How Regulation and Certification Are Helping to Protect Organic Integrity

What happens at an organic inspection? Organic inspectors are trained to look critically at all aspects of an operation, including buffer zones that protect organic crops from substances used on neighboring farms, pest management practices, soil fertility, storage and preparation areas, and more. A handling inspector will inspect facilities, equipment, handling practices, labeling, storage, and more.

Inspectors also examine records—such as invoices, records of material applications, organic sales, harvest, and yield—that document farming and handling practices. During their visits, inspectors can even collect samples for residue testing; certifying agents use the results to identify and address instances in which organic products may have unintentionally come into contact with prohibited substances, as well as to detect and deter fraud.

Inspections end with an exit interview, when inspectors review any areas of concern. Certifiers ultimately review each inspection report alongside the operation’s Organic Systems Plan before issuing an organic certificate.

Production that Safeguards Integrity

Having covered the basics of organic requirements and organic integrity checks and balances, let’s take a closer look at what goes into making an organic product, such as cheddar cheese.

Before it can be turned into cheese, organic milk must come from a certified organic cow. The organic cow cannot be given growth hormones or antibiotics, and its feed must be 100 percent organic. The organic feed comes from land not treated with any prohibited substances for at least three years prior to harvest and managed in a way that maintains soil fertility and minimizes erosion. Organic cows must graze on organic pastures for the entire grazing season—at least 120 days a year—and they must receive at least 30 percent of their nutrition from pasture during the grazing season.

Throughout their lives, organic animals are raised in living conditions that accommodate their natural behaviors and support their health and welfare. If an animal gets sick and needs treatment with antibiotics or other drugs, the organic standards require that it receive these treatments and then be removed from organic production. In other words, product from treated animals can no longer be sold, labeled, or represented as organic.

After the organic cow is milked, the milk is transported to a certified organic processing facility to go through the “cheddaring” process, when an enzyme called “rennet” is added to separate the curd (semi-solid chunks) and whey (liquid). Rennet is an example of a non-agricultural substance that is allowed in organic food products.

Both the certified organic dairy farm and the cheese processing facility are inspected by certifiers at least once a year. These top-to-bottom inspections ensure that operations are meeting or exceeding all USDA organic regulations, maintaining important records, and following their written Organic System Plans. The dairy farmer’s organic farm plan outlines how he or she manages pastures, keeps the cows healthy, and maintains the land’s soil and water quality; while the cheese facility’s organic handling plan covers how organic ingredients are sourced and equipment is cleaned between batches, especially if the facility processes both organic and non-organic cheeses.

Enforcing Regulations

To assure consumers that organic products meet consistent standards and to create a level playing field for certified organic producers and processors, the NOP reviews complaints alleging violations of the USDA organic regulations and carries out enforcement actions.

How does the complaint process work? The NOP follows a well-defined set of steps when it receives a complaint. First, specialists review the complaint to see if it falls within the NOP’s jurisdiction. Complaints outside of the NOP’s jurisdiction are referred to the appropriate authorities, like USDA’s Food Safety and Inspection Service, the FDA, or state public health agencies.

Second, the NOP determines if the complaint alleges an actual violation of the USDA organic standards. Third, the complaint must include sufficient evidence that organic standards are being violated. In all instances, the NOP thoroughly reviews the complaint and determines whether or not there is a violation of the USDA organic regulations.

What are examples of violations? 

• Use of organic claims or the USDA organic seal by uncertified operations on product labeling and in market information, such as web pages;
• Presence of prohibited pesticides or other prohibited substances in agricultural products sold, labeled, or represented as organic;
• Use of uncertified co-packers or other handlers in the processing of agricultural products to be sold, labeled, or represented as organic; and
• Use of fraudulent organic certificates to market or sell agricultural products.

Operations that knowingly violate the USDA organic regulations can face penalties of up to $11,000 per violation. Certified operations that violate the USDA organic regulations may receive notices of noncompliance or proposals to suspend or revoke their organic certification.