The USDA National Organics Program (NOP) is set to go into effect on Tuesday, March 19, 2024.
With the implementation of the US Department of Agriculture’s (USDA) Strengthening Organic Enforcement (SOE) rule, electronic import certificates will be required for all imported organic products entering the US, regardless of their origin or how they are packaged. SOE also requires certification of all exporters and importers of organic products.
What does this mean for exporters who are sending organic products to the US?
Organic exporters shipping to the US must be certified by a certifying agent accredited by the USDA or a foreign certifying agent authorized under an organic trade arrangement. Exporters must also provide export data to the Exporter’s Certifier for NOP Import Certificates for the organic products to be issued.
What about the US Importers of organic products?
Organic Importers to the US must be certified by a certifying agent accredited by the USDA and listed in NOP’s Organic Integrity Database. Importers must obtain NOP Import Certificates from their Organic Exporters.
Additionally, organic products exported to the US must be identified and marked as organic on all import documents, including but not limited to invoices, packing lists, and bills of lading. Exporters must provide the issued NOP Import Certificate to the Organic Importer so that the importer’s Customs Broker can include this information in the customs declaration.
What happens if neither I nor my suppliers overseas have been certified as an importer or exporter, or either party is in the process of getting certified?
Provided the Foreign Exporter provides the importer with an NOP Import Certificate for a pending shipment, your customs broker can process an NOP Import Certificate number, the weight, and the Lot number, if available. Importers, however, need to be certified, but USDA says they will exercise discretion initially with importers taking steps to get certified.
How can one verify that a party is certified to either import or export organic products?
The USDA NOP has set up the Organic Integrity Database which can be accessed online. This database enables users to search for importers, exporters, and certification agents.
How do I identify an electronic NOP Import Certificate? Do I have to provide a copy to my customs broker?
The electronic import certificate generated in the Integrity Database has 21 characters (19 numbers and 2 dashes: NNN-NNNNNNNNN-NNNNNN).
While the importer is required to retain a copy of the certificate, it is not required for the Customs Broker. Part of the organic certification process for importers is a yearly audit by their certifier, and they may need to produce a copy of the certificate if requested. However, the importer must provide the NOP Import Certificate number to their customs broker to include it in the customs declaration. This can be accomplished by sending a copy of the certificate or documenting the information in another format.
Are there countries that do not issue electronic NOP Import Certificates?
Several countries may issue a paper certificate as they have been identified as an organic-equivalent country, including the EU, Israel, Japan, New Zealand, South Korea, Switzerland, and Taiwan. Import certificates from these countries will display either four (4) or five (5) characters.
Is the NOP Import Certificate required if a product states “organic,” but not “certified organic”?
All agricultural processed products, crops, and livestock that say “organic” or “made with organic” on the principal display panel must have a NOP Certificate. If the products are indicated on the commercial invoice as “organic” but an import NOP certificate is not provided, the shipment may not be “certified” organic. If it is not “certified organic” it cannot be sold as such and will therefore need to be relabeled removing the “organic” information at the importer’s expense.
Products cannot be labeled and sold as “organic” if they have not been certified by the USDA (even if the “USDA-certified” seal is not displayed on the product). The foreign exporter or US importer cannot avoid the NOP Certificate requirement by using just the word “organic” without specifying that it is “certified.”
Additionally, there is no exemption for products that fall under the De Minimis rule (i.e., valued under $800) and therefore must be declared to USDA NOP.
Where can I find more information about the new Organics rule and the USDA program on strengthening organic enforcement (SOE)?
The USDA has done several outreach sessions and has updated its website to include a section dedicated to the SOE rule (Strengthening Organic Enforcement (USDA.gov)).
Likewise, the USDA NOP has set up an email address (integrity@usda.gov) for any questions that may arise from importers or exporters.
If you have any questions regarding the new National Organics Program rule that takes effect, please feel free to contact Alba for further information. Contact Us
–
