The NOP covers fresh and processed agricultural food products. The National Organic Program grew from fewer than twelve total employees in 2008 to approximately 37 in 2019. As of February 2019, it operates in three divisions in addition to the Office of Deputy Administrator: Standards, Accreditation and International Activities, and Compliance and Enforcement. The key activities of the National Organic Program are to:
Maintain the Organic Integrity Database, a listing of certified organic operations, and help new farmers and business learn how to get certified
Develop regulations and guidance on organic standards
Manage the National List of Allowed and Prohibited Substances
Accredit certifying agents to certify organic producers and handlers
Provide training to certifying agents, USDA staff, and other stakeholders
Engage and serve the organic community
Investigate alleged violations of the organic standards and bring violators to justice
Regulation
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 in 2000. It restricts the use of the term "organic" to certified organic producers. 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 wordorganic 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. 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. Misuse may also lead to the suspension or revocation of the violator's organic certificate.
USDA accredited certifying agents
As of 2019, there are 79 USDA accredited certifying agents. The NOP provides organic producers with resources to assist in becoming certified organic, including an organic program handbook, fact sheets, online training modules, and ways to identify accredited certifying agents.
International equivalency
Beginning in 2009, the US implemented an international organic equivalency agreement with Canada. In 2012 they implemented an agreement with the European Union, and in 2014 with Japan and Korea. Under these agreements, USDA-certified organic products do not need to meet a separate set of standards before being exported to the market, and vice versa, as equivalency agreements essentially imply that the two sets of standards are equivalent despite a few small differences and do not require any additional certification for the specific market. These agreements streamline certification requirements and increase access to new market opportunities, while maintaining organic integrity of the respective markets.
Support and assistance
The USDA Natural Resources Conservation Service Environmental Quality Incentives Organic Program provides financial and technical assistance to certain organic producers for implementing conservation practices.
