Organic Standards for Handling (Processing): Highlights of the USDA's National Organic Program Regulations

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Organic Standards for Handling (Processing): Highlights of the USDA's National Organic Program Regulations

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  • 1. Organic Standards for Handling (Processing)ATTRA Highlights of the USDA’s National Organic Program Regulations A Publication of ATTRA - National Sustainable Agriculture Information Service • 1-800-346-9140 • www.attra.ncat.orgBy Ann H. Baier This collection of excerpts from the U.S. Department of Agriculture’s National Organic Program providesNCAT Agriculture the reader with key standards relevant to handlers of organic crops. This publication should be usedSpecialist together with excerpts for all certified organic operations, livestock production and crop production,© 2008 NCAT as applicable.Contents Highlights of the USDA’s National Organic Program Regulations include key standards for:Introduction .............................1 1) All certified organic operationsExcerpts.......................................2 2) Crop production Organic handling ...............2 Facility 3) Livestock production pest management .............3 4) Handling (including processing) Contact with prohibited Please use this publication in combination with the ATTRA publication Organic Standards for All substance prevention ........4 Organic Operations, and others, if relevant to your organic operations. Use of the term “organic” .................................4 Product composition .........4 Calculating percentage of organically produced Introduction This set of excerpts should also not be used T ingredients ............................5 as a substitute for verifying points of com- his publication provides easy refer- Packaged products pliance for organic production and handling labeled “100% organic” ence to the standards relevant to han- or “organic”.............................6 activities with an accredited organic certi- dlers of organic products. This set of Packaged products fier. For a list of certifiers, click on Certifiers labeled “made with excerpts from the USDA’s National Organic organic…”...............................7 under “I Want Information On” in the NOP Program Final Rule contains the general Multi-ingredient Web site index (above). packaged products ............8 requirements for handling (including pro- Labeling livestock feed .....8 cessing) organic products, including facil- Labeling non-retail Using this guide: containers ..............................8 ity pest management, prevention of com- Ag products represented mingling and contamination, lists of allowed This is a collection of verbatim excerpts from as “100% organic” and prohibited agricultural and non-agricul- key parts of the National Organic Program’s or “organic”.............................9 Ag products tural materials, product composition, label- Final Rule. Organic regulations are found represented as “made with organic…” ......9 ing and use of the term “organic.” While under the USDA’s Agricultural Marketing Ag products produced this includes the key standards that directly Service 7 CFR Part 205. CFR stands for on an exempt or excluded operation ......... 10 address handling, it is not a complete col- Code of Federal Regulations. Part 205, the USDA Seal ........................... 10 lection of all the standards that organic han- National Organic Program, is found under Nonagricultural (non- dlers must comply with. It must be used in Title 7: Agriculture, one of 50 broad subject organic) substances allowed as ingredients ... 10 conjunction with standards for all organic areas that are subject to federal regulation. Non-organic ag products allowed operations and organic crop and livestock The Organic Foods Production Act was as ingredients .................... 12 production, as applicable. enacted under the 1990 Farm Bill. The Act, Selected terms defined .................... 14 This set of excerpts is not a substitute for as it is referred to in the text, authorizedATTRA—National Sustainable reading the entire set of standards. The creation of the USDA National Organic Pro-Agriculture Information Service regulatory texts of the National Organic Pro- gram to set national standards for the pro-is managed by the National Cen-ter for Appropriate Technology gram standards are available on USDA’s duction, handling and processing of organi-(NCAT) and is funded under a National Organic Program Web site, www. cally grown agricultural products. The NOPgrant from the United StatesDepartment of Agriculture’s Rural To view the produc- oversees mandatory certification of organicBusiness-Cooperative Service.Visit the NCAT Web site (www. tion and handling standards, click on “Reg- production. Producers who meet NOP ulations” under General Information. Under dards may label their products as “USDAphp) for more informa-tion on our sustainable Regulatory Text, click on “Electronic Code Certified Organic.” The subparts referenceagriculture projects. of Federal Regulations.” organization levels in each excerpt.
  • 2. The following sections of Part 205 of the • § 205.311 USDA Seal National Organic Program are excerpted below: The National List of Allowed and Prohibited Substances • § 205.270 Organic handling • § 205.605 Nonagricultural (non- requirements organic) substances allowed as ingre- • § 205.271 Facility pest management dients in or on processed products practice standard labeled as “organic” or “made with • § 205.272 Commingling and contact organic (specified ingredients or food with prohibited substance prevention groups)” practice standard • § 205.606 Non-organically produced agricultural products allowed as Subpart D—Labels, labeling and market ingredients in or on processed prod- information ucts labeled as “organic” or “made • § 205.300 Use of the term “organic” with organic (specified ingredients or • § 205.301 Product composition food groups)” • § 205.302 Calculating the percentage • § 205.2 Terms defined [selected of organically produced ingredients terms for handling operations] • § 205.303 Packaged products labeled “100-percent organic” or “organic” Note: e-CFR Data used in this publication is cur- • § 205.304 Packaged products labeled rent as of July 23, 2008. “made with organic (specified ingredi- Amendment dates are noted at the end of ents or food groups)” certain sections, such as Defined terms, the • § 205.305 Multi-ingredient packaged National List and also in some aspects of live- stock production. Changes may be the result of products with less than 70 percent legal actions, petitions to add or remove materi- organically produced ingredients als or technical corrections. Most other sections • § 205.306 Labeling of livestock feed of the Rule have not changed since their original version. To find the most current version avail- • § 205.307 Labeling of non-retail con- able, please go the electronic code of federal tainers used for only shipping or stor- regulations. See instructions in paragraph two age of raw or processed agricultural of the Introduction. products labeled as “100-percent organic,” “organic” or “made with organic (specified ingredients or food Excerpts groups)” § 205.270 Organic handling • § 205.308 Agricultural products in requirements other than packaged form at the point a) Mechanical or biological methods, of retail sale that are sold, labeled or including but not limited to cook- represented as “100-percent organic” ing, baking, curing, heating, drying, or “organic” mixing, grinding, churning, separat- • § 205.309 Agricultural products in ing, distilling, extracting, slaughter- other than packaged form at the point ing, cutting, fermenting, eviscerating, of retail sale that are sold, labeled or preserving, dehydrating, freezing, represented as “made with organic chilling or otherwise manufactur- (specified ingredients or food groups)” ing, and the packaging, canning, jar- • § 205.310 Agricultural products pro- ring or otherwise enclosing food in duced on an exempt or excluded a container may be used to process operation an organically produced agriculturalPage 2 ATTRA Organic Standards for Handling (Processing)
  • 3. product for the purpose of retarding (3) Management of environmental spoilage or otherwise preparing the factors, such as temperature, agricultural product for market. light, humidity, atmosphere and(b) Nonagricultural substances allowed air circulation to prevent pest under §205.605 and non-organically reproduction. produced agricultural products allowed (b) Pests may be controlled through: under §205.606 may be used: (1) Mechanical or physical controls (1) In or on a processed agricul- including but not limited to traps, tural product intended to be light or sound; or sold, labeled or represented (2) Lures and repellents using non- as “organic,” pursuant to synthetic or synthetic substances §205.301(b), if not commercially consistent with the National List. available in organic form. (c) If the practices provided for in para- (2) In or on a processed agricul- graphs (a) and (b) of this section are tural product intended to be sold, not effective to prevent or control labeled or represented as “made pests, a non-synthetic or synthetic with organic (specified ingredi- substance consistent with the National ents or food groups),” pursuant to List may be applied. §205.301(c). (d) If the practices provided for in para-(c) The handler of an organic handling graphs (a), (b) and (c) of this section operation must not use in or on agri- are not effective to prevent or control cultural products intended to be sold, facility pests, a synthetic substance not labeled or represented as “100-per- on the National List may be applied, cent organic,” “organic” or “made provided that the handler and certi- with organic (specified ingredients or fying agent agree on the substance, food groups),” or in or on any ingredi- method of application and measures ents labeled as organic: to be taken to prevent contact of the (1) Practices prohibited under para- organically produced products or graphs (e) and (f) of §205.105. ingredients with the substance used. (2) A volatile synthetic solvent or (e) The handler of an organic handling other synthetic processing aid not operation who applies a non-syn- allowed under §205.605, except thetic or synthetic substance to pre- that non-organic ingredients in vent or control pests must update the products labeled “made with operation’s organic handling plan to organic (specified ingredients or reflect the use of such substances and food groups)” are not subject to methods of application. The updated this requirement. organic plan must include a list of all§ 205.271 Facility pest management measures taken to prevent contact ofpractice standard the organically produced products or ingredients with the substance used.(a) The producer or handler of an organic facility must use management prac- (f) Notwithstanding the practices pro- tices to prevent pests, including but vided for in paragraphs (a), (b), (c) not limited to: and (d) of this section, a handler may otherwise use substances to prevent or (1) Removal of pest habitat, food control pests as required by federal, sources and breeding areas; state or local laws and regulations, (2) Prevention of access to handling provided that measures are taken to facilities; and prevent contact of the ATTRA Page 3
  • 4. produced products or ingredients with (b) Products for export, produced and the substance used. certified to foreign national organic standards or foreign contract buyer § 205.272 Commingling and contact requirements, may be labeled in with prohibited substance prevention accordance with the organic labeling practice standard requirements of the receiving coun- a) The handler of an organic handling try or contract buyer, provided that operation must implement measures the shipping containers and shipping necessary to prevent the commingling documents meet the labeling require- of organic and non-organic products ments specified in §205.307(c). and protect organic products from (c) Products produced in a foreign coun- contact with prohibited substances. try and exported for sale in the United (b) The following are prohibited for use States must be certified pursuant to in the handling of any organically subpart E of this part and labeled produced agricultural product or pursuant to this subpart D. ingredient labeled in accordance with (d) Livestock feeds produced in accor- subpart D of this part: dance with the requirements of this (1) Packaging materials and storage part must be labeled in accordance containers or bins that contain a with the requirements of §205.306. synthetic fungicide, preservative § 205.301 Product composition or fumigant; (a) Products sold, labeled or represented (2) The use or reuse of any bag or as “100-percent organic” container that has been in con- tact with any substance in such A raw or processed agricultural prod- a manner as to compromise the uct sold labeled or represented as organic integrity of any organically “100-percent organic” must contain produced product or ingredient (by weight or fluid volume, excluding placed in those containers, unless water and salt) 100 percent organi- such reusable bag or container cally produced ingredients. If labeled has been thoroughly cleaned and as organically produced, such product poses no risk of contact of the must be labeled pursuant to §205.303. organically produced product (b) Products sold, labeled or represented or ingredient with the substance as “organic” used. A raw or processed agricultural prod- Subpart D—Labels, labeling and market uct sold, labeled or represented as information “organic” must contain (by weight or fluid volume, excluding water and salt) § 205.300 Use of the term “organic” not less than 95 percent organically (a) The term “organic” may only be produced raw or processed agricul- used on labels and in labeling of raw tural products. Any remaining prod- or processed agricultural products, uct ingredients must be organically including ingredients, that have been produced, unless not commercially produced and handled in accordance available in organic form, or must be with the regulations in this part. The nonagricultural substances or non- term “organic” may not be used in a organically produced agricultural product name to modify a non-organic products produced consistent with the ingredient in the product. National List in subpart G of this part.Page 4 ATTRA Organic Standards for Handling (Processing)
  • 5. If labeled as organically produced, not less than 100 percent organi- such product must be labeled pursu- cally produced raw or processed ant to §205.303. agricultural product.(c) Products sold, labeled or represented (2) A raw or processed livestock as “made with organic (specified feed product sold, labeled or rep- ingredients or food groups).” resented as “organic” must be produced in conformance with Multi-ingredient agricultural product §205.237. sold, labeled or represented as “made with organic (specified ingredients or (f) All products labeled as “100-percent food groups)” must contain (by weight organic” or “organic” and all ingre- or fluid volume, excluding water and dients identified as “organic” in the salt) at least 70 percent organically pro- ingredient statement of any product duced ingredients which are produced must not: and handled pursuant to require- (1) Be produced using excluded ments in subpart C of this part. No methods, pursuant to §201.105(e) ingredients may be produced using of this chapter; prohibited practices specified in para- graphs (f)(1), (2) and (3) of §205.301. (2) Be produced using sewage sludge, Non-organic ingredients may be pro- pursuant to §201.105(f) of this duced without regard to paragraphs chapter; (f)(4), (5), (6) and (7) of §205.301. (3) Be processed using ionizing radi- If labeled as containing organically ation, pursuant to §201.105(g) of produced ingredients or food groups, this chapter; such product must be labeled pursu- ant to §205.304. (4) Be processed using processing aids not approved on the National(d) Products with less than 70 percent List of Allowed and Prohibited organically produced ingredients. Substances in subpart G of this The organic ingredients in multi-ingre- part, except that products labeled dient agricultural product containing as “100-percent organic,” if pro- less than 70 percent organically pro- cessed, must be processed using duced ingredients (by weight or fluid organically produced processing volume, excluding water and salt) aids; must be produced and handled pur- (5) Contain sulfites, nitrates or nitrites suant to requirements in subpart C of added during the production or this part. The non-organic ingredients handling process, except that wine may be produced and handled without containing added sulfites may regard to the requirements of this part. be labeled “made with organic Multi-ingredient agricultural product grapes”; containing less than 70 percent organ- ically produced ingredients may repre- (6) Be produced using non-organic sent the organic nature of the product ingredients when organic ingredi- only as provided in §205.305. ents are available; or(e) Livestock feed (7) Include organic and non-organic forms of the same ingredient. (1) A raw or processed livestock feed product sold, labeled or repre- § 205.302 Calculating the percentage sented as “100-percent organic” of organically produced ingredients must contain (by weight or fluid (a) The percentage of all organically pro- volume, excluding water and salt) duced ingredients in an ATTRA Page 5
  • 6. product sold, labeled or represented § 205.303 Packaged products as “100-percent organic,” “organic” labeled “100-percent organic” or or “made with organic (specified “organic” ingredients or food groups)” or that (a) Agricultural products in packages include organic ingredients must be described in §205.301(a) and (b) calculated by: may display, on the principal display (1) Dividing the total net weight panel, information panel and any (excluding water and salt) of other panel of the package and on any combined organic ingredients at labeling or market information con- formulation by the total weight cerning the product, the following: (excluding water and salt) of the (1) The term “100-percent organic” finished product. or “organic” as applicable, to (2) Dividing the fluid volume of all modify the name of the product; organic ingredients (excluding (2) For products labeled “organic,” water and salt) by the fluid volume the percentage of organic ingre- of the finished product (exclud- dients in the product; (The size ing water and salt) if the product of the percentage statement must and ingredients are liquid. If the not exceed one-half the size of the liquid product is identified on the largest type size on the panel on principal display panel or informa- which the statement is displayed tion panel as being reconstituted and must appear in its entirety in from concentrates, the calculation the same type size, style and color should be made on the basis of sin- without highlighting.) gle-strength concentrations of the ingredients and finished product. (3) The term “organic” to identify the organic ingredients in multi-ingre- (3) For products containing organi- dient products labeled “100-per- cally produced ingredients in cent organic”; both solid and liquid form, divid- ing the combined weight of the (4) The USDA seal; and/or solid ingredients and the weight of (5) The seal, logo or other identify- the liquid ingredients (excluding ing mark of the certifying agent water and salt) by the total weight which certified the production or (excluding water and salt) of the handling operation producing the finished product. finished product and any other certifying agent which certified (b) The percentage of all organically pro- production or handling operations duced ingredients in an agricultural producing raw organic product product must be rounded down to the or organic ingredients used in the nearest whole number. finished product, provided that (c) The percentage must be determined the handler producing the finished by the handler who affixes the label product maintain records, pursu- on the consumer package and verified ant to this part, verifying organic by the certifying agent of the handler. certification of the operations pro- The handler may use information pro- ducing such ingredients, and pro- vided by the certified operation in vided further that such seals or determining the percentage. marks are not individuallyPage 6 ATTRA Organic Standards for Handling (Processing)
  • 7. displayed more prominently than meats, nuts, oils, poultry, the USDA seal. seeds, spices, sweeteners and(b) Agricultural products in packages vegetables or processed milk described in §205.301(a) and (b) must: products; and, provided fur- ther that all ingredients of (1) For products labeled “organic,” each listed food group in the identify each organic ingredient in product must be organically the ingredient statement with the produced; and word “organic” or with an asterisk or other reference mark which is (iii) Which appears in letters defined below the ingredient state- that do not exceed one-half ment to indicate the ingredient is the size of the largest type organically produced. Water or size on the panel and which salt included as ingredients cannot appears in its entirety in the be identified as organic. same type size, style and color without highlighting. (2) On the information panel, below the information identifying the han- (2) The percentage of organic ingre- dler or distributor of the product dients in the product. The size and preceded by the statement of the percentage statement must “Certified organic by * * *,” or not exceed one-half the size of the similar phrase, identify the name largest type size on the panel on of the certifying agent that certi- which the statement is displayed fied the handler of the finished and must appear in its entirety in product and may display the busi- the same type size, style and color ness address, Internet address or without highlighting. telephone number of the certifying (3) The seal, logo or other identifying agent in such label. mark of the certifying agent that§ 205.304 Packaged products certified the handler of the fin-labeled “made with organic (specified ished product.ingredients or food groups)” (b) Agricultural products in packages(a) Agricultural products in packages described in §205.301(c) must: described in §205.301(c) may display (1) In the ingredient statement, iden- on the principal display panel, infor- tify each organic ingredient with mation panel and any other panel and the word “organic” or with an on any labeling or market information asterisk or other reference mark concerning the product: which is defined below the ingre- (1) The statement: dient statement to indicate the ingredient is organically produced. (i) “Made with organic (specified Water or salt included as ingre- ingredients),” provided that dients cannot be identified as the statement does not list organic. more than three organically produced ingredients; or (2) On the information panel, below the information identifying the han- (ii) “Made with organic (speci- dler or distributor of the product fied food groups),” provided and preceded by the statement that the statement does not “Certified organic by * * *” or list more than three of the similar phrase, identify the name following food groups: beans, of the certifying agent that certified fish, fruits, grains, herbs, the handler of the finished product, ATTRA Page 7
  • 8. except that the business address, (2) The USDA seal; Internet address or telephone num- (3) The seal, logo or other identifying ber of the certifying agent may be mark of the certifying agent which included in such label. certified the production or han- (c) Agricultural products in packages dling operation producing the raw described in §205.301(c) must or processed organic ingredients not display the USDA seal. used in the finished product, pro- vided that such seals or marks are § 205.305 Multi-ingredient packaged not displayed more prominently products with less than 70 percent than the USDA seal; organically produced ingredients (4) The word “organic” or an asterisk (a) An agricultural product with less or other reference mark which is than 70 percent organically produced defined on the package to identify ingredients may only identify the ingredients that are organically organic content of the product by: produced. Water or salt included (1) Identifying each organically pro- as ingredients cannot be identi- duced ingredient in the ingredient fied as organic. statement with the word “organic” (b) Livestock feed products described in or with an asterisk or other refer- §205.301(e)(1) and (e)(2) must: ence mark which is defined below the ingredient statement to indi- (1) On the information panel, below cate the ingredient is organically the information identifying the produced, and handler or distributor of the prod- uct and preceded by the statement (2) If the organically produced ingredi- “Certified organic by * * *” or ents are identified in the ingredient similar phrase, display the name statement, displaying the product’s of the certifying agent that certi- percentage of organic contents on fied the handler of the finished the information panel. product. The business address, (b) Agricultural products with less than Internet address or telephone 70 percent organically produced number of the certifying agent ingredients must not display: may be included in such label. (1) The USDA seal; and (2) Comply with other federal agency or state feed labeling require- (2) Any certifying agent seal, logo or ments as applicable. other identifying mark which rep- resents organic certification of a § 205.307 Labeling of non-retail product or product ingredients. containers used for only shipping or storage of raw or processed agricul- § 205.306 Labeling of livestock feed tural products labeled as “100-per- (a) Livestock feed products described in cent organic,” “organic” or “made §205.301(e)(1) and (e)(2) may display with organic (specified ingredients or on any package panel the following food groups)” terms: (a) Non-retail containers used only to ship (1) The statement “100-percent or store raw or processed agricultural organic” or “organic,” as appli- product labeled as containing organic cable, to modify the name of the ingredients may display the following feed product; terms or marks:Page 8 ATTRA Organic Standards for Handling (Processing)
  • 9. (1) The name and contact informa- and display containers, provided that tion of the certifying agent which the term “organic” is used to identify certified the handler that assem- the organic ingredients listed in the bled the final product; ingredient statement. (2) Identification of the product as (b) If the product is prepared in a certi- organic; fied facility, the retail display, labeling (3) Special handling instructions and display containers may use: needed to maintain the organic (1) The USDA seal; and integrity of the product; (2) The seal, logo or other identify- (4) The USDA seal; ing mark of the certifying agent (5) The seal, logo or other identifying that certified the production or mark of the certifying agent that handling operation producing the certified the organic production or finished product and any other handling operation that produced certifying agent which certified or handled the finished product. operations producing raw organic product or organic ingredients(b) Non-retail containers used to ship or used in the finished product, pro- store raw or processed agricultural vided that such seals or marks are product labeled as containing organic not individually displayed more ingredients must display the production prominently than the USDA seal. lot number of the product if applicable. § 205.309 Agricultural products(c) Shipping containers of domestically in other than packaged form at the produced product labeled as organic point of retail sale that are sold, intended for export to international labeled or represented as “made with markets may be labeled in accordance organic (specified ingredients or food with any shipping container labeling groups)” requirements of the foreign country of destination or the container label- (a) Agricultural products in other than ing specifications of a foreign con- packaged form containing between 70 tract buyer, provided that the shipping and 95 percent organically produced containers and shipping documents ingredients may use the phrase “made accompanying such organic prod- with organic (specified ingredients or ucts are clearly marked “For Export food groups)” to modify the name of Only” and provided further that proof the product in retail display, labeling of such container marking and export and display containers. must be maintained by the handler (1) Such statement must not list more in accordance with recordkeeping than three organic ingredients or requirements for exempt and excluded food groups, and operations under §205.101. (2) In any such display of the prod-§ 205.308 Agricultural products uct’s ingredient statement, thein other than packaged form at the organic ingredients are identifiedpoint of retail sale that are sold, as “organic.”labeled or represented as “100-per- (b) If prepared in a certified facility, suchcent organic” or “organic” agricultural products labeled as “made(a) Agricultural products in other than with organic (specified ingredients or packaged form may use the term food groups)” in retail displays, display “100-percent organic” or “organic,” containers and market information may as applicable, to modify the name of display the certifying agent’s seal, logo the product in retail display, labeling or other identifying ATTRA Page 9
  • 10. § 205.310 Agricultural products paragraphs (a), (b), (e)(1) and (e)(2) of produced on an exempt or excluded §205.301. operation (b) The USDA seal must replicate the (a) An agricultural product organically form and design of the example in produced or handled on an exempt or Figure 1 and must be printed legibly excluded operation must not: and conspicuously: (1) Display the USDA seal or any cer- (1) On a white background with a tifying agent’s seal or other iden- brown outer circle and with the tifying mark which represents the term “USDA” in green overlaying a exempt or excluded operation as a white upper semicircle and with the certified organic operation, or term “organic” in white overlaying the green lower half circle; or (2) Be represented as a certified organic product or certified (2) On a white or transparent back- organic ingredient to any buyer. ground with black outer circle and black “USDA” on a white (b) An agricultural product organically or transparent upper half of the produced or handled on an exempt circle with a contrasting white or excluded operation may be identi- or transparent “organic” on the fied as an organic product or organic black lower half circle. ingredient in a multi-ingredient product produced by the exempt or (3) The green or black lower half cir- excluded operation. Such product or cle may have four light lines run- ingredient must not be identified or ning from left to right and disap- represented as “organic” in a product pearing at the point on the right processed by others. horizon to resemble a cultivated field. A downloadable image of (c) Such product is subject to require- the USDA seal is available as a ments specified in paragraph (a) PDF file on the NOP Web site. of §205.300 and paragraphs (f)(1) through (f)(7) of §205.301. The National List of Allowed and § 205.311 USDA Seal Prohibited Substances (a) The USDA seal described in para- § 205.605 Nonagricultural (non- graphs (b) and (c) of this section may organic) substances allowed as ingre- be used only for raw or processed dients in or on processed products agricultural products described in labeled as “organic” or “made with organic (specified ingredients or food groups)” The following nonagricultural substances may be used as ingredients in or on pro- cessed products labeled as “organic” or “made with organic (specified ingredients or food groups)” only in accordance with any restrictions specified in this section. (a) Non-synthetics allowed: Acids (Alginic; Citric—produced by microbial fermentation of carbohy- drate substances; and Lactic). Agar-agar. Figure 1. USDA Organic SealPage 10 ATTRA Organic Standards for Handling (Processing)
  • 11. Animal enzymes—(Rennet—animals liquor is prohibited (Autolysate; Bakers; derived; Catalase—bovine liver; Ani- Brewers; Nutritional and Smoked—non- mal lipase; Pancreatin; Pepsin; and synthetic smoke flavoring process must Trypsin). be documented). Bentonite. (b) Synthetics allowed: Calcium carbonate. Activated charcoal (CAS #s 7440–44– Calcium chloride. 0; 64365–11–3)—only from vegetative sources; for use only as a filtering aid. Calcium sulfate—mined. Carageenan. Alginates. Dairy cultures. Ammonium bicarbonate—for use only as a leavening agent. Diatomaceous earth—food filtering aid only. Ammonium carbonate—for use only as a leavening agent. Egg white lysozyme (CAS # 9001–63–2) Ascorbic acid. Calcium citrate. Enzymes—must be derived from edi- ble, nontoxic plants, nonpathogenic Calcium hydroxide. fungi or nonpathogenic bacteria. Calcium phosphates (monobasic, diba- Flavors, non-synthetic sources only sic and tribasic). and must not be produced using syn- Carbon dioxide. thetic solvents and carrier systems or any artificial preservative. Cellulose—for use in regenerative casings, as an anti-caking agent (non- Glucono delta-lactone—production by chlorine bleached) and filtering aid. the oxidation of D-glucose with bro- mine water is prohibited. Chlorine materials—disinfecting and sanitizing food contact surfaces, except Kaolin. that residual chlorine levels in the L-Malic acid (CAS # 97–67–6). water shall not exceed the maximum Magnesium sulfate, non-synthetic residual disinfectant limit under the sources only. Safe Drinking Water Act (Calcium hypochlorite; Chlorine dioxide and Microorganisms—any food grade bac- Sodium hypochlorite). teria, fungi and other microorganism. Cyclohexylamine (CAS # 108–91– Nitrogen—oil-free grades. 8)—for use only as a boiler water Oxygen—oil-free grades. additive for packaging sterilization. Perlite—for use only as a filter aid in Diethylaminoethanol (CAS # 100– food processing. 37–8)—for use only as a boiler water Potassium chloride. additive for packaging sterilization. Potassium iodide. Ethylene—allowed for postharvest rip- Sodium bicarbonate. ening of tropical fruit and degreening of citrus. Sodium carbonate. Ferrous sulfate—for iron enrichment Tartaric acid. or fortification of foods when required Waxes—non-synthetic (Carnauba wax by regulation or recommended (inde- and Wood resin). pendent organization). Yeast—non-synthetic, growth on pet- Glycerides (mono and di)—for use rochemical substrate and sulfite waste only in drum drying of ATTRA Page 11
  • 12. Glycerin—produced by hydrolysis of Potassium phosphate—for use only in fats and oils. agricultural products labeled “made Hydrogen peroxide. with organic (specific ingredients or food groups),” prohibited in agricul- Lecithin—bleached. tural products labeled “organic.” Magnesium carbonate—for use only in Silicon dioxide. agricultural products labeled “made with organic (specified ingredients or Sodium acid pyrophosphate (CAS # food groups),” prohibited in agricul- 7758–16–9)—for use only as a leav- tural products labeled “organic.” ening agent. Magnesium chloride—derived from Sodium citrate. sea water. Sodium hydroxide—prohibited for use Magnesium stearate—for use only in in lye peeling of fruits and vegetables. agricultural products labeled “made Sodium phosphates—for use only in with organic (specified ingredients or dairy foods. food groups),” prohibited in agricul- Sulfur dioxide—for use only in wine tural products labeled “organic.” labeled “made with organic grapes,” Nutrient vitamins and minerals, in provided that total sulfite concentra- accordance with 21 CFR 104.20, tion does not exceed 100 ppm. Nutritional Quality Guidelines For Tartaric acid. Foods. Tetrasodium pyrophosphate (CAS # Octadecylamine (CAS # 124–30–1)— for use only as a boiler water additive 7722–88–5)—for use only in meat for packaging sterilization. analog products. Ozone. Tocopherols—derived from vegetable oil when rosemary extracts are not a Pectin (low-methoxy). suitable alternative. Peracetic acid/Peroxyacetic acid (CAS Xanthan gum. # 79–21–0)—for use in wash and/or rinse water according to FDA limita- (c)–(z) [Reserved] tions. For use as a sanitizer on food [68 FR 61993, Oct. 31, 2003, as amended contact surfaces. as 68 FR 62217, Nov. 3, 2003; 71 FR Phosphoric acid—cleaning of food- 53302, Sept. 11, 2006; 72 FR 58473, contact surfaces and equipment only. Oct. 16, 2007] Potassium acid tartrate. § 205.606 Non-organically produced Potassium carbonate. agricultural products allowed as ingre- dients in or on processed products Potassium citrate. labeled as “organic” Potassium hydroxide—prohibited for Only the following non-organically pro- use in lye peeling of fruits and veg- duced agricultural products may be used etables except when used for peeling as ingredients in or on processed products peaches during the Individually Quick labeled as “organic” only in accordance Frozen (IQF) production process. with any restrictions specified in this sec- Potassium iodide—for use only in agri- tion and only when the product is not com- cultural products labeled “made with mercially available in organic form. organic (specified ingredients or food (a) Casings, from processed intestines. groups),” prohibited in agricultural products labeled “organic.” (b) Celery powder.Page 12 ATTRA Organic Standards for Handling (Processing)
  • 13. (c) Chia (Salvia hispanica L.). (13) Paprika color (CAS # 68917–78–(d) Colors derived from agricultural 2)—dried and oil extracted. products. (14) Pumpkin juice color (pigment (1) Annatto extract color (pigment CAS # 127–40–2). CAS # 1393–63–1)—water and (15) Purple potato juice (pigment CAS oil soluble. #s: 528–58–5, 528–53–0, 643– (2) Beet juice extract color (pigment 84–5, 134–01–0, 1429–30–7 CAS # 7659–95–2). and 134–04–3). (3) Beta-carotene extract color, (16) Red cabbage extract color (pig- derived from carrots (CAS # ment CAS #s: 528–58–5, 528– 1393–63–1). 53–0, 643–84–5, 134–01–0, 1429–30–7 and 134–04–3). (4) Black currant juice color (pigment CAS #s: 528–58–5, 528–53–0, (17) Red radish extract color (pigment 643–84–5, 134–01–0, 1429– CAS #s: 528–58–5, 528–53–0, 30–7 and 134–04–3). 643–84–5, 134–01–0, 1429– 30–7 and 134–04–3). (5) Black/purple carrot juice color (pigment CAS #s: 528–58–5, (18) Saffron extract color (pigment 528–53–0, 643–84–5, 134–01– CAS # 1393–63–1). 0, 1429–30–7 and 134–04–3). (19) Turmeric extract color (CAS # (6) Blueberry juice color (pigment 458–37–7). CAS #s: 528–58–5, 528–53–0, (e) Dillweed oil (CAS # 8006–75–5). 643–84–5, 134–01–0, 1429– 30–7 and 134–04–3). (f) Fish oil (Fatty acid CAS #s: 10417– 94–4, and 25167–62–8)—stabi- (7) Carrot juice color (pigment CAS # lized with organic ingredients or only 1393–63–1). with ingredients on the National List, (8) Cherry juice color (pigment CAS §205.605 and 205.606. #s: 528–58–5, 528–53–0, 643– (g) Fructooligosaccharides (CAS # 84–5, 134–01–0, 1429–30–7 308066–66–2). and 134–04–3). (h) Galangal, frozen. (9) Chokeberry—Aronia juice color (pigment CAS #s: 528–58–5, (i) Gelatin (CAS # 9000–70–8). 528–53–0, 643–84–5, 134–01– (j) Gums—water extracted only (Arabic; 0, 1429–30–7 and 134–04–3). Guar; Locust bean; and Carob bean). (10) Elderberry juice color (pigment (k) Hops (Humulus luplus). CAS #s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 1429– (l) Inulin—oligofructose enriched (CAS # 30–7 and 134–04–3). 9005–80–5). (11) Grape juice color (pigment CAS (m) Kelp—for use only as a thickener and #s: 528–58–5, 528–53–0, 643– dietary supplement. 84–5, 134–01–0, 1429–30–7 (n) Konjac flour (CAS # 37220–17–0). and 134–04–3). (o) Lecithin—unbleached. (12) Grape skin extract color (pigment (p) Lemongrass—frozen. CAS #s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 1429– (q) Orange shellac—unbleached (CAS # 30–7 and 134–04–3). 9000–59–3) ATTRA Page 13
  • 14. (r) Pectin (high-methoxy). with organic (specified ingredients)” or (s) Peppers (Chipotle chile). the organic ingredients of any agricultural product containing less than 70 percent (t) Starches. organic ingredients identified as organic in (1) Cornstarch (native). an ingredients statement. (2) Rice starch, unmodified (CAS # Bulk. The presentation to consumers at 977000–08–0)—for use in organic retail sale of an agricultural product in handling until June 21, 2009. unpackaged, loose form, enabling the consumer to determine the individual (3) Sweet potato starch—for bean pieces, amount or volume of the product thread production only. purchased. (u) Turkish bay leaves. Certification or certified. A determination (v) Wakame seaweed (Undaria made by a certifying agent that a produc- pinnatifida). tion or handling operation is in compliance (w) Whey protein concentrate. with the Act and the regulations in this part, which is documented by a certificate [72 FR 35140, June 27, 2007] of organic operation. § 205.2 Terms defined [selected Certified operation. A crop or livestock pro- terms for handling operations] duction, wild-crop harvesting or handling Act. The Organic Foods Production Act of operation or portion of such operation that 1990, as amended (7 U.S.C. 6501 et seq.). is certified by an accredited certifying agent as utilizing a system of organic production Action level. The limit at or above which or handling as described by the Act and the the Food and Drug Administration will take regulations in this part. legal action against a product to remove it from the market. Action levels are based Claims. Oral, written, implied or symbolic on unavoidability of the poisonous or del- representations, statements or advertising eterious substances and do not represent or other forms of communication presented permissible levels of contamination where to the public or buyers of agricultural prod- it is avoidable. ucts that relate to the organic certification process or the term “100-percent organic,” Agricultural product. Any agricultural “organic” or “made with organic (specified commodity or product, whether raw or ingredients or food groups)” or, in the case processed, including any commodity or of agricultural products containing less product derived from livestock, that is than 70 percent organic ingredients, the marketed in the United States for human term “organic” on the ingredients panel. or livestock consumption. Commercially available. The ability to Agricultural Marketing Service (AMS). obtain a production input in an appropriate The Agricultural Marketing Service of the form, quality or quantity to fulfill an essen- USDA. tial function in a system of organic produc- Allowed synthetic. A substance that is tion or handling, as determined by the cer- included on the National List of synthetic tifying agent in the course of reviewing the substances allowed for use in organic pro- organic plan. duction or handling. Commingling. Physical contact between Audit trail. Documentation that is sufficient unpackaged organically produced and non- to determine the source, transfer of owner- organically produced agricultural products ship and transportation of any agricultural during production, processing, transporta- product labeled as “100-percent organic,” tion, storage or handling, other than during the organic ingredients of any agricultural the manufacture of a multi-ingredient prod- product labeled as “organic” or “made uct containing both types of ingredients.Page 14 ATTRA Organic Standards for Handling (Processing)
  • 15. Excluded methods. A variety of methods Ingredients statement. The list of ingredi-used to genetically modify organisms or ents contained in a product shown in theirinfluence their growth and development by common and usual names in the descend-means that are not possible under natural ing order of predominance.conditions or processes and are not consid- Label. A display of written, printed orered compatible with organic production. graphic material on the immediate con-Such methods include cell fusion, microen- tainer of an agricultural product or any suchcapsulation and macroencapsulation and material affixed to any agricultural productrecombinant DNA technology (including or affixed to a bulk container containinggene deletion, gene doubling, introduc- an agricultural product, except for pack-ing a foreign gene and changing the posi- age liners or a display of written, printed ortions of genes when achieved by recombi- graphic material which contains only infor-nant DNA technology). Such methods do mation about the weight of the product.not include the use of traditional breeding,conjugation, fermentation, hybridization, in Labeling. All written, printed or graphicvitro fertilization or tissue culture. material accompanying an agricultural product at any time or written, printedHandle. To sell, process or package agri- or graphic material about the agriculturalcultural products, except such term shall product displayed at retail stores aboutnot include the sale, transportation or the of crops or livestock by the pro-ducer thereof to a handler. Lot. Any number of containers which con- tain an agricultural product of the sameHandler. Any person engaged in the busi- kind located in the same conveyance,ness of handling agricultural products, warehouse or packing house and which areincluding producers who handle crops or available for inspection at the same time.livestock of their own production, exceptsuch term shall not include final retailers Market information. Any written, printed,of agricultural products that do not process audiovisual or graphic information, includ-agricultural products. ing advertising, pamphlets, flyers, cata- logues, posters and signs, distributed,Handling operation. Any operation or por- broadcast or made available outside oftion of an operation (except final retailers retail outlets that are used to assist in theof agricultural products that do not process sale or promotion of a product.agricultural products) that receives or other-wise acquires agricultural products and pro- National List. A list of allowed and prohib-cesses, packages or stores such products. ited substances as provided for in the Act.Information panel. That part of the label Nonagricultural substance. A substanceof a packaged product that is immediately that is not a product of agriculture, suchcontiguous to and to the right of the princi- as a mineral or a bacterial culture, that ispal display panel as observed by an used as an ingredient in an agriculturalindividual facing the principal display product. For the purposes of this part, apanel, unless another section of the label nonagricultural ingredient also includesis designated as the information panel any substance, such as gums, citric acid orbecause of package size or other package pectin that is extracted from, isolated fromattributes (for example: irregular shape or a fraction of an agricultural product sowith one usable surface). that the identity of the agricultural product is unrecognizable in the extract, isolate orIngredient. Any substance used in the fraction.preparation of an agricultural productthat is still present in the final commercial Non-synthetic (natural). A substance thatproduct as consumed. is derived from mineral, plant or ATTRA Page 15
  • 16. matter and does not undergo a synthetic process as by a producer, handler or certifying agent to complydefined in section 6502(21) of the Act (7 U.S.C. with the Act and regulations in this part.6502(21)). For the purposes of this part, non-synthetic Retail food establishment. A restaurant, delicates-is used as a synonym for natural as the term is used in sen, bakery, grocery store or any retail outlet with anthe Act. in-store restaurant, delicatessen, bakery, salad bar orNon-retail container. Any container used for shipping other eat-in or carry-out service of processed or pre-or storage of an agricultural product that is not used in pared raw and ready-to-eat-food.the retail display or sale of the product. Split operation. An operation that produces or handlesNontoxic. Not known to cause any adverse physiological both organic and non-organic agricultural products.effects in animals, plants, humans or the environment. Synthetic. A substance that is formulated or manu-Organic. A labeling term that refers to an agricultural factured by a chemical process or by a process thatproduct produced in accordance with the Act and the chemically changes a substance extracted from nat-regulations in this part. urally occurring plant, animal or mineral sources,Principal display panel. That part of a label that is except that such term shall not apply to substancesmost likely to be displayed, presented, shown or exam- created by naturally occurring biological processes.ined under customary conditions of display for sale. [65 FR 80637, Dec. 21, 2000, as amended at 72 FRProcessing. Cooking, baking, curing, heating, dry- 70484, Dec. 12, 2007]ing, mixing, grinding, churning, separating, extracting,slaughtering, cutting, fermenting, distilling, eviscerat-ing, preserving, dehydrating, freezing, chilling or oth-erwise manufacturing and includes the packaging, can-ning, jarring or otherwise enclosing food in a container.Processing aid. (1) Substance that is added to a foodduring the processing of such food but is removed insome manner from the food before it is packaged in itsfinished form; (2) a substance that is added to a foodduring processing, is converted into constituents nor-mally present in the food and does not significantlyincrease the amount of the constituents naturallyfound in the food; and (3) a substance that is added toa food for its technical or functional effect in the pro-cessing but is present in the finished food at insignifi-cant levels and does not have any technical or func-tional effect in that food. Organic Standards for Handling (Processing):Producer. A person who engages in the business of Highlights of the USDA’s National Organicgrowing or producing food, fiber, feed and other agri- Program Regulationscultural-based consumer products. By Ann H. Baier NCAT Agriculture SpecialistProduction lot number/identifier. Identification of a © 2008 NCATproduct based on the production sequence of the prod- Holly Michels, Editoruct showing the date, time and place of production Robyn Metzger, Productionused for quality control purposes. This publication is available on the Web at:Prohibited substance. A substance the use of which in aspect of organic production or handling is pro- orhibited or not provided for in the Act or the regula- of this part. pdf IP333Records. Any information in written, visual or elec- Slot 330tronic form that documents the activities undertaken Version 112608Page 16 ATTRA