United States Department of Agriculture 1400 Independence Avenue SW. NOP 5032 Agricultural Marketing Service Room 2648

- South Building Effective Date: May 2 , 201 4 National Organic Program Washington, DC 20250 Page 1 of 4

NOP 5032 Products in the Made With Organic Labeling Category Authorized Distribution: Public 

### Guidance Products in the “Made with Organic ***” Labeling Category

1. Purpose and Scope

This guidance describes the requirements for products in the “made with organic (spec ified ingredients or food group (s))” labeling category. Specifically, this guidance clarifies the following aspects of products in this labeling category, referred to as “made with organic ***” : 1. Composition ; 2. Compliant organic labeling claims;

3. Organic and non orga ni c forms of the same ingredient;

4. Percentage of organic ingredients statements; and

5. Ingredients or food groups in the “made with organic ***” claim.

This guidance applies to all products sold, labeled, or represented as “made with organic (specified ingredients or food group(s)).”

2. Background

Operations that grow, handle, or process organic products that are intended to be sold, labeled, or represented as “made with organic ***” must be certified organic ( 7 CFR § 205.100(a) )

. E xceptions to this rule are explained in 7 CFR § 205.101

. The USDA organic regulations specify the required composition of products in the “made with organic ***” category, and compliant labeling claims for these products ( 7 CFR § 205.304 ).

Accredited certifying agents (c erti f iers ) review product labels in the following labeling categories to verify compliance : “ 1 00 percent organic; ” “ organic; ” “made with organic * **; ” and

livestock feed . Certifiers and the organic trade have asked the NOP to clarify the requirements

for “made with organic ***” products.

3. Policy

The following specifications apply to products in the “made with organic ***” labeling category:

3.1 Composition

“Made with organic ***” products:

• Must contain at least 70 percent organic ingredients, excluding salt and water ( 7 CFR § 205.301(c) ) ;

• M ay contain up to 30 percent non organic ingredients. Any non agricultural ingredient in a “made with organic***” product must be allowed by the National List of Allowed and Prohibited Substances ( 7 CFR § 205.605 );United States Department of Agriculture 1400 Independence Avenue SW. NOP 5032 Agricultural Marketing Service Room 2648

- South Building Effective Date: May 2 , 201 4 National Organic Program Washington, DC 20250 Page 2 of 4

NOP 5032 Products in the Made With Organic Labeling Category Authorized Distribution: Public • Must not contain any ingredient that was produced using excluded methods, such as genetic engineering, sewage sludg e, or ionizing radiation ( 7 CFR § 205.105 )

.

3.2 Labeling C laims

If a product meet s all the composition requirements of the “made with organic ***” labeling

category ( 7 CFR § 205.301(c) ) , then :

• Labels m ay inclu de the statement, “made with orga nic (insert up to three ingredients, food groups, or combination of ingredients and food groups )

. ” The statement, “made with organic ingredients” is not allowed. For restrictions on this statement, see section

3.4 below.

• If the “made with organic ***” statement is used

, labels may also include the percentage of organic ingredients of the finished product. Examples of acceptable and unacceptable versions of the percent age of organic ingredients statement include:

o Acceptab le

− 70 percent organic * ;

− 99 % organic ingredients * ; and

− Contains 92% certified organic ingredients *

. *If in gredient

- specific claim such as “made with organic corn ” is also on the label.

o Unacceptable

− 100% organic spices ;

− 100 percent organic grapes ; and

− Made with 75% organic ingredients ( “made with” claim can only apply to organic ingredient

- or food group

- specific claim )

.

Additional requirements :

• All words in the “made with organic ***” and percentage of organic ingredients

statements must be in the same format without highlighting

, and be no more than half the size of the large st text on the panel.

• The USDA organic seal can not be used anywhere on the label or package

.

• The statement, “certified organic by ***

, ” must be included below the identified final

handler or distributor. The certif ier’s logo may be present anywhere.

• The label can no t represent the finished product as organic.

• The ingredient statement must identify certified organic ingredients as organic.

3.3 Organic a nd Nono rganic Forms of the Same Ingredient

If a produc t contains both organic and non organic forms of t he same ingredient, the ingredient s must be identified separately in the ingredient statement. For example, the ingredient statement

for sugar cookie s labeled “made with organic flour and sugar” could state: “organic flour, organic sugar, organic butter, non organic butter...

. ”United States Department of Agriculture 1400 Independence Avenue SW. NOP 5032 Agricultural Marketing Service Room 2648

- South Building Effective Date: May 2 , 201 4 National Organic Program Washington, DC 20250 Page 3 of 4

NOP 5032 Products in the Made With Organic Labeling Category Authorized Distribution: Public These requirements apply to variants and derivatives of the same ingredient in a product, such as organic tomatoes and non organic tomato paste

, or organic spearmint leaves and non organic spearmint oil. T hese also must be identified separately in the ingredient statement.

3.4 Ingredients or Food Groups in the “ Made With Organic ***” Cla im

T he “made with organic ***” claim m ay include a combined total of three ingredients, food

gr oups, or combination of ingredients and food groups. For example, a product could be labeled, “made with organic grains, pistachios, and cranberries.” Specific guidance on ingredients and food groups is provided below.

If an i ngredient is identified in the “made with organic ***” statement

, it must be a truthful

claim . This means the product can only contain organic forms of that specific ingredient or any further processed form thereof. * For example

, if the label states :

• “ Made with organic c orn ”: all raw and processed corn

- based ingredients

, such as blue corn, corn oil, and corn starch

, must be certified organic.

• “ Made with organic flour ”: all flour, including enriched wheat flour, almond flour, or whole durum wheat flour, must be certified organic . O t her ingredients that are precursors to the flour ingredients, however, such as almonds or whole wheat berries,

could be used in a non organic form.

• “ Made with organic b eets ”: any ingredient derived from beets, such as beet color

extract, must be certified organic.

• “Made with organic chicken”: all i ngredients derived from chicken, such as chicken

meat, chicken liver, or chicken broth, must be certified organic

. *

• “ Made with organic chicken broth ”: all chicken broth must be certified organic, but

other i ngred ients derived from chicken, such a s chicken meat or chicken liver, do no t have to be certified organic.

• “Made with organic milk”: all milk

- based products, such as yogurt, cheese, or whey powder, must be certified organic.

• “Made with organic cheese”: all in gredients derived from cheese, such as cheese curds or whey powder, must be certified organic. Additional ingredients derived from

a dair y animal, such as added milk and yogurt, do not have to be certified organic.

*Pet food . Ingredients used in pet food must meet the definitions of the Association of American Feed Control Officials (AAFCO). For example, AAFCO defines “ poultry ” as clean flesh and

skin , and doesn’t include other ingredients derived from poultry, such as chicke n meal or chicken

broth . Therefore, if an organic pet food label states, “made with organic chicken, ” all chicken must be certified organic . O ther ingredients derived from chicken

, which have separate definitions under AAFCO, would not have to be certified organic. This exemption applies only

to animal products, as more narrowly defined by AAFCO, used as ingredients in pet food

.United States Department of Agriculture 1400 Independence Avenue SW. NOP 5032 Agricultural Marketing Service Room 2648

- South Building Effective Date: May 2 , 201 4 National Organic Program Washington, DC 20250 Page 4 of 4

NOP 5032 Products in the Made With Organic Labeling Category Authorized Distribution: Public If a f ood group is identified in the “made with organic ***” statement:

• Only the following may be listed as food groups : beans, fish, fruits, grains, herbs, meats, nuts, oils, poultry, seeds, spices, sweeteners, vegetables

, or processed milk products. T he USDA organic regulations do not allow any other food group to be

listed

. ( See 7 CFR § 205.304 ).

• It must be a truthful claim; a ll raw and processed forms of ingredients in that category must be certified organic. For example, if a produ ct states, “made with organic ***” :

o Fruits

– any ingredient derived from a fruit

, such as mango nectar, key lime juice

, or banana chips

, must be certified organic.

o Vegetables

– any ingredient derived from a vegetable

, such as carrot juice, kale chips , or ce lery

, must be certified organic.

o Grains

– any ingredient derived from a grain, such as enriched wheat flour, corn oil, or oats

, must be certified organic.

4. References

USDA Organic R egulations ( 7CFR Part 205 ) 7 CFR § 205. 100 What has to be certified.

7 CFR § 205. 101 Exemptions and exclusions from certificatio n.

7 CFR § 205. 105 Allowed and prohibited substances, methods, and ingredients in organic production and handling.

7 CFR § 205. 301 Product composition.

7 CFR § 205. 304 Packaged products labeled “made with organic (specified ingredients or food group(s)) .”

7 CFR § 205. 605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

National Organic Standards Board Recommendation

Recommendation for Rule Change Concerning Made With Organic Ingredients , 2005

.

Other Laws and Regulations

Association of American Feed Control Officials http://aafco.org/

Approved o n April 30, 2014