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1 1 (September 21, 2020)

handle is hein.crs/govdbwg0001 and id is 1 raw text is: FF. ' riE -. $r h ,. , i September 21, 2020 Organic Certification: An Overview of the Legal Framework In 1990, Congress passed the Organic Foods Production Act (OFPA), 7 U.S.C. §§ 6501 6522, to establish national standards governing the marketing of certain agricultural products as organically produced products. OFPA, enacted as part of the 1990 Omnibus Farm Bill, authorized the Secretary of Agriculture to establish regulations, administered by the Agricultural Marketing Service (AMS) within the U.S. Department of Agriculture (USDA), for certifying products as organic under the National Organic Program (NOP). Id. § 6503. The Secretary may also authorize states to operate their own programs with requirements equivalent to or more restrictive than the federal program. Id. § 6507. This In Focus summarizes the organic certification framework and highlights some proposed regulatory changes. ht4 ,,-n, , Organic may be used to describe products produced and handled (1) without the use of synthetic chemicals, except as permitted by law; (2) on land to which prohibited substances have not been applied in the three years before harvest; and (3) in compliance with an organic plan approved by a certifying agent. Id. § 6504. All products within the statutory definition of agricultural product may obtain organic certification. This definition encompasses raw and processed products, and products derived from livestock for human or livestock consumption. Livestock includes cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fish, and other nonplant life. Id. §§ 6502(1), (11); 7 C.F.R. § 205.2. The term organic may be used to describe or label products in four configurations: (1) 100 percent organic; (2) organic; (3) made with organic (specified ingredients or food groups); and (4) by designating specific ingredients as organic if the product contains less than 70% organic material. 7 C.F.R. § 205.301. 100 percent organic refers to products consisting entirely of organically produced ingredients. Organic refers to products that contain at least 95% organically produced products by weight or fluid volume, excluding water and salt. The remaining 5% must be (1) organically produced ingredients, unless not commercially available in organic form, or (2) nonagricultural substances or nonorganically produced agricultural products produced consistent with the National List. Made with organic (specified ingredients or food groups) refers to products with at least 70% organically produced ingredients; the remaining 30% must meet other production requirements. Products with less than 70% organic material may use the term organic, but may apply it only to specific ingredients, not the entire product (e.g., organic may precede each organically produced ingredient in a list of ingredients). Id. §§ 205.303 205.309. Labels for 100% organic and organic products may also use the USDA organic seal. Id. § 205.311. Under OFPA, an organic certification for products with 70% to 100% organic content allows producers and handlers to make a claim regarding the absence of bioengineering in the food, including non-GMO and not bioengineered. 7 U.S.C. § 6524. To make these claims, the products must not be produced with methods to genetically modify organisms or influence their growth and development by means that are not possible under natural conditions or processes and are not considered compatible with organic production. 7 C.F.R. §§ 205.2, 205.105(e). MLitin,,afnz r 'ohbited SKbtucs Producers and handlers of organic products cannot use prohibited substances in their operations. Id. § 205.400. The Secretary, on recommendation from the National Organic Standards Board (NOSB), designates these substances on the National List, which itemizes all permitted synthetic substances and prohibited natural substances. 7 U.S.C. § 6517; 7 C.F.R. §§ 205.600 205.607. The NOSB consists of fifteen individuals designated by the Secretary. 7 U.S.C. § 6518(b). Prohibited substances may be permitted if they (1) would not harm human health or the environment; (2) are necessary in the operation due to unavailability of natural substitutes; and (3) are consistent with organic farming and handling. Id. § 6517(c); 7 C.F.R. § 205.600(b). Natural substances may be prohibited if they harm human health or the environment and their use would be inconsistent with organic farming or handling. 7 U.S.C. § 6517. When the NOSB considers recommendations for the National List, it assesses how the substances may interact with other materials used in farming systems; the substance's toxicity; probability of environmental contamination; effects on human health and the agroecosystem; existence of alternative substances; and compatibility with sustainable agriculture. Id. § 6518(m). The NOSB must obtain scientific evaluations of the relevant substances before making final recommendations. Id. § 6518(k). Operations seeking to describe their products as organic typically must obtain certification of an organic plan. These plans must outline how the operations will comply with all regulatory requirements. First, the plans must show how the operations will avoid prohibited substances, primarily by listing the materials and operational or monitoring gognpo g-o g , q 's a X 11LULANJILiN,