Consumers want to know what they’re purchasing, and many seek labels that claim food items are sustainable, fair trade or organic.

A common misconception about organic is consumers who purchase something that’s certified USDA organic and believe they’re getting a product that has never touched by a pesticide. Jackie Schweichler, staff attorney at the Center for Agricultural & Shale Law at Penn State, said that isn’t necessarily true.

Schweichler explained that the organic industry is the fastest growing segment of agriculture in the U.S. “As of 2021, sales of food and non-food organic products reached $57.5 billion,” she said. “There are more than 17,000 certified organic farms in the U.S.”

New York, Pennsylvania, North Carolina and Michigan are among the top 10 organic production states.

Organic production is highly regulated and involves specific practices and extensive recordkeeping. Organic products are produced with natural fertilizers, eco-friendly pest control and soil and water protection. No artificial coloring, flavoring or preservatives are allowed in organic packaged goods.

The Organic Food Production Act of 1990 was the start of certification uniformity. The act makes it possible for businesses to create an organic market and is the federal regulation for organic certification. The National Organic Standards Board (NOSB) makes recommendations for organic standards and the implementation process. The board includes 15 members who represent various aspects of organic production.

The most recognizable aspect of the act is the National Organic Program (NOP). “The National Organic Program began in 2000 and is administered by the Agricultural Marketing Service (AMS),” said Schweichler. “It certifies products that are organically produced.”

Prior to 2000, organic products were certified by private organizations that made their own rules with voluntary standards or based on state law.

Under the NOP, state officials or private persons can be accredited as organic certifying agents. Each state can have its own certification or producers, but state certification standards must be stricter than NOP standards.

“First, you have to submit an organic production handling plan to an accredited certifying agent,” said Schweichler. “The agent completes an onsite inspection and checks records. It isn’t free or cheap, but there are programs to help with costs.”

The handling plan includes a list of requirements farmers must meet. The written plan includes all practices and procedures and the frequency with which they will be performed. The plan describes each substance that will be used in production, establishes monitoring practices, outlines the producer’s record system and describes any practices or physical barriers used to prevent comingling of organic and non-organic products.

Several labels are defined under the NOP. One is “100% organic,” which means there are no prohibited substances used in the production of the product. “Organic” means at least 95% of ingredients are organic. The last is “made with organic ingredients,” which means at least 70% of the ingredients were organically produced. Products “made with organic ingredients” cannot use the organic seal.

Schweichler described organic management under the NOP. “Any parcel of land from which organic crops are to be harvested must have been properly managed,” she said. “Seed and planting stock have to be from organic sources, and there are organic standards for pest, weed and disease management. Organic farmers can use practices such as crop rotation and cover crops in order to maintain and improve soil health.”

Tillage and cultivation practices maintain or improve the physical, chemical and biological condition of soils and minimize soil erosion.

Organic farmers can use manure with certain restrictions. Manure used on certified organic land must be composted unless it’s applied to land that isn’t intended for crops for human consumption. Manure must be applied at least 90 to 120 days prior to harvest of the edible portion of the crop. Application of plant debris is allowable under organic standards. The use of biosolids is prohibited, but allowable synthetic substances are on the national list of approved substances.

Under the NOP, farmers cannot use GMO seeds; food manufacturing facilities cannot use any GMO ingredients in an organic food product. Penalties for GMOs in organics are strict – a farmer can lose certification and receive a fine. However, there are no specific tolerance levels for GMOs, so the presence of trace GMOs in a product doesn’t necessarily mean the farm is violating organic regulations. Violations are often accidental and may be due to water runoff, pesticide or herbicide drift or contaminated seed.

Schweichler suggested prospective organic farmers become familiar with NOP’s list of approved and prohibited substances. USDA allows the use of synthetic substances when they are not harmful to human health or the environment if synthetics are necessary for production, if there is no other natural substitute available and if the use of these substances is consistent with organic farming.

“One of the big problems for organic farmers is dealing with pests,” said Schweichler. “Control methods include primary mechanical and physical controls such as traps, lights and sound. If those methods don’t work, certain lures or repellents are allowed.” If synthetic substances are used, the organic handling plan must be updated.

The Strengthening Organic Enforcement Rule (SOE), implemented in March 2024, was developed to reduce fraud in organic markets and to strengthen oversight of organic production including producers, handlers and certifiers. The rule also improves USDA’s enforcement mechanisms.

Schweichler explained several programs for assistance in organic start-ups. “The Environmental Quality Incentives Program has funding,” she said. “EQIP funds the National Organic Initiative, which is administered by Natural Resources and Conservation Service, providing technical and financial assistance to farmers who are transitioning to organic.” Eligible farmers have organic certification through USDA or are in the process of transitioning.

The Organic Transition Initiative provides funding through two programs. The Organic Market Development Grant was funded with $75 million in May 2023 and supports new or existing organic markets, improves processing capacity, explores new technologies and purchases equipment.

The Transition to Organic Partnership (TOP) is funded with $100 million over five years. TOP provides nonprofit organizations with technical assistance and support for transitioning and existing organic farmers. “It connects mentor farmers with new farmers who are transitioning from conventional production,” said Schweichler. “It also provides support for technical, cultural or financial shifts.”

Organic farming isn’t easy but can be financially rewarding. Schweichler suggested farmers work closely with their certifying agency to ensure all NOP standards are being followed.

by Sally Colby