R48379 — Organic Agriculture Standards: Oversight and Enforcement

The National Organic Program (NOP) is a voluntary program administered by the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS). The Organic Food and Production Act of 1990 (OFPA), enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990 (1990 farm bill; P.L. 101-624 ), authorized the creation of NOP. Under NOP, agricultural products are produced and certified according to USDA organic regulations. For example, USDA organic certified products must be produced without the use of biotechnology, antibiotics, growth hormones, and many synthetic chemicals. Congress and other stakeholders have been concerned with enforcement of the organic regulations and organic certification fraud since the passage of OFPA. A stated goal of AMS is to “protect organic integrity” so that consumers can trust that a product with the USDA Organic label has been produced and handled according to NOP standards. AMS submits an annual report to Congress on the agency’s oversight actions and enforcement of NOP. The report includes information about complaints submitted to AMS regarding operations’ compliance with the organic regulations. The most common complaint received is that an uncertified operation is making organic claims or engaging in fraud. Organic fraud is defined in regulation as the deceptive representation, sale, or labeling of nonorganic agricultural products as organic (7 C.F.R. Part 205). AMS also reports on ongoing and closed investigations. Most cases are resolved by voluntary compliance with the organic regulations, such as by attaining organic certification. Other case outcomes include referrals to an outside partner for investigation, settlement agreements, and civil penalties. USDA organic regulations are enforced by AMS and USDA-accredited third-party certifying agents that are authorized to conduct inspections and investigations of operations. AMS receives and reviews complaints regarding potential violations of the organic regulations by operations and may initiate an investigation if the complaint falls within AMS’s jurisdiction. AMS may levy a civil penalty on the operation or refer an operation for criminal investigation. An operation’s certifying agent typically investigates complaints against the operation. If an operation is found to be noncompliant with the organic regulations, a certifying agent is authorized to suspend or revoke the operation’s certification. AMS oversees all certification activities of certifying agents. In some instances, an AMS investigation may reveal noncompliance by the certifying agent. The agent would be given an opportunity to comply; in the case of continued noncompliance, the agent’s accreditation may be suspended or revoked. AMS maintains a public database known as the Organic Integrity Database (OID). The OID identifies all certified organic operations, both foreign and domestic. The database contains current information on certified operations, such as their location, certification status, and the products for which they are certified. Certifying agents are required to maintain up-to-date, accurate information in the OID on the operations they certify. The OID is one resource used to inform USDA’s enforcement of the organic regulations, as the data entered by the certifying agent may determine if an operation has committed potential violations. Enforcement of the organic regulations has been addressed by USDA through independent actions and by Congress through legislation, including the Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334). The 2018 farm bill directed USDA to make changes to how the organic regulations are enforced, leading to publication of the final rule known as the “Strengthening Organic Enforcement” (SOE) rule. This rule, which became effective in March 2023, updated the organic regulations in the areas of enforcement and oversight. Issues of potential interest to Congress may include whether implementation of the SOE rule addresses congressional and other stakeholders’ concerns relating to enforcement of organic regulations. Some stakeholders, including some Members of Congress and USDA, have expressed concerns about challenges associated with implementation of and compliance with the new regulations. In debating the next farm bill, Congress may consider whether to require USDA to study the cost of enforcing organic standards on products not currently under the enforcement authority of NOP, such as dietary supplements.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• HR 9027 — Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Ac · 118th Cong
• HR 5973 — Continuous Improvement and Accountability in Organic Standards Act · 118th Cong
• S 5335 — Rural Prosperity and Food Security Act of 2024 · 118th Cong
• S 4690 — Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Ac · 118th Cong
• S 2131 — Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Ac · 118th Cong