Enforcement is a vital part of the global organic control system. By law, organic certification and enforcement in the United States is a public-private partnership. The Agricultural Marketing Service (AMS) National Organic Program (NOP) accredits and oversees 80+ organizations, called certifiers. Certifiers verify and document the claims of more than 37,000 organic farms and businesses around the world.
Together, AMS and organic certifiers protect consumers by protecting the integrity of the USDA organic seal. This partnership creates a level playing field and a fair marketplace for farmers, ranchers, and food handlers. Our goal is to make sure all organic businesses are complying with the rules, and to remove the organic certification of those that will not or cannot comply.
Enforcement by Organic Certifiers
Certifiers enforce the USDA organic regulations by:
- Inspecting every certified organic farm and business at least annually
- Conducting unannounced and compliance inspections
- Collecting samples to analyze for pesticides and other prohibited substances
- Investigating alleged violations on behalf of USDA
- Issuing noncompliances notices to operations when violations are found
- Entering into settlement agreements with operations, with terms that correct outstanding violations and quickly bring the business into full compliance
- Suspending or revoking organic certification if organic businesses fail to comply with the rules. A suspended or revoked operation can’t sell, label, or represent its products as having been organically produced or handled.
Enforcement by AMS
AMS, through the NOP, also conducts enforcement activities. The NOP:
- Oversees certifiers, conducting regular audits of their certification activities
- Investigates hundreds of complaints submitted to the NOP each year
- Issues Notices of Warning and Cease and Desist Orders, and suspends and revokes certifiers and/or operators based on audit or investigation outcomes
- When evidence shows that a business has violated the regulations, or has represented products as organic without certification, NOP may levy financial penalties for each violation up to the amount set by Congress at 7 CFR 3.91(i)(b)(xxxvi)).
- Review NOP Enforcement Activity
- Access list of suspended and revoked farms and businesses. This list in the Organic Integrity Database includes currently suspended and revoked organic operations. A suspended or revoked operation can’t sell, label, or represent its products as having been organically produced or handled.
- Submit a complaint to the NOP. Do you have evidence that a farm or business is violating the organic regulations? Learn how to submit a complaint.
- Review fraudulent certificates. The NOP protects the organic trade and consumers by regularly posting fraudulent organic certificates.
- Access Certifier Accreditation Certificates and Audit Reports. In the Organic Integrity Database, click on any certifier’s name to open its certifier profile. On the right side of the screen, look for a link to the certifier’s most recent accreditation certificate and accreditation documents.
- Appeal an Adverse Action. Do you want to appeal an adverse action from a certifier or the NOP? Learn how to submit an appeal.
- Learn about the Joint U.S.-Mexico Organic Compliance Committee. USDA has initiated a Compliance Committee with Mexico to strengthen monitoring and enforcement controls on organic products traded between the two countries.