2.5 Enforcement of Organic Rules and Regulations
Jenna Bjork and Katie Steneroden
According to the 2022 Annual Organic Oversight and Enforcement Report [PDF], there were 45,830 certified organic farms and businesses worldwide, with about 62% in the United States. That number continues to grow steadily. ACAs manage the organic certification process and audit activities to ensure the organic label’s integrity. ACAs also protect consumer trust in the organic label by issuing non-compliance notices and investigating allegations reported to the NOP.
Complaints can be filed by anyone who believes the farm or certifier has violated the NOP regulations. For instance, farmers and ranchers can be found non-compliant with organic rules if they do not provide adequate documentation on livestock feed or treatments to their certifiers or if they use prohibited substances in their operation (advertently or inadvertently) and do not report it to their certifier.
As of March 2024, oversight and enforcement of organic regulations were strengthened. More information on these new rules can be found in the following resources:
- SOE Fact Sheet [PDF]
- Organic Insider: SOE Final Rule Core Course
- Side-by-Side Comparison [PDF] (regulations as of Jan 2023 to final rule)
- SOE Final Rule Primers [PDF] | SOE Final Rule Primers Spanish [PDF]
Penalties
Farmers and ACAs who disagree with a non-compliance notice can submit an appeal within 30 days. If the non-compliance issue is valid, various repercussions may ensue depending on the severity. For instance, ACAs may allow the farmer to resolve the problem within a specific time, the Organic Certificate could be suspended or revoked, and/or a financial penalty may be imposed. According to 7 CFR 3.91(i)(b)(xxxvi), a maximum penalty of $20,130 can be issued for knowingly selling or labeling a product as organic unless under the Organic Foods Product Act of 1990. The use of fraudulent documents to sell organic agricultural products is punishable by fines.
