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Strengthening Organic Enforcement USDA Rule

Key Takeaways for Handlers and Processors

Read on for impacts on handlers and processors, including private label brand owners, brokers, traders, wholesalers, distributors, storage facilities, transporters, and more.

Key Impacts

  • Nonretail containers used to ship or store organic products will be required to identify the product as organic and display the lot number or shipping identification to link the container to the audit trail documentation. Audit trail documentation for nonretail containers must identify the last certified operation that handled the organic product. Send all new or updated labels to inbox@ccof.org for pre-approval prior to printing.

  • Operations will be required to develop monitoring practices to verify suppliers in the supply chain and organic status of products received to prevent fraud. CCOF clients should review CCOF’s Organic Fraud Prevention Plan worksheet and submit any changes before March 19, 2024. If your supply chain is complex, we encourage you to enroll in OTA’s Fraud Prevention Solutions program.

  • NOP Import Certificates will be required for all organic products entering the United States, even for product certified to USDA NOP standards. NOP Import certificates must be maintained by importers, who will be required to be certified. See Import/Export for more information.

  • Certified operations must review their relationships with uncertified operations to determine if uncertified operations remain exempt or if certification is required. Send this flyer to uncertified operations you work with.

     

    CCOF certified clients may request an Exempt Handler Affidavit (EHA) from uncertified operations in their network. Please promptly complete and return EHAs.

  • Standardized Organic Certificates will be required and will be available in the Organic Integrity Database. Certifiers will be required to update the Organic Integrity Database more regularly, making this database a critical tool for verifying that a supplier is certified. Certified operations do not need to take any action to fulfill this requirement.

Nonretail containers used to ship or store organic products will be required to identify the product as organic and display the lot number or shipping identification to link the container to the audit trail documentation. Audit trail documentation for nonretail containers must identify the last certified operation that handled the organic product. Send all new or updated labels to inbox@ccof.org for pre-approval prior to printing.

  • SOE requires many operations that were previously exempt from certification to now get certified, including storage locations, brokers, private label brand owners, and importers. We encourage you to review the regulations in full. The following operations now need to seek certification.

     

    Use CCOF’s Organic Certification Self-Assessment to better understand how the rule applies to uncertified operations. Contact CCOF’s Applicant Support team (getcertified@ccof.org) with any questions.

  • Operations that buy, sell, trade, or facilitate the sale or trade of organic goods in nonretail packaging or containers. This includes brokers, traders, distributors, wholesalers, and private label brand owners who sell organic products that are not labeled for retail sale—all are required to be certified.

      • Note that brand owners that buy ingredients in nonretail packaging to send to co-packers are required to get certified for the purchase of ingredients.
      • Keep reading to learn more about operations who buy and sell organic products in retail packaging.
  • Operations that buy, sell, trade, or facilitate the sale or trade of retail-labeled product that is not in sealed, tamper-evident retail packaging or containers are required to be certified.

      • Tamper-evident means that the contents are sealed in a manner where an attempt to break the seal, access the contents, or reclose the package would be obvious. Examples of sealed, tamper-evident retail packaging:
        • Berry clamshells with a sticker enclosing the clamshell
        • Zip-top grape bags with a sealed top (sticker or strip that consumer must rip off to open bag)
        • Cauliflower individually wrapped in plastic
        • Mesh bags of potatoes with a label that seals the bag (consumer must rip open bag to access produce)
      • The retail packaging must be sealed and tamper-evident packaging. If only the nonretail packaging is sealed and tamper-evident, certification is required.
        • For example: Brokers and private label brand owners selling unpackaged produce in non-retail boxes are required to be certified because the retail labeled product is unpackaged.
    • Importers of products into the United States as well as exporters of products into the United States must get certified. Certification is required, regardless of product packaging type. See Import/Export for more information.
    • Storage facilities that store product that is not in sealed, tamper-evident packaging must get certified.
      • Either the non-retail or retail packaging must be sealed and tamper-evident.
      • All locations where unpackaged product is stored must be certified.

SOE requires many operations that were previously exempt from certification to now get certified, including storage locations, brokers, private label brand owners, and importers. We encourage you to review the regulations in full. The following operations now need to seek certification.

 

Use CCOF’s Organic Certification Self-Assessment to better understand how the rule applies to uncertified operations. Contact CCOF’s Applicant Support team (getcertified@ccof.org) with any questions.

  • The following operations are exempt under the SOE regulations. These operations may choose to get certified but are not required to. Additional caveats may apply, and we encourage you to review the regulations in full before concluding you are exempt.

    If not listed below, your operation will likely need to gain certification.

  • Operations such as distributors or brand name owners that are buying, selling, or storing organic products that are in retail, tamper-evident packaging and remain in the same packaging and are not otherwise handled while in the operation’s control are not required to be certified.

      • Note that brand owners that buy ingredients in nonretail packaging to send to co-packers will be required to get certified for the purchase of ingredients.
  • Storage facilities that receive product that remains in sealed, tamper-evident packaging throughout the time the product is in their custody are not required to be certified. These storage facilities do not take ownership of the product.

  • Customs brokers who do not import, trade, sell, or take ownership or physical possession of organic products are not required to be certified.

  • Logistics brokers who do not take ownership or physical possession of organic products are not required to be certified. Exempt logistic brokers may only arrange for the movement of organic product and may not buy, sell, trade, or import.

  • Transport companies that do not otherwise handle products are not required to be certified.

      • More guidance for unpackaged products: Combining or splitting are considered handling and are common with transport of unpackaged products. If a transporter is combining or splitting, either the transporter must be certified or the activity must described in the organic system plan of the certified operation contracting the transporter. If the combining or splitting is performed on behalf of a certified operation (not the transporter), their organic system plan must describe transportation practices and the certified operation must maintain transportation records showing no contamination or commingling during transport, such as a clean truck affidavit.

The following operations are exempt under the SOE regulations. These operations may choose to get certified but are not required to. Additional caveats may apply, and we encourage you to review the regulations in full before concluding you are exempt.

If not listed below, your operation will likely need to gain certification.

Need Certification to Comply with the SOE Rule?

Contact getcertifed@ccof.org with questions

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