USDA Publishes Strengthening Organic Enforcement Final Rule

On January 18^th, the USDA National Organic Program (NOP) provided a sneak peek at the final Strengthening Organic Enforcement (SOE) regulation. This modification to the USDA organic laws increases control and enforcement of organic food production, handling, and sale. This final rule incorporates 2018 Farm Bill obligations, answers to industry requests for revisions to USDA organic standards, and addresses suggestions from the National Organic Standards Board (NOSB).

SOE promotes organic integrity and increases farmer and consumer trust in the USDA organic seal by promoting strong organic control systems, strengthening farm-to-market traceability, increasing import inspection power, and enforcing organic rules vigorously. The following are important updates:

• Requiring certification of more of the businesses, like brokers and traders, at critical links in organic supply chains.
• Requiring NOP Import Certificates for all organic imports.
• Requiring organic identification on nonretail containers.
• Increasing authority for more rigorous on-site inspections of certified operations.
• Requiring uniform qualification and training standards for organic inspectors and certifying agent personnel.
• Requires standardized certificates of organic operation.
• Requires additional and more frequent reporting of data on certified operations.
• Creates authority for more robust recordkeeping, traceability practices, and fraud prevention procedures.
• Specify certification requirements for producer groups.

SOE supplements and supports the USDA’s extensive efforts to protect the organic label, including the USPTO registration of the USDA organic seal trademark. Along with this new restriction, the registered trademark provides authority to stop uncertified organizations from using the seal incorrectly.

The regulation may have an impact on USDA-accredited certifying agents, organic inspectors, certified organic operations, operations pursuing organic certification, enterprises that import or trade organic goods, and merchants selling organic products. Please read the complete rule published at to discover if you are affected by SOE. HERE

Organic operations, certifying agents, and other organic stakeholders affected by the rule will have one year from the effective date of the rule to comply with the changes.

Learn more about the final rule. HERE