The USDA's National Organic Program will implement 2 amendments this March, known as the Strengthening Organic Enforcement (SOE) and the Organic Livestock and Poultry Standards Rule (OLPS). These amendments are designed to increase transparency in organic certification by targeting fraud and increasing consumer confidence.
“Protecting and growing the organic sector and the trusted USDA organic seal is a key part of the USDA Food Systems Transformation initiative,” said Under Secretary for Marketing and Regulatory Programs Jenny Lester Moffitt. “The Strengthening Organic Enforcement rule is the biggest update to the organic regulations since the original Act in 1990, providing a significant increase in oversight and enforcement authority to reinforce the trust of consumers, farmers, and those transitioning to organic production. This success is another demonstration that USDA fully stands behind the organic brand.”
What does SOE do?
SOE protects organic integrity and bolsters farmer and consumer confidence in the USDA organic seal by supporting strong organic control systems, improving farm to market traceability, increasing import oversight authority, and providing robust enforcement of the organic regulations. Key updates include:
Requiring certification of more of the businesses, like brokers and traders, at critical links in organic supply chains.
Requiring NOP Import Certificates for all organic imports.
Requiring organic identification on nonretail containers.
Increasing authority for more rigorous on-site inspections of certified operations.
Requiring uniform qualification and training standards for organic inspectors and certifying agent personnel.
Requires standardized certificates of organic operation.
Requires additional and more frequent reporting of data on certified operations.
Creates authority for more robust recordkeeping, traceability practices, and fraud prevention procedures.
Specify certification requirements for producer groups.
SOE complements and supports the many actions that USDA takes to protect the organic label, including the registration of the USDA organic seal trademark with the USPTO. The registered trademark provides authority to deter uncertified entities from falsely using the seal, which together with this new rule provides additional layers of protection to the USDA organic seal. Effective date March 20, 2023.
What does OLPS do?
OLPS improves uniformity with regard to animal welfare practice requirements for organic livestock and poultry, promoting their well-being and natural behaviors.
The final rule outlines more consistent standards for six key areas, including:
Outdoor space requirements: OLPS sets minimum outdoor space requirements for organic poultry and requires ready access to the outdoors. Outdoor areas must be at least 75 percent soil and include vegetation to the degree possible.
Indoor and outdoor living conditions: Shelters must have sufficient space for livestock to lie down, stand up, turn around, fully stretch their limbs or wings and express natural behaviors, such as rooting in pigs and scratching in chickens. Bedding areas must be sufficiently large and comfortable to keep livestock hygienic (for the species), dry and free of lesions.
Poultry stocking densities: The rule sets specific requirements for indoor and outdoor stocking densities to align with advisory board recommendations, third-party animal welfare standards and public comments from organic stakeholders.
Preventative health care practices: Producers must maintain preventative health care practices that include sufficient nutrition and comprehensive parasite prevention plans. Animals must be treated with allowed medicines to minimize pain, stress and suffering. All necessary treatment must be administered, even if the animal loses its organic status.
Physical alterations and euthanasia: Physical alterations are permitted only for identification purposes or the safety of the animals, and certain alterations are prohibited altogether. Alterations must be performed at a young age for the species and in a manner that minimizes the animal’s pain and stress. Humane euthanasia may only be used if treatment is not an option.
Transport, handling and slaughter: Operations must describe how organic management and animal welfare will be maintained for transport that exceeds eight hours. Animals must be fit for transport. The mode of transport must be seasonally appropriate to protect livestock from cold or heat. Operations must adhere to USDA (FSIS) humane slaughter standards.
In partnership with USDA-accredited certifiers, USDA’s National Organic Program will oversee the implementation of and enforce compliance with these new, more consistent standards to support the growth of the organic market.
Implementing OLPS will give organic livestock and poultry farmers, ranchers and businesses - including those interested in transitioning to organic - more opportunities to compete fairly in the market. The rule supports ongoing consumer confidence and trust in the USDA organic seal by better aligning the organic standards with consumers’ expectations for animal welfare. Many consumers are willing to pay a premium for organic livestock products, particularly for the organic chicken, egg and meat industry. By increasing consumer trust in the organic label by aligning the organic standard with consumers’ animal welfare preferences, USDA is helping to deliver greater value to producers, and creating a fairer, more competitive and transparent food system.
