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The National Organic Program (NOP) is the federal program that regulates certification of organic agricultural products in the United States. The NOP has regulated the use of the term organic on the labels of food and other products since October 2002. To label food or other agricultural products as organic, farms and processors must meet the organic certification standards created by the NOP and be inspected by a certifying agency accredited by the NOP. The NOP is administered by the Agricultural Marketing Service of the U.S. Department of Agriculture (USDA).

The NOP has three main functions: to regulate labeling of organic products, to set and update the standards for certification, and to oversee the certification of farms and processors by independent agencies. The regulations are published in the Code of Federal Regulations title 7 part 205 and known as the Organic Rule. The Organic Rule has been controversial since its inception, and understanding the history of its formation is key to understanding what it means when a product is labeled “organic.”

The National Organic Standards Board

The USDA, headed by the secretary of agriculture, makes policy decisions about the Organic Rule. They do so with recommendations from a 15-member advisory council called the National Organic Standards Board. The board includes four farmers, two organic product processors, one retailer, one scientist, three consumer advocates, three environmentalists, and one certifying agent. It convenes several committees to make recommendations on specific regulations, including the Materials Working Group, the Policy Committee, the Crops Committee, the Livestock Committee, and the Certification Accreditation and Compliance Committee.

The NOSB plays an advisory role in most aspects of the NOP's rule making, meaning the USDA may decide whether or not to follow the NOSB's recommendations, with one exception. Decisions affecting the National List of Allowed and Prohibited Substances are made by the NOSB and are not considered advisory. Rather, in deciding which substances are allowed and disallowed, the NOSB's recommendations must become the rule.

Labeling

The word organic in the context of agricultural products is given a legal definition under the NOP. If a product is labeled organic or bears the USDA organic label, it must be produced in accordance with the Organic Rule and certified by an NOP-accredited certifying agency. A packaged product may be labeled with the words “made with organic ingredients” or claim that it is made with a specific ingredient, as in wine labeled “made with organic grapes,” if at least 70 percent of the ingredients are certified organic. There is an exemption to the certification requirement for very small scale farmers or processors that have less than $5,000 in annual sales. They can claim that a product is organic without being certified by an accredited agency, but they must produce the product in accordance with the organic standards.

Standards

The substance of the Organic Rule is the organic standards—a long and detailed specification of the practices and materials that can legally be used in producing organic products. Although originally conceived of as standards for producing organic food, the standards have been expanded to apply to cosmetics, clothing, and other agricultural products.

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