Earlier this year, the USDA rolled out the Strengthening Organic Enforcement (SOE) regulations, bringing a wave of significant changes to organic import requirements. Whether you’re an importer, exporter, or just curious about organic products, here’s a quick rundown of the key points you need to know.
End of the Grace Period
The unofficial USDA grace period for importers of organic products to seek certification has ended. As of today, September 20, 2024, exporters without a certified importer listed on their NOP Import Certificate (NOP-IC) will no longer be able to ship to those importers.
Key Points for NOP-IC
Commercial Shipments: NOP-ICs are required for all commercial shipments of organic goods into the United States, with very few exceptions. However, direct-to-consumer goods shipped via postal service do not require an NOP-IC.
Receiver: When requesting or reviewing an NOP-IC, ensure the “receiver” line refers to the importer of record. The “receiver” may not necessarily be the final receiver of the shipment.
Imports from India: Shipments from India must have an NOP-IC and be accompanied by an NPOP (India’s National Program for Organic Production) “TraceNet” Transaction Certificate (TC). In other words, for each shipment from India, you should receive both an NOP-IC and a TraceNet TC.
Responsibilities of Exporters
- Issuance of NOP-IC: NOP-ICs are issued by the certifier of the exporter of the goods. Exporters are responsible for requesting the NOP-IC from their certification body.
- Timing: The NOP-IC must be issued before the shipment leaves the point of export and must travel with the shipment.
- Providing Copies to Importer: A copy of the NOP-IC must be provided to the importer of record so they can appropriately declare the shipment as organic in Customs and Border Protection’s Automated Commercial Environment (ACE) system.
Immediate Actions for Uncertified Importers
Importers and other uncertified handlers of organic products who are not currently certified organic should immediately suspend their sales and handling of organic goods and seek certification. The USDA and Customs and Border Protection will begin enforcement action against uncertified entities in the supply chain, which may include fines, re-export of ineligible products, or re-labeling of organic products as conventional.
Resources
Imports Section of the NOP’s SOE FAQ
About the NOP Import Certificates
Examples
NOP Import Certificate TraceNet TC
