Strengthening Organic Enforcement:
What You Need to Know
BY RON TANNER
T
he USDA has proposed the most sweeping
changes to organic regulations since the
Organic Production Act of 1990. These
modifications are needed due to the growth of the
organic market, from $3.4 billion in 1997 to $63
billion in 2021, according to the Organic Trade
Association. This has resulted in an increasingly
complex organic system, ranging from the soil to
farmers to packers to distributors to manufacturers
to retailers and consumers.
The purpose of the regulations is to maintain
the integrity of the organic system and reduce
organic fraud. Yet the regulations will have
significant impact on the specialty and natural food
industries and could have adverse consequences for
small and very small businesses.
The 53,000-plus word draft rule was published
in August 2020, with a 60-day comment period.
More than 1,500 comments were submitted by
consumers, industry, and associations, including
the Specialty Food Association. The USDA has not
yet responded to the comments, which would be
the next step before publishing a final rule.
Four Concepts of the Proposed Rule
The USDA is concerned about the integrity of
organics and the proliferation of fraud. In the
past 32 years, organic has attracted thousands
of companies that want to sell organic products
because they believe they are healthier for
consumers and the environment, but some that
are motivated by profits have compromised their
standards.
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SPECIALTY FOOD
MAKER
REGULATORY UPDATE