As the implementation date for the new Organics rules by the Agricultural Marketing Service (AMS) approaches on March 19, 2024, there is widespread confusion and uncertainty within the trade. AMS is set to initiate a soft enforcement approach initially, making it crucial for importers to take proactive steps in preparation.
In the coming weeks, the Regulatory Agencies Committee (RAC) aims to offer valuable insights and tips to assist both trade professionals and importer clients in comprehending the intricacies of the National Organic Program (NOP).
Understanding Certification Requirements
The expansion of certification requirements within the supply chain will impact various businesses. While most growers are already certified under the existing organics program, the new regulation, effective March 19, necessitates certification for:
- U.S. importers
- Foreign exporters
- Processors of organic products
- Operations involved in packaging organic products
- Others handling organic products, such as food brokers or sellers
Notably, customs brokers, logistics brokers, warehouses exclusively receiving and storing sealed organic containers, and brick-and-mortar retailers are exempt from certification. The AMS Primer provides a helpful resource to determine who requires certification.
Steps to Certification
To become certified, importer clients and other stakeholders in the supply chain should promptly identify a USDA-approved certifier using the available tool. Certification is a detailed process, requiring a thorough review of the rule and an understanding of specific responsibilities based on the applicant’s role.
For instance, having an Organic System Plan, incorporating procedures for product and supplier verification, and maintaining audit trail documentation are essential criteria. A self-assessment tool, like the one employed by certain certifiers, can provide an overview of the necessary criteria.
The Role of NOP Import Certificate
The NOP Import Certificate, a transaction certificate detailing product quantity and origin, plays a crucial role in the import process. Foreign exporters request the certificate from a certifier, who reviews and issues it in the USDA Integrity Database. The U.S. importer or customs broker then enters the unique NOP Import Certificate number into the U.S. Customs and Border Patrol (CBP) Automated Commercial Environment (ACE) system.
While the physical certificate doesn’t have to accompany the shipment, the ACE system associates the certificate data with the shipment, ensuring seamless integration.
Responsibilities and Timeframes
Importers and foreign exporters have specific responsibilities related to the NOP Import Certificate. Importers must ensure accurate certificate data accompanies the import, and products are identified as organic in all relevant documents. Import documents should be maintained on-site and be available for inspection. Additionally, importers need to verify that the shipment remains free of prohibited substances or exposure to ionizing radiation since export.
Foreign exporters, on the other hand, are responsible for requesting the NOP Import Certificate, identifying products as organic in export documents, and verifying that the exported product hasn’t been exposed to prohibited substances or ionizing radiation during its movement across borders.
Understanding the nuances of certification and the NOP Import Certificate is crucial for smooth compliance with the new Organics rules.
