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Issues: Growing and Production

PMA Overview: Organic Produce

While consumer demand for organic produce, indeed all organic foods, continues to build, national certification standards are in a time of transition. In the past, varying state regulations ruled the production and handling of organic foods. In 1990, Congress passed a law calling for national standards for organics, the Organics Food Production Act of 1990, to facilitate commerce and to assure consumers that those products meet consistent standards.

In December 1997, the U.S. Department of Agriculture (USDA) proposed a new National Organic Program (NOP) and solicited comments on the proposal. After reviewing the comments received (more than 275,000), in March 2000 the USDA issued a revised proposal, followed by a 90-day comment period. An additional 40,774 comments were received, many of which were incorporated into the final rule, which was published in the Federal Register on December 20, 2000. The final rule is available from USDA at the NOP web site.

What's in the final rule?

• Production and handling requirements, which address organic crop production, wild crop harvesting, organic livestock management, and processing and handling of organic agricultural products.
• The National List of Allowed Synthetic and Prohibited Non-Synthetic Substances is also included.
• Labeling requirements for organic products, along with compliance, testing, fee, and state program approval requirements.
• Certification and record-keeping requirements.
• Accreditation requirements for receiving and maintaining accreditation, as well as requirements for foreign accreditation.
• Other administrative functions of the NOP, which include evaluation of foreign organic certification programs.

What has changed in the new NOP final rule?

• The minimum percentage of organic ingredients in products labeled "Made with Organic Ingredients" increased from 50% to 70%.
• The pesticide residue compliance threshold was set as no more than 5% of the Environmental Protection Agency's pesticide residue tolerance.
• Wine containing sulfites is now allowed to be labeled "Made with Organic Grapes."
• The burden on small farmers is minimized through a change in the composting standards.
• It makes clear that the use of ionizing radiation, sewage sludge, and excluded methods are prohibited throughout organic production and handling.
• A peer review process is established that will annually evaluate the NOP's accreditation and decisions and adherence to accreditation procedures.
• Commercial availability provisions were added that require handlers to use organic ingredients in "organic" products whenever possible.
• The exact percentage of organic content of the product may not be designated by handlers on their principal display panel.

When is the rule effective?

This final rule became effective 60 days after its December 20, 2000 publication in the Federal Register and will be fully implemented on October 21, 2002. From October 21, 2002, all agricultural products that are sold, labeled, or represented as organic must be in compliance with these regulations. The USDA Seal may not be affixed to any "100 percent organic," or "organic," product until this date. Farms and handling operations that sell less than $5,000 annually of organic agricultural products are exempt from certification. These producers and handlers, while exempt from certification and the preparation of an organic plan, must comply with all other national standards for organic products and may label their products as organic.

Why do we need a national rule?

This final rule on organics from USDA sends a clear message to consumers about what "organic" really means. It eliminates the confusion caused by the former patchwork of state rules, and it makes it far easier for retail stores and farmers to market and promote organically grown fruits and vegetables to the public.

PMA supported this rule, and we're glad to see it published. The produce industry believes in offering consumers a choice, and many stores offer both organically grown and conventionally produced fresh fruits and vegetables. Organic and conventionally produced produce are equally safe and nutritious, and we're pleased the government has specifically stated that.

All fresh fruits and vegetables are safe for both adults and children — those produced organically and conventionally. Leading health authorities, including the National Cancer Institute, American Cancer Society, U.S. Surgeon General, and American Heart Association, encourage everyone to eat five or more servings of fruits and vegetables each day for better health. These experts have taken pesticide residues into account when making these recommendations.

This is important because even with these new rules, "organic" does not mean "grown without pesticides." The rules allow a variety of organic pesticides to be used on organically grown crops. The difference is that they are organic pesticides, not synthetic pesticides; nonetheless they are pesticides and can leave residues on the produce. (A few synthetic pesticides are allowed on organic produce as well.)

Health experts routinely advise us to wash our fruits and vegetables under clear drinking water before eating. In fact, many pesticides are water soluble and can be washed off under running water. These efforts also remove dirt and bacteria. Although minuscule amounts of pesticide residues may, in fact, remain, credible scientific evidence indicates they represent no risk.

PMA Member Organic Briefings & Resources

• PMA Fact Sheet on Organic Produce — Learn about industry and consumer trends in organics with this PMA Information Resource Center service.
• USDA Report: Market-Led Growth vs. Government-Facilitated Growth: Development of the U.S. and EU Organic Agricultural Sectors —This report compares EU and U.S. organic agriculture policy and examines the organic sectors in the two regions.