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  • From: Marcie Rosenzweig <fullcircle AT jps.net>
  • To: "Market Farming" <market-farming AT franklin.oit.unc.edu>
  • Subject: National Organic Program
  • Date: Tue, 18 Dec 2001 04:51:45 -0800


Hi All,

The website for the National Organic Program is http://www.ams.usda.gov/nop/

From their FAQ

Q: Can non-certified companies use the word "organic?"

A: Producers and handlers that qualify for exemption or exclusion from certification may use the term "organic" in compliance with the labeling requirements specific to their exemption or exclusion (see section 205.101 of
NOP regulations).

Q: I am a small farmer. Will I have to be certified?

A: It depends. If your gross agricultural income from organic sales total $5,000 or less annually, you are exempt from certification (see section 205.101(a)(1) of the NOP regulations). Exempt operations must comply with the applicable requirements of subpart C and the labeling requirements at section 205.310 of the NOP regulations.

Q: I am a small processor. Do I have to be certified?

A: It depends. If your gross agricultural income from organic sales total $5,000 or less annually, you are exempt from certification (see section 205.101(a)(1) of the NOP regulations). Exempt operations must comply with the applicable requirements of subpart C and the labeling requirements at section 205.310 of the NOP regulations.
For other possible handler exemptions see section 205.101 of the NOP regulations.

10/12/01 Q: Please explain who may use the term organic and how the term is to be used.

A: Any production or handling operation certified according to the provisions of subpart E, Certification, may use the term "organic" (§205.100). Production or handling operations that are exempted or excluded under §205.101 may use the term "organic" according to the regulations specified in §205.310, Labeling; provided, they compy
with the production and handling requirements of subpart C of the national standards.

10/12/01 Q: What are the penalties for misuse of the term "organic"?

A: Any operation that knowingly sells or labels a product as "organic", except in accordance with the Act (OFPA)and the national standards, may be subject to a civil penalty of not more than $10,000 per violation and the provisions of 18 U.S.C 1001.

10/12/01 Q: Who will be responsible for the enforcement of the National Organic Program and how will a typical prosecution proceed?

A: USDA, accredited certifying agents, and where applicable, approved State Organic Programs will be responsible for enforcement of the national regulations. Compliance procedures for certified organic operations, accredited certifying agents, and State Organic Programs are specified in sections 205.660 through 205.668 of the national
standards.

Q: Do NOP regulations require the use of organic seed?

A: NOP regulations require the use of organic seed when commercially available. For your options when organic seed is not commercially available see section 205.204 of the NOP regulations or consult your certifying agent.

§ 205.204 Seeds and planting stock practice standard.

(a) The producer must use organically grown seeds, annual seedlings, and planting stock: Except, That,

(1) Nonorganically produced, untreated seeds and planting stock may be used to produce an organic crop when an equivalent organically produced variety is not commercially available, Except, That, organically produced seed must be used for the production of edible sprouts;

(2) Nonorganically produced seeds and planting stock that have been treated with a substance included on the National List of synthetic substances allowed for use in organic crop production may be used to produce an organic crop when an equivalent organically produced or untreated variety is not commercially available;

(3) Nonorganically produced annual seedlings may be used to produce an organic crop when a temporary variance has been granted in accordance with § 205.290(a)(2);

(4) Nonorganically produced planting stock to be used to produce a perennial crop may be sold, labeled, or represented as organically produced only after the planting stock has been maintained under a system of organic management for a period of no less than 1 year; and

(5) Seeds, annual seedlings, and planting stock treated with prohibited substances may be used to produce an organic crop when the application of the materials is a requirement of Federal or State phytosanitary regulations.


Q: Can I make label claims in addition to "organic" on my product?

A: NOP regulations do not prohibit a producer or handler from making additional claims regarding their product as long as they are truthful and not misleading to the consumer. Such label claims may have to be approved by Federal agencies such as FDA, FSIS, or BATF.

§ 205.300 Use of the term, "organic."

(a) The term, "organic," may only be used on labels and in labeling of raw or processed agricultural products, including ingredients, that have been produced and handled in accordance with the regulations in this part. The term, "organic," may not be used in a product name to modify a nonorganic ingredient in the product.

Hoping this helps,

Marcie
Marcie A. Rosenzweig
Full Circle
3377 Early Times Ln
Auburn, CA 95603-7900
(530) 885-9201




  • National Organic Program, Marcie Rosenzweig, 12/19/2001

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