In a bid to enhance traceability and safeguard the integrity of organic products across the supply chain, the United States Department of Agriculture (USDA) has introduced the National Organic Program (NOP) Strengthening Organic Enforcement (SOE) rule, set to take effect on March 19, 2024. This mandates that all organic imports into the United States must be clearly labeled as such and accompanied by an associated NOP import certificate, impacting importers and exporters alike, urging them to align with the new regulations.
Compliance and Exemptions Under the SOE Rule
Under the SOE rule, each NOP import certificate is assigned a unique identification number, facilitating an auditable record trail of imports and ensuring traceability and verification of organic integrity from certified organic exporters outside the U.S. to certified U.S. importers. The certificates must contain detailed information regarding the quantity and origin of the organic products being imported, with importers or their customs brokers required to enter the certificate number into the U.S. Customs and Border Protection’s Automated Commercial Environment (ACE) system for seamless integration with shipment details.
While most operations involved in the production and handling of organic products are subject to the new requirements, there are exemptions outlined in 7 CFR § 205.101 of the rule. These exemptions include small-scale production or handling operations with minimal organic sales, retail establishments that do not process organic agricultural products, and handling operations dealing with products containing less than 70% organic ingredients, among others.
Adapting to Compliance Requirements and Ensuring Organic Integrity
To comply with the SOE rule, exporters must request NOP import certificates from their certifiers and ensure that all export documentation identifies products as organic. On the other hand, importers must verify the accuracy of NOP import certificates, maintain import documents for inspection purposes, and ensure that shipments adhere to organic standards without exposure to prohibited substances or ionizing radiation.
In light of these changes, U.S. food and beverage importers are urged to swiftly adapt by reviewing the SOE final rules, assessing compliance with the new requirements, obtaining NOP import certificates, establishing formal organic control programs, and conducting internal audits to ensure seamless adherence to the regulations. By proactively embracing these measures, businesses can navigate the evolving landscape of organic certification and uphold their commitment to sustainability and quality assurance.