February 2023 | Volume 14, Issue 7

Read the full article on CNN.

According to the article, the U.S. Department of Agriculture is taking steps to improve the transparency and standards for products that are currently considered organic.

For the first time in more than 30 years, the USDA is increasing the regulation of organic products, including production, handling, and sales, and putting “layers of protection” around the agency’s organic seal.

“The Strengthening Organic Enforcement rule is the biggest update to the organic regulations since the original Act in 1990, providing a significant increase in oversight and enforcement authority to reinforce the trust of consumers, farmers, and those transitioning to organic production. This success is another demonstration that USDA fully stands behind the organic brand,” USDA Under Secretary for Marketing and Regulatory Programs Jenny Lester Moffitt said in a statement.

The rule standardizes training and operations requirements for organic businesses and personnel and will mean more on-site inspections. The rule also requires certification for organic imports and businesses will need to provide certification showing key parts of their supply chain are organic.

The rule goes into effect on March 20 and those impacted will have a year to comply with the changes.

The Organic Farmers Association is “thrilled” to see the publication of the final rule and believes that the Strengthening Organic Enforcement rule will help provide “a level playing field” for organic producers, Lily Hawkins, policy director for the association, said in a recent email.

“Stopping fraud in the organic market and enforcing USDA National Organic Program regulations has long been a top priority for organic farmers. This long-awaited new rule is something that we have advocated for years,” Hawkins said in the email.

“When cheaply produced products are fraudulently sold as organic, it undermines consumer confidence in the organic label and harms organic farmers who are doing things the right way,” she added. “This rule is a crucial step to protect organic producers and consumers who pay a premium for organic products.”

Discussion Questions

  1. Explain the role of the U.S. Department of Agriculture.
    The U.S. Department of Agriculture (USDA) is the federal executive agency responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of commercial farming and livestock food production, promotes agriculture trade and production, works to assure food safety, protects natural resources, fosters rural communities, and works to end hunger in the United States and internationally. 

    According to the USDA:
    We provide leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on public policy, the best available science, and effective management.

    We have a vision to provide economic opportunity through innovation, helping rural America to thrive; to promote agriculture production that better nourishes Americans while also helping feed others throughout the world; and to preserve our Nation’s natural resources through conservation, restored forests, improved watersheds, and healthy private working lands.
  2. As the article indicates, for the first time in more than 30 years, the USDA is increasing the regulation of organic products, including production, handling, and sales, and putting “layers of protection” around the agency’s organic seal. Are you surprised that it has taken the USDA this long to enhance the regulation of organic products? Why or why not?
    According to the USDA:
    USDA certified organic foods are grown and processed according to federal guidelines addressing, among many factors, soil quality, animal raising practices, pest and weed control, and use of additives. Organic producers rely on natural substances and physical, mechanical, or biologically based farming methods to the fullest extent possible.

    Produce can be called organic if it’s certified to have grown on soil that had no prohibited substances applied for three years prior to harvest. Prohibited substances include most synthetic fertilizers and pesticides. In instances when a grower must use a synthetic substance to achieve a specific purpose, the substance must first be approved according to criteria that examine its effects on human health and the environment.

    As for organic meat, regulations require that animals are raised in living conditions accommodating their natural behaviors (like the ability to graze on pasture), fed 100 percent organic feed and forage, and not administered antibiotics or hormones.

    When it comes to processed, multi-ingredient foods, the USDA organic standards specify additional considerations. Regulations prohibit organically processed foods from containing artificial preservatives, colors, or flavors and require that their ingredients are organic, with some minor exceptions. For example, processed organic foods may contain some approved non-agricultural ingredients, like enzymes in yogurt, pectin in fruit jams, or baking soda in baked goods.

    When packaged products indicate they are “made with organic (specific ingredient or food group),” this means they contain at least 70 percent organically produced ingredients. The remaining non-organic ingredients are produced without using prohibited practices (genetic engineering, for example) but can include substances that would not otherwise be allowed in 100 percent organic products. “Made with organic” products will not bear the USDA organic seal, but, as with all other organic products, must still identify the USDA-accredited certifier. You can look for the identity of the certifier on a packaged product for verification that the organic product meets USDA’s organic standards.

    As with all organic foods, none of it is grown or handled using genetically modified organisms, which the organic standards expressly prohibit.

    Becoming familiar with the USDA organic label and understanding its claims empower consumers to make informed decisions about the food they purchase. While there are many marketing claims that add value to foods, consumers can be assured that USDA organic products are verified organic at all steps between the farm and the store.

    In terms of Discussion Question Number 2, your author acknowledges that enforcement of the law is always a challenge, and that all individuals and organizations responsible for enforcing the law (including the USDA) are in a perpetual state of doing something akin to playing the arcade game “Whac-A-Mole” when it comes to enforcing the law! Truth still matters, however, and organizations like the USDA must be forever vigilant in terms of ensuring that there is adherence to the law. Consumers have the right to rely on representations made by sellers, particularly when it comes to food. 
  3. As the article indicates, the Strengthening Organic Enforcement rule goes into effect on March 20, 2023, and those impacted will have a year to comply with the changes. Are you surprised that growers and sellers will have one year to reach compliance? Explain your response.
    This is an opinion question, so student responses may vary. In your author’s opinion, this is a reasonable time for compliance, since growers and sellers must have time to “process” the Strengthening Organic Enforcement rule to ensure that their organic food products are compliant with the heightened standards.