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USDA Finalizes National Organic Standards

At long last, on December 21, the USDA released the final version of the National Organic Program. As many of you may recall, The Organic Foods Production Act of 1990 required the USDA to develop national standards for organically produced agricultural products to assure consumers that products marketed as organic met consistent, uniform standards. In December of 1997 the USDA published its first draft of the proposed rule and received over 275,000 public comments, explaining how and why the rule should be rewritten. A revised proposal was published in March 2000. An additional 40,000 comments were received, many of which were incorporated into the final rule.
The final regulations are similar to most of the standards organic producers and handlers currently use, and are intended to be flexible enough to accommodate the wide range of operations and products grown and raised in the United States. Certification of organic products is handled by a state or private agency that has been accredited by the USDA.

What's in the final rule? The final regulation prohibits the use of genetic engineering, ionizing radiation and sewage sludge, and includes the following: production and handling requirements including the National List of Allowed Substances, accreditation requirements for receiving and maintaining accreditation, as well as requirements for foreign accreditation.

What changed in the final regulation? Among other things, the USDA increased the minimum percentage of organic ingredients in products labeled "Made with Organic Ingredients" from 50% to 70%, redesigned the USDA Organic Seal to minimize consumer confusion, and made clear that use of ionizing radiation, sewage sludge, and excluded methods (including genetic engineering) are prohibited throughout organic production and handling. Farms and handling operations that sell less that $5000 annually of organic agricultural products are exempt from certification, however they still must comply with all others national standards for organic products and may label their products as organic.

The final rule becomes effective 60 days after its publication in the Federal Register and will be fully implemented 18 months after its effective date. At that time all agricultural products that are sold, labeled or represented as organic must be in compliance with these regulations.

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