The Newest Change to Organic Regulation

Fully implemented in March of 2024, the Strengthening Organic Enforcement (SOE) Rule was put into place by the USDA National Organic Program (NOP). The most significant change to organic regulations nationwide since the program was created, the SOE Rule is meant to improve confidence in organic products and help mitigate fraud in the supply chain. Its impact is wide-reaching, covering both longtime and newly-certified handlers of organic products as well as those who are as yet uncertified but plan to pursue certification.

Form - USDA Organic Spray Log - Provision-min (1)

New Industry-Wide Requirements

  • Non-Retail Containers
    Containers used to ship or store organic products must identify the products within as organic and display the lot number or shipping ID, linking the container to audit trail documentation; documentation must identify the last certified organic operation to have handled the product.
  • Imports into the US
    Organic agricultural products shipped into the US must be associated with a valid NOP Import Certificate; both the foreign exporter and US importer must be certified.

Impacts for Handlers & Processors

The SOE Rule has changes in store for handlers and processors across the industry, including everything from brokers and traders to private label brands and transportation entities.

  • Organic Fraud Prevention Plan
    Monitoring practices must be in place to verify suppliers as well as the status of products received.
  • Relationships with Uncertified Operations

    USDA-Certified operations must review existing relationships with uncertified operations and determine whether the operation in question is exempt or must become certified.

  • Standardized Organic Certificates

    Standardized Organic Certificates will be required and made available in the Organic Integrity Database, maintained and updated regularly by certifiers; no action is required by processors to maintain their status in the Database.

Impacts for Growers

While the SOE Rule impacts handlers and processors the most, growers are far from exempt from changes.

  • Uncertified Entities

    Operations that were previously exempt may be required to become certified, including:

      • Facilities that store organic products not in sealed, tamper-evident packages or containers; and,
      • Private label owners that buy or sell organic products not in sealed, tamper-evident retail packaging.
  • Supply Chain Traceability & Organic Fraud Protection
    Monitoring practices must be developed to verify suppliers and the organic status of products received.
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"
[The SOE Rule] sweeps in previously exempt operations [and] adds more transparency and accountability. [...] You're pretty much talking about the entire supply chain with a few exceptions.
"
Scott Rice
Senior Director of Regulatory Affairs, Organic Trade Association

The Future of Organic Certification

Organic products continue to be a strong source of business for the American food industry, and efforts to ostrengthen the integrity of organic certification are sure to help bolster their status for years to come. Provision is uniquely suited to simplify organic documentation, as clients report up to a 95% reduction in the time required to prepare for a USDA Organic audit.