Notes on 7 CFR Part 205: National Organic Program

Overview:

• The National Organic Program (NOP) regulates organic production and handling.
• Enforced under the Organic Foods Production Act of 1990.

Subpart A - Definitions:

• Accreditation: Authorization by the Secretary for certification.
• Act: Organic Foods Production Act of 1990.
• Agricultural Product: Includes any commodity for consumption by humans or livestock.
• Allowed Synthetic: Substances allowed for use in organic production.
• Buffer Zone: Area separating organic and non-organic fields to prevent contamination.
• Compost: Decomposed plant/animal material used to enrich soil.
• Inspection: Evaluation of organic compliance.

Subpart B - Applicability:

• 205.100: Certification required for operations claiming to sell organic products.
• Exemptions: Some small operations or brokers are exempt from certification but must follow organic standards.
• 205.102: Criteria for using the term "organic" on products.

Subpart C - Organic Production and Handling Requirements:

• 205.200: Organic practices must maintain or improve natural resources like soil and water.
• 205.201: Requirement for an organic system plan, detailing production practices.
• 205.202: Land must be organic for 3 years before organic production.
• 205.203: Soil fertility must be managed to prevent contamination.
• 205.205: Crop rotation required for soil health and pest management.
• 205.236: Livestock must be under continuous organic management.
• 205.237: Livestock feed must be organic.
• 205.238: Livestock must have preventive health care.

Subpart D - Labels, Labeling, and Market Information:

• 205.300: "Organic" labeling restricted to compliant products.
• 205.301: Definitions of "100% organic," "organic," and "made with organic ingredients."

Subpart E - Certification:

• 205.400: Requirements for maintaining organic certification.
• 205.401: Application process for organic certification.
• 205.402: Review process of certification applications.
• 205.403: On-site inspections are required for certification.
• 205.405: Denial of certification process.

Subpart F - Accreditation of Certifying Agents:

• 205.500: Accreditation is needed to certify organic operations.
• 205.501: Requirements for certifying agents, including conflict of interest policies.
• 205.504: Evidence of expertise required for certifying agents.

Subpart G - National List of Allowed and Prohibited Substances:

• 205.600: Criteria for evaluating substances for organic production.
• 205.601: Allowed synthetic substances.
• 205.602: Prohibited nonsynthetic substances.

State Organic Programs:

• States can have additional organic certification programs.
• Programs must comply with federal standards and be approved by the Secretary.

Compliance:

• 205.660: NOP's authority to inspect and enforce compliance.
• 205.662: Procedures for addressing noncompliance.
• 205.663: Mediation process for disputes.

Fees:

• 205.640: Fees for accreditation must reflect the cost of services.
• 205.641: Procedures for payment of fees.

Adverse Actions and Appeals:

• 205.680: Appeals process for adverse actions.
• 205.681: Specifics on how appeals are conducted and reviewed.

Miscellaneous:

• 205.690: OMB control number for information collection.
• 205.691: Severability clause ensuring the rest of the regulations remain in effect if part is invalidated.