Home Page:   http://www.ams.usda.gov/nop/index.htm

National Organic Program Overview 

Organic production has been practiced in the United States since the late 1940s. From that time, the industry has grown from experimental garden plots to farms with surplus products to sell under a special "organic" label. Food manufacturers have developed organic processed products and many retail marketing chains specialize in the sale of "organic" products. This growth stimulated a need for verification that products are indeed produced according to certain standards. Thus, the organic certification industry also evolved. By the late 1980's, after an attempt to develop a consensus of production and
certification standards, the organic industry petitioned Congress to draft the Organic Foods Production Act (OFPA) defining "organic". 

Congress passed the Act to: (1) establish national standards governing the marketing of certain agricultural products as organically produced products; 2) assure consumers that organically produced products meet a consistent
standard; and (3) facilitate commerce in fresh and processed food that is organically produced. This proposal is designed to implement the Act.

Under this law the United States Department of Agriculture (USDA) was mandated to write a regulation which explains the law to producers, handlers and certifiers who are regulated. The OFPA also provided that an advisory
board, the National Organic Standards Board, be assembled to help USDA write the regulation. The Board is comprised of 14 members, each representing different segments of the organic industry. They make recommendations to the Secretary, especially regarding the substances that can be used in organic production and handling. 

As a result of the OFPA, USDA has dedicated much time and effort to fulfill the requirements of the statute. By adopting the NOSB recommendations, listening to public input, consulting with States and certifying agents, and considering other Federal regulations, the NOP Proposed Rule of 2000 has been developed and made available for review and public comment.


The Organic Foods Production Act (OFPA) of 1990, adopted as part of the 1990 Farm Bill, requires USDA to develop national standards for organically produced agricultural products to assure consumers that agricultural products marketed as organic meet consistent, uniform standards. The OFPA and the National Organic Program (NOP) require that agricultural products labeled as organic originate from farms or handling operations certified by a State or private agency that has been accredited by the U.S. Department of Agriculture (USDA). 

The NOP is a marketing program housed within the USDA Agricultural Marketing Service, the agency that sets marketing standards. Neither the OFPA nor these final regulations address food safety or nutrition. 

How the National Organic Program was developed 

The OFPA requires USDA to develop national organic standards and establish an organic certification program based on recommendations of a 15-member National Organic Standards Board (NOSB). 

In addition to NOSB recommendations, USDA reviewed State, private and foreign organic certification programs to help formulate these regulations. The final regulations are similar to most of the standards organic producers and handlers currently use, and are intended to be flexible enough to accommodate the wide range
of operations and products grown and raised in every region of the United States. 

In December 1997, USDA published a proposed rule and received 275,603 public comments, explaining why and how the rule should be rewritten. A revised proposal was published in March 2000. An additional 40,774 comments were received, many of which were incorporated into the final rule. 

What's in the final rule? 

The final regulation prohibits the use of genetic engineering (included in excluded methods), ionizing radiation, and sewage sludge. The rule includes the following: 
Production and handling requirements, which address organic crop production, wild crop harvesting, organic livestock management, and processing and handling of organic agricultural products. The National List of Allowed Synthetic and Prohibited Non-Synthetic Substances is also included. Labeling requirements for organic products, along with compliance, testing, fee, and State program approval requirements. Certification and record keeping requirements. 

Accreditation requirements for receiving and maintaining accreditation, as well as requirements for foreign accreditation. Other administrative functions of the NOP, which include evaluation of foreign organic certification programs. 

What's changed in the final regulation? 

We increased the minimum percentage of organic ingredients in products labeled "Made with Organic Ingredients" from 50 percent to 70 percent. 

We adopted 5 percent of the Environmental Protection Agency's pesticide residue tolerance as the pesticide residue compliance threshold. 

See "The Final Rule" on National Standards "Residue Testing"
http://www.ams.usda.gov/nop/nop2000/nop/finalrulepages/finalrulemap.htm

Up-Dates in the Organic Food Industry

We allowed wine containing sulfites to be labeled "Made with Organic Grapes." 

We adjusted the organic feed requirements for dairy herds when a producer converts the entire herd to organic production as a single, one-time event. 

We minimized the burden on small farmers through a change in the composting standards. 

We redesigned the USDA Organic Seal to minimize consumer confusion. 

We made clear that use of ionizing radiation, sewage sludge, and excluded methods are prohibited throughout organic production and handling. The rule does allow one potential exception for use of animal vaccines produced using excluded methods, but only if they are first specifically recommended by the NOSB and approved by the Secretary, subject to notice and comment rulemaking. 

We established a peer review process which will annually evaluate the NOP's accreditation decisions and adherence to accreditation procedures. 

We added commercial availability provisions that require handlers to use organic ingredients in "organic" products whenever possible. 

We established new requirements for the labeling of organic livestock feed products. 

We allowed handlers to designate on the principal display panel the exact percentage of organic content of their product. 

This final rule becomes effective 60 days after its publication in the Federal Register and will be fully implemented 18 months after its effective date. Eighteen months after the effective date, all agricultural products that are sold, labeled, or represented as organic must be in compliance with these regulations. The USDA Seal may not be affixed to any "100 percent organic," or "organic," product until 18 months after the final rule's effective date. Farms and handling operations that sell less than $5,000 annually of organic agricultural products are exempt from certification. These producers and handlers, while exempt from certification and the preparation of an organic plan, must comply with all other national standards for organic products and may label their products as organic. 

There is also a "Proposed Rule" in the works.  For this and public comments see:
http://www.ams.usda.gov/nop/nop2000/nop/newpages%20folder/nopmap.htm