NOP : Significant new enforcement regulations are coming soon for the National Organic Program.

That was the message from Jennifer Tucker, deputy administrator of the U.S. Department of
Agriculture’s NOP, who spoke Jan. 10 at The Packer’s Global Organic Produce Expo.
“The rule will be a game-changer,” Tucker said.
The “Strengthening Enforcement Rule,” now being reviewed by the Office of Management
and Budget, particularly applies to uncertified handlers and to importers, Tucker said. The
rule is expected to be published soon, Tucker said, and will have a 60-day comment period.
Tucker said the proposed rule will create:
Increased accountability and visibility;
Fewer exemptions with increased handler certifications;
A requirement for all imports to have certificates; and
Enhanced oversight of accreditation and certification.
“The goal is to transform the organic regulations to meet marketing needs,” Tucker said.
“We want to do very targeted actions that impact high-risk areas to increase accountability
and visibility.”
A big part of the rule, she said, will be to allow fewer exemptions, which will increase the
number of handler certifications.
Currently, handlers who deal with packaged organic products, or are brokers, don’t need to
be certified. Tucker said that is going to change.
Congress has asked the USDA to close the loophole of uncertified handlers and mandate
electronic certificates for all imports, she said.
“Customs and Border Protection is at this very moment programming the organic import
certificate into their automated commercial environment,” Tucker said. “There will now be
a mechanism (on the Automated Export System) to identify your products as organic and
they will have to be accompanied by an import certificate once the rule is final.”
Tucker said the technology is being developed by Customs and Border Protection to produce
import certificates in a way that won’t delay trade.
“We care about shipments moving across the border and we will not slow down that
process,” she said.
While CBP will own the automated system that produces the certificates, Tucker said USDA
will have access to the import certificate data for decisions and actions on investigations
and risk-based surveillance.
“We are going to be doing pilot testing this year when CBP finishes building the import
certificate (software),” she said.
The proposed regulation also will address unannounced inspections and inspector training
and tighten the rule on non-retail labeling. The rule also seeks to standardize organic
certificates and modify requirements for information sharing by certifiers, Tucker said.