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Strengthening Organic Enforcement USDA Rule

Key Takeaways for Retailers and Restaurants

Retail establishments are defined as restaurants, delicatessens, bakeries, grocery stores, or any retail business with a restaurant, delicatessen, bakery, salad bar, bulk food self-service station, or other eat-in, carry-out, mail order, or delivery service of raw or processed agricultural products. Wholesale businesses that sell to other businesses do not qualify as retail establishments.

 

Certified organic retailers and restaurants that also operate as private label brand owners or commissary kitchens should also review our SOE information for handlers for full details.

Key Impacts for Retail and Restaurants

  • Retail operations that process organic product at a separate location from the point of sale, such as a commissary kitchen, must get the off-site location certified under the USDA NOP handler scope. If products are processed and sold at the same physical location (including repacking or preparing ready-to-eat meals), only certified organic retail establishments may use the USDA organic seal on products they process.

  • Retail establishments may use virtual transactions for sales, but they must also have a physical location for consumers to purchase products to be considered a retail establishment. Retail operations that process organic product and have only virtual sales (no physical location) must get certified under the USDA NOP handler scope. Retail operations that do not process but have only virtual sales may be required to be certified, unless exempt under other sections of NOP 205.101.

Retail operations that process organic product at a separate location from the point of sale, such as a commissary kitchen, must get the off-site location certified under the USDA NOP handler scope. If products are processed and sold at the same physical location (including repacking or preparing ready-to-eat meals), only certified organic retail establishments may use the USDA organic seal on products they process.

Retail establishments that do not process organic product and/or retail locations that process organic product at the location of final sale are not required to be certified.

 

Please note:

  • Businesses which sell to other businesses are not considered retail establishments.
  • A retail establishment may have virtual sales, but they must also have a physical location for consumers to purchase goods.

Uncertified Storage Locations, Private Label Brand Owners, and Others

SOE requires many operations that were previously exempt from certification to now get certified. This includes the following which may be associated with retail or restaurant operations :

  • Storage facilities that store organic products that are not in sealed, tamper-evident packages or containers;
  • Private label brand owners that buy/sell organic products that are not in sealed, tamper-evident retail packaging or containers;
  • Private label brand owners that buy ingredients in nonretail packaging to send to co-packers are required to get certified for the purchase of ingredients;
  • And others. Review our SOE information for handlers for full details. Send this flyer to uncertified operations you work with.

Need Certification to Comply with the SOE Rule?

Contact getcertifed@ccof.org with questions

Apply for Certification

What Next?

Please review the updated regulations and monitor communications from CCOF for important notifications and requests for information. 

We are here to support you in taking the steps needed to be in compliance with all the requirements of SOE. Carefully review all notifications from CCOF, respond promptly,

and contact us with any questions.

Certification News about Strengthening Organic Enforcement