The
Organic Foods Production Act of 1990 "requires the
Secretary of Agriculture to establish a National List of Allowed and Prohibited Substances which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations." Under this act, the Secretary of Agriculture promulgated regulations establishing the National Organic Program (NOP) in 2000. It restricts the use of the term "organic" to certified organic producers (excepting growers selling under $5,000 a year, who must still comply and submit to a records audit if requested, but do not have to formally apply). Certification is handled by state, non-profit and private agencies that have been approved by the USDA NOP regulations cover in detail all aspects of
food production,
processing, delivery and
retail sale. Under the NOP, farmers and food processors who wish to use the word
organic in reference to their businesses and
products, must be
certified organic. Producers with annual sales not exceeding US$5,000 are exempted and do not require certification (however, they must still follow NOP
standards, including keeping
records and submitting to a production
audit if requested, and cannot use the term
certified organic). Products labeled "100 percent organic", "organic", or "made with organic ingredients" must adhere to the Organic Production and Handling Requirements outlined in the regulation 7 CFR Part 205. A
USDA Organic seal identifies raw, fresh, and processed products with at least 95% organic ingredients. A product that has not been certified organic by a USDA-authorized certifying agent may not bear the USDA organic seal. Products containing at least 70 percent organically produced ingredients may include a “Made with Organic” label to specify up to three ingredients or ingredient categories. They can not use the USDA organic seal or represent that the finished product is organic. Misuse of the USDA Organic seal on a product may lead to USDA compliance and enforcement actions, including fines up to $11,000 per violation. == Support and assistance ==