What to know about Strengthening Organic Enforcement.
A new pack of amendments to the national organic standard were published in March 2023 that will affect many organic handlers. Strengthening Organic Enforcement does away with uncertified brands selling certified products in wholesale packaging AND it stops certified processors from purchasing organic ingredients from uncertified distributors. It also, among other things, requires all organic operations to have an organic fraud prevention plan. The amendments read like amendments, meaning mostly in long, confusing sentences that were somehow constructed by a human and not an AI in training. So we’ve put together this post on how to determine if the rule affects you.
Am I a handler?
You’re an organic handler if you are making finished products that are labeled organic. (if you are an organic farm making a simple product without any added ingredients from your produce, you probably aren’t considered a handler, just a grower).
Does this new rule affect me?
There are many parts of the amendments so we’re focusing on our two typical clients that are affected.
You make a certified organic product sold in non-retail and or permeable or possible-to-open packaging through a co-packer and don’t have your own organic certification with a handler scope. Maybe you are an organic grower who sends your organic tomatoes off to be turned into sauce, but you’ve never added a handler scope to your OSP. Or maybe you are an uncertified brand who works with an organic co-packer which previously allowed you to use the organic label without your own certification.
You are someone who makes a certified organic product and you purchase non-retail (as in packed for wholesale) organic ingredients from a vendor who is not certified organic, such as a distributor. In the past you were able to do this as long as you filed the necessary paperwork. Under the new rule, you can’t purchase from a non-organic vendor. Note: if you’re purchasing from a non-organic broker who never takes physical or legal possession of the product that’s okay.
Yup, it affects me. What do I do now?
Some possible changes that might apply to you:
If you are an uncertified brand, you might have to get your own certification.
If you are a certified grower who is working with a co-packer without your own handler scope, you might have to add a handler scope to your current certification.
If you purchase from a non-organic distributor, you’ll need to find a new source for that ingredient and update your Organic System Plan (or convince your distributor to get certified organic).
The Strengthening Organic Enforcement amendments are due to be enforced in March of 2024 and certifiers expect to see a flood of new organic applications in response. So best to act sooner rather than later if you can. If you want some more clarity, you can book a one-hour Strategy Session with Ellen and she’ll determine if the rule affects you and bullet point what in your operation will need to change in order to comply. From there you’ll have the information you need to implement changes internally or can choose to work with us to get you ready for this big shift.