USDA ORGANIC REGULATIONS UPDATE: IMPLEMENTATION STARTS THIS WEEK

Implementation of the Strengthening Organics Enforcement (SOE) Rule goes into effect today, March 19, 2024. The new rule updates the USDA’s organic regulations, oversight, and enforcement for organic products including production, handling, and sales. The new rule also implements 2018 Farm Bill requirements, addresses industry requests for regulation updates and National Organic Standards Board (NOSB) recommendations.

GRACE PERIOD

The new SOE certification process encompasses multiple stages that can take several months to complete. Starting March 19th, the USDA’s Agricultural Marketing Service (AMS) will begin to progressively implement enforcement against importers who do not have valid certification and fail to file organic import certificates.

Nine key updates include:

1. Certification Expansion – Brokers, traders, and other businesses along organic supply chains must now be certified.
2. Import Certificates – All organic imports require NOP Import Certificates for entry.
3. Container Identification – Non-retail containers must display organic identification.
4. Enhanced Inspections – Certified operations face more rigorous on-site inspections.
5. Qualification Standards – Organic inspectors and certifying agent personnel must meet uniform qualification and training standards.
6. Standardized Certificates – Implementation of standardized certificates of organic operation.
7. Increased Reporting – Certified operations must provide additional and more frequent data reporting.
8. Recordkeeping Authority – Authorities gain more authority for record-keeping, traceability, and fraud prevention.
9. Producer Group Requirements – Specific certification requirements are outlined for producer groups.

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