USDA Agricultural Marketing Service - U.S. DEPARTMENT OF AGRICULTURE 

Grow and develop the 

organic sector through 

transition initiatives and 

technical assistance 

Protect organic integrity 

through strong oversight 

systems 

Develop and implement 

organic standards through 

open, transparent, j collaborative processes 

Protect organic integrity 

through robust 

enforcement 

USDA Organic Oversight and Enforcement Update 

Summary of Activities, Calendar Year 2022 

The USDA Agricultural Marketing 

Service (AMS) National Organic 

Program (NOP) develops and enforces 

standards for agricultural products 

labeled organic for sale in the United 

States. We also grow and support the 

sector through technical assistance 

and education for those interested in NOP goals continually strengthen farmer and consumer 

transitioning to organic production. trust in the USDA Organic Label. 

Congress established NOP as a regulatory program in cooperation with States and private and 

nonprofit companies. The Program accredits and provides oversight of third-party organizations, 

called certifiers, that inspect and certify organic farms and businesses that follow the USDA 

organic regulations. Together, USDA and accredited certifiers enforce the organic standards, 

protecting farmer and consumer confidence in the value and integrity of the USDA organic seal. 

This report continues our ongoing updates on enforcement activities and responds to three 

reporting requirements in the Agriculture Improvement Act of 2018 (Farm Bill). It also provides 

an update for the organic community on the full range of oversight and enforcement activities 

being led by the agency and our partners. 

Report sections include: 

• New Initiatives 

• Domestic and Overseas Investigations and Compliance Actions 

• Organic Trade Enforcement Interagency Coordination Report 

• Report on Enforcement Actions Taken on Organic Imports 

At the start of 2023, there were 46,372 USDA certified organic farms, ranches, and businesses 

worldwide with 27,605 (60 percent) in the United States participating in the organic market. 

According to the most recent Organic Trade Association Industry Survey, U.S. organic retail 

sales totaled more than $63 billion in 2021, representing growth of $1.4 billion (2 percent). 

NOP specialists provide organic certifier accreditation and oversight, standards development, 

training, trade systems development, international cooperation, and complaint investigations and 

enforcement. Additional funding has allowed NOP to increase its enforcement reach, and 

conduct more market surveillance, stakeholder engagement, and capacity building. These 

continue to strengthen organic farmers, businesses, and consumer confidence in the USDA 

organic seal. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Organic Oversight and Enforcement Reports published in 2019, 2020, 2021, and 2022 are 

available on the USDA National Organic Program website. Enforcement actions are also 

reported throughout the year on the USDA Organic Enforcement Activity web page at 

www.ams.usda.gov/organic/enforcement. 

New Initiatives 

Launched in 2022, the USDA Organic Transition Initiative (OTI) is extending the capacity for 

the agency to support conventional farmers and ranchers interested in transitioning to organic 

production. 

Transition to Organic Partnership 

Program (TOPP): Launched as part of 

OTI in 2022, USDA is investing up to 

$100 million over 5 years through 

cooperative agreements with non-profit 

organizations to establish new support for 

those interested in transitioning to organic 

production. 

TOPP is a collaborative effort already 

involving more than 160 partners that are 

actively developing programs to serve 

TOPP regions are set geographically and form a mix transitioning and existing organic farmers. 

of States that are well-represented in organic and The TOPP partnership network includes States that are currently underserved. six regions: the Mid-Atlantic/Northeast, 

Southeast, Midwest, Plains, Northwest, 

and West/Southwest. 

NOP is actively pursuing opportunities to engage with historically underserved communities to 

make organic an option for everyone. 

More information is available at https://www.ams.usda.gov/topp. 

Human Capital Development Initiative: In 2022, NOP partners began rolling out the results of 

work designed to develop and support a robust, highly skilled workforce of qualified organic 

professionals to meet the needs of this growing market sector. Resources developed under the 

Human Capital Development Initiative promote organic market development; protect organic 

integrity; and enhance diversity, equity, and inclusion. New resources are added frequently, such 

as the recently launched “Growing the Organic Workforce” module in the Organic Integrity 

Learning Center, which supports current and future generations of organic professionals learning 

the skills needed to effectively protect the USDA organic seal. 

Learn more at www.ams.usda.gov/services/organic-certification/human-capital-capacitybuilding-initiative. 

USDA Organic Oversight and Enforcement Update Page 2 
 

 

 

 

 

 

 

 

 

 

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and 

Outreach to Build 

Capabilities 

Certifier Directives, 

Testing and Related 

Actions 

Surveillance 

(Operations, 

Certifiers, Sectors, 

Countries) 

Loss of Certification 

(Suspension, 

Revocation) under 

NOP 

Complaint 

Investigations & 

Resulting Actions 

Legal Penalties 

Covered by 

Trademark 

Protections 

Significant 

Fees and Fines 

(Civil Penalties) 

Prison Time 

USDA 

(Many Agencies) 

USDA Office of 

1 nspector General 

customs and Border 

Protection (CBP) 

Department of Justice 

(DOJ) 

As a partner in the USDA Organic Human Capital Initiative, Tuskegee 

University in Louisiana started an experiential program for students at its 

campus organic farm. NOP Initiative Lead Laura Gallagher (far left) 

continues to work with the Tuskegee and other Initiative partners to deliver 

new tools for workforce development. 

Domestic and Overseas Investigations and Compliance Actions 

In 2022, NOP continued to apply risk analysis to focus surveillance and enforcement resources 

where they have the greatest impact. Additional information on Import Oversight activities is in 

the third section of this report. This section of the report provides updates on the following 

topics: 

• Complaints Overview 

• Domestic and International Investigations 

• Livestock Organic Compliance Initiative 

• Certifier Oversight, Training, Accreditation, and Data Quality Awards 

• Appeals 

• Setting Standards for Consistent Certification 

From training to surveillance, directives, and criminal prosecution, NOP and its partners engage 

in a wide range of activities and strategies to jointly protect the USDA organic seal, support 

compliance, and hold those who violate the regulations accountable under the law. 

USDA Organic Oversight and Enforcement Update Page 3 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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complaints and 

inquiries received in 

FY2022 

NOP investigated or 

referred remaining 

59% of complaints 

41% resolved with 

educational 

information 

Most common 

outcomes: voluntary 

compliance or no 

violation found 

Complaints Overview: 

NOP applies risk analysis to focus enforcement resources where they have the greatest impact in 

protecting organic farmers, businesses, and consumers from fraud. This includes tiering 

complaints using a risk-based complaint management process to prioritize investigations that are 

more complex or may have high market impact. 

The NOP online complaint portal has improved the customer experience by making it easier for 

the public to understand what information is needed for NOP to effectively evaluate a complaint. 

The portal speeds the intake process by automatically entering information into the NOP internal 

complaint management system, providing tracking information to the person filing the complaint 

or inquiry while allowing for anonymous tips. Approximately 64 percent of the complaints and 

inquiries filed with the NOP are now received through the online portal. 

In 2022, of all the consumer questions 

received, 13 percent were simple 

inquiries asking whether a farm or 

business was really certified organic. 

NOP staff can quickly close these 

inquiries after confirming an operation’s 

status. 

In many other cases, while an allegation 

may have raised questions about an 

operation, staff were able to confirm 

there was no evidence of a violation of 

the organic rules by using the USDA As funding for staff, technology, and training have Organic Integrity Database, ongoing increased, the time needed to complete an average surveillance, and by communicating investigation has fallen from 14 to 4 months. with our accredited certifying agencies 

or other private sector partners. 

NOP also created additional templates to facilitate faster response times for frequently asked 

questions related to case and operation status for consumers and accredited certifiers. Managing 

these simpler inquiries as questions, rather than investigations, allows the program to dedicate 

more resources to complex, higher-risk investigations that potentially have significant market 

impacts. 

When there is evidence of a violation of the organic regulations, the first goal is to bring farms or 

businesses back into compliance or to remove them from the market as quickly as possible. 

Many NOP investigations, 54 percent of the total complaints in 2022, were resolved when farms 

and businesses voluntarily complied with the organic rules. 

Examples include: 

• An uncertified farm or business stops making organic claims on a website. 

• An uncertified farm or business gets certified so it can legally label a product as organic. 

• A certified farm or business corrects a noncompliance. 

• A certified business exits the organic market. 

USDA Organic Oversight and Enforcement Update Page 4 
 

 

 

 

 

 

 

 

 

 

 

 

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Cas,es in1 Pr,ogr,ess 

As o,f 12/31/2022 

2% 

■ IJncerlifiedl Opera - n IMaking1 Organic Claims 

■ l'raud 

Pesliclde Res dues 

Labeling EIIJ,or 

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■ l"foh iteel sutmance u~ 

382 Closed Cas,es byOut,come 

12 Months ending 12/31/ 2022 

6% 2% 

3% 

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■ Fraduleint Celii1ic11U': PMted 

■ Re med for Orimila1 lnves -ga · cm 

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■ SeUJemenl, Civil Penally, Al)pe 

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Where complaints are substantiated through an investigation, the outcomes may include a range 

of administrative actions, such as warning notices to support future action, posting fraudulent 

certificates to the NOP website for market awareness, filing complaints for a hearing with an 

administrative law judge, and referring cases to other law enforcement agencies for further civil 

or criminal investigation and action. 

When NOP has the evidence to support enforcement actions, the program may use its statutory 

and administrative authority to levy civil penalties, establish settlement agreements, and when 

appropriate, refer offenders for criminal prosecution. NOP continues to partner with the 

California State Organic Program and international trading partners with equivalency 

arrangements/agreements to investigate complaints against operations in their geographic areas, 

including Canada, the European Union, Israel, Japan, South Korea, New Zealand, Switzerland, 

Taiwan, and the United Kingdom. 

Using investments in additional staff, training, and new technology, NOP has significantly 

decreased the number of days it takes to bring the investigation of an average complaint to 

closure, from just over 13 months in 2018 to less than 4 months in 2022. This means NOP can 

take enforcement actions where needed and protect the integrity of the USDA organic seal by 

removing false claims from the market and increasing consistency across certified operations. 

Overview of Complaint Case Types and Case Outcomes for 2022 

Cases in Progress are based on allegations, complaints, and surveillance and are not in 

themselves proof of wrongdoing. 

Administrative Actions are warnings/notices to businesses, often uncertified, and are critical 

in establishing that violators are aware of the rules, to support future enforcement action. 

USDA Organic Oversight and Enforcement Update Page 5 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Domestic and International Investigations: 

NOP staff continue to deepen partnerships with enforcement agencies to advance priority 

initiatives and amplify our ability to protect the organic market and the integrity of the organic 

seal for farmers and consumers. 

Collaborative Partnerships: Sharing information and working with other enforcement 

agencies allows NOP staff to leverage additional authorities that are used to protect the organic 

market. This two-way street also enables other agencies to use information from NOP to achieve 

their regulatory mission and objectives. This “many hands” approach supports enforcement 

across the organic community both domestically and internationally. 

During 2022, NOP staff collaborated on investigations of grain fraud with the USDA Office of 

the Inspector General and the Assistant United States Attorney’s offices in New Jersey, 

Minnesota, and Maryland, resulting in Grand Jury indictments and criminal prosecutions for 

misuse of the USDA organic label. NOP staff have focused enforcement resources on 

surveillance of grain markets in recent years, because of its impact as feed for organic livestock, 

dairy, poultry, and egg markets. 

In August 2022, NOP collaborated with the USDA Risk Management Agency to cross-train their 

staff on organic regulations and crop insurance to help mitigate insurance fraud in organic 

markets and increase understanding of risk management for organic producers. This partnership 

has led to further collaboration, amplifying the ability of both agencies to enforce regulations and 

inform decision-making. 

In December 2022, NOP collaboration with the USDA Food Safety and Inspection Service 

(FSIS) resulted in the referral of a complaint against a suspended operation falsely representing 

grass-fed beef products as organic. FSIS has the authority to investigate labeling claims and 

require adequate support for labeling claims on meat and poultry products. 

High Volume-High Value Commodity: As a result of ongoing surveillance and investigations 

involving detection of prohibited substances on U.S.-grown organic sweet potatoes, NOP staff 

traced the exports back to a small group of certified handlers located in the Southeast United 

States. Thanks to information sharing with an international equivalence partner, NOP 

investigations identified a trend indicating that certified sweet potato handlers in this region were 

not effectively implementing measures to prevent commingling and contact with prohibited 

substances. In addition, at least one certifier was not adequately verifying preventative 

measures. During the investigations, NOP determined that some certified organic sweet potato 

handlers that also provide conventional processing sometimes used prohibited post-harvest 

materials to combat pest and disease issues on shared packing lines and foggers in shared storage 

areas. 

As a result of the investigation, the certifier worked to bring all operations back into full 

compliance, updated its procedures and conducted training for its inspectors, and focused on 

first-hand oversight to verify processors have adequate measures in place to prevent 

commingling of organic with conventional produce and prevent contact with prohibited 

substances. Additionally, the trend in prohibited residue detections on organic sweet potatoes 

led NOP to broaden its surveillance to include the review of additional domestic commodities 

commonly grown in specific geographic regions with higher risk factors. 

USDA Organic Oversight and Enforcement Update Page 6 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Imported Blackberries from Mexico: In 2022, NOP concluded a supply chain investigation 

of 23 operations involved in the production, handling, import, export, and distribution of 

blackberries from Mexico. The NOP investigation found that the source of blackberries 

imported to the United States from one specific region in Mexico could not be traced to a 

specific certified farm, which flagged potential fraud occurring at the exporter level. As a result, 

nine certified businesses exited the organic market either through voluntary surrender or 

suspension of their organic certification. 

These case studies illustrate the range of investigations undertaken each year by NOP staff. 

Raising the profile of the small number of serious violations also sends a signal to everyone in 

the supply chain from farm to processor and brands that violators will be held accountable, 

reinforcing farmer and consumer confidence in the integrity of organic products sold in the 

United States. 

One objective measure of the impact of NOP and certifier investigations is the number of 

certified operations that lost certification because of enforcement actions. In 2022, nearly 1,000 

operations in 55 countries lost certification through suspension or revocation. About 85 percent 

of those were in the 10 countries listed in the table below. 

Suspended and Revoked Operations by Country 

Country Count of Operations Suspended or 

Revoked in 2022 

United States 452 

Peru 95 

Mexico 88 

Ecuador 50 

India* 43 

Brazil 39 

Chile 33 

Tunisia 16 

Indonesia 14 

Morocco 13 

Note: While the number of suspended/revoked operations is highest in the United States 

(46 percent of the total), U.S. operations represent 60 percent of the total count of 

certified operations. Therefore, these results do not imply that U.S. farms and businesses 

are suspended or revoked at a higher rate than international operations. 

*See the section below “Global Organic Control Systems—Equivalence and Recognition” 

for more detail on certified operations in India. 

Livestock Organic Compliance Initiative 

This ongoing Federal boots-on-the-ground surveillance program assesses compliance with the 

USDA organic livestock regulations. Active surveillance improves consistency in organic 

practices and enforcement, supports a level playing field across the organic livestock industry, 

and strengthens producer and consumer confidence in the organic livestock market. As a result 

of this surveillance, NOP staff have seen significant improvements by certified organic dairy 

operations and certifiers, including improved recordkeeping systems, increased grazing periods 

USDA Organic Oversight and Enforcement Update Page 7 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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with less confinement of animals, updated healthcare practices across organic dairy operations, 

and improved inspection and review processes for organic dairies. 

NOP selects operations for surveillance 

based on risk factors including industry 

trends, current events, and operation 

characteristics such as size, location, and 

compliance history. Surveillance audits 

cover grazing practices, feed, living 

conditions, animal health practices, and 

origin of livestock. In 2022, USDA 

livestock technical experts reviewed the 

work of certifiers overseeing 52 percent 

of domestic ruminant livestock 

operations in the United States to confirm 

consistent and complete implementation 

of the organic regulations. NOP worked 

with certifiers to address 16 findings of 

deficiencies in verifying requirements 

related to: 

Ongoing surveillance of livestock operations has 

grown to cover all the States colored green above. 

This work also provides insights that guide 

development of training for inspectors and flags 

areas for increased surveillance like cattle auctions. 

• Origin of livestock, animal feed used, animal healthcare, and livestock housing at 

slaughter and auction facilities. 

• The percentage of dry matter intake obtained from pasture at dairy operations. 

• Access to pasture throughout the entire grazing season for ruminants. 

• Verification of organic status of the animals through traceback and mass balance 

exercises. 

Additional Livestock Compliance Program Activities: In January 2022, NOP conducted 

virtual training for certifiers on methods for assessing whether, under continuous organic 

management from the last third of gestation, cattle are fed only certified organic feed, and 

animals have access to water until slaughter. 

Throughout the year, NOP livestock technical experts contributed to two new Organic Integrity 

Learning Center livestock trainings: Origin of Livestock (focused on the recently published 

regulation) and Organic Dairy Compliance 2 (advanced training based on insights from previous 

surveillance seasons). NOP livestock technical experts also participated in multiple certifier 

accreditation audits by providing detailed certification file reviews and visiting certifiers and 

operations. 

Case Highlight-Livestock Handlers: Through the surveillance of multiple cattle brokers and 

dealers, NOP has identified several operations that have sold nonorganic cattle to certified 

organic slaughter facilities throughout the United States. NOP consulted with organic certifiers 

and experts from the AMS Packers and Stockyards, USDA Animal and Plant Health Inspection 

Service, and several State agriculture departments to acquire additional information and 

evidence. Based on this work, NOP has directly initiated multiple enforcement actions that are 

now on appeal. NOP investigators are also working with the USDA Office of the Inspector 

General to advance additional cases involving livestock dealers. 

USDA Organic Oversight and Enforcement Update Page 8 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Certifier Oversight 

In 2022, NOP provided oversight and training of 75 third-party accredited certifiers that operate 

in the United States and around the world. NOP continues to work closely with certifiers 

through directives and training to continually strengthen their organic certification programs, 

enforce compliance with the USDA organic regulations, and confirm they are enforcing the 

organic regulations consistently worldwide. 

Certifier audits are an effective and 

efficient tool for verifying a certifier’s 

organic control system for compliance 

with USDA accreditation 

requirements. With the lifting of 

many travel restrictions, NOP auditors 

have resumed onsite oversight 

activities. Audits of 36 certifiers were 

conducted in-person in 15 countries, 

with an additional 5 certifier audits 

conducted virtually. 

The NOP audit team also piloted a 

newly developed certifier material review audit process. This focused audit activity confirms 

whether there is sufficient oversight and consistency in a certifier’s oversight of the use of 

allowed materials by their certified operations. 

An important focus of NOP certifier audits is verification that they employ enough adequately 

trained personnel and have sufficient resources to take on new clients while overseeing the 

operations they currently certify. In 2022, NOP auditors also specifically assessed whether 

certifiers are sufficiently verifying an operation’s compliance with the natural resource 

requirements of the USDA organic regulations. This was done to determine whether certified 

operations have practices in place to maintain and improve natural resources, including soil and 

water quality. 

In cases where a certifier fails to meet accreditation compliance criteria, NOP issues a noncompliance to identify the deficiency and the certifier is given an opportunity to provide 

corrective actions to bring its program back into compliance with the USDA organic regulations. 

If corrective actions are insufficient, NOP proposes the suspension of accreditation. NOP may 

also encourage the certifier to surrender its accreditation or, in some cases, may choose to enter 

into a settlement agreement to bring the certifier back into full compliance more quickly. One 

international certifier surrendered its accreditation in 2022. 

With respect to enforcement actions against certifiers, in August 2022, USDA denied an appeal 

by the Texas Department of Agriculture (TDA) organic certification program, which had been 

issued a Notice of Proposed Suspension of Accreditation in February 2022. TDA has been found 

to be not compliant with the USDA organic regulations. TDA has requested a hearing with the 

USDA administrative law judge. 

In 2022, an expanded team of NOP auditors and 

investigators accelerated on-site visits to certified 

operations around the world. 

USDA Organic Oversight and Enforcement Update Page 9 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Certifier Training 

In just five years, the Organic Integrity 

Learning Center has grown into a robust 

community of more than 11,000 

registered users in 93 countries. The 

Learning Center continues to provide 

free, on-demand, online training to 

support the professional development and 

continuing education of certifier staff, 

inspectors, and compliance specialists 

working to protect organic integrity. 

Farmers, ranchers, and businesses also 

benefit from the availability of courses 

that explain what the regulations require. 

As of January 2023, there are 134 lessons 

across 35 courses and 21 microlearning 

Surveillance projects help identify future training 

needs and create opportunities for NOP specialists to 

document real-life on farm scenarios for future 

learners. 

modules (short courses) in the Learning Center, covering topics from basic to advanced organic 

workforce development and organic field crop practices. Examples of courses recently added 

include: 

• Advanced Compliance and Enforcement Topics

• Growing the Organic Workforce

• National Organic Program: People, Processes, and Policy

• Organic Dairy Compliance 2

• Organic Field Crop Practices

• Origin of Livestock

• Scenario-Based Inspector Training

Certifier Data Quality Awards 

In January 2023, NOP recognized the work of 

accredited organic certifiers with awards for 

extraordinary support of the National Organic 

Standards. The awards were presented at the 

annual NOP Certifier Training for USDAaccredited organic certifiers and organic 

inspectors from around the world. In 2022, 10 

certifiers were recognized for exceeding 

requirements for delivering high-quality data 

to the Organic Integrity Database. 

Up-to-date public information about organic 

operations helps buyers and sellers find each 

other in the marketplace, making data an 

The 2023 Data Quality Award Winners with NOP 

Deputy Administrator Jennifer Tucker (left) and 

Accreditation Director Robert Yang (far right). 

USDA Organic Oversight and Enforcement Update Page 10 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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important market development tool. The USDA Organic Integrity Database makes it easy for 

anyone to look up the status of a certified organic operation and view the products that each farm 

and business has to offer. Quality data is also integral to surveillance across supply chains. 

The 2023 Investing in Integrity Data Quality Award winners were: 

• CCOF Certification Services – Santa Cruz, CA 

• Marin Organic Certified Agriculture – Novato, CA 

• Primus Auditing Operations – Santa Maria, CA 

• Yolo County Department of Agriculture – Woodland, CA 

• New Hampshire Department of Agriculture, Markets & Food – Concord, NH 

• ACO Certification Ltd. – Queensland, Australia 

• Aus-Qual Pty. Ltd. – Queensland, Australia 

• IMOcert Latinoamerica LTDA – Cochabamba, Bolivia 

• Certificadora Mexicana de Productos y Procesos Ecologicos SC – Oaxaca, Mexico 

• Bio Latina S.A.C. – Lima, Peru 

Over the past year, three certifiers also stood out for their consistent, effective communication 

and collaboration with NOP staff on a wide range of issues and day-to-day operations, including 

fraud investigations. Their regular, open collaboration with the Program provided increased 

insight into the real-world application of the organic standards while allowing the NOP to 

increase certifier consistency in applying the standards for USDA-certified farms and businesses. 

For their outstanding contributions to work in organic certification, the 2023 National Organic 

Program Director’s Award winners were: 

• CCOF Certification Services, LLC (CCOF) – Santa Cruz, CA 

• Pennsylvania Certified Organic (PCO) – Spring Mills, PA 

• Midwest Organic Services Association, Inc. (MOSA) – Viroqua, WI 

Appeals 

AMS and NOP address appeals of proposed adverse actions, Outcomes of 87 Appeal Closures such as proposed suspensions and revocations, when the 

organic rules have been broken. This work is an important 2022 

component of the program’s enforcement mission because 

it provides due process to organic certifiers, farms, and 

businesses. Appeals also help the program assess and 

improve the quality of enforcement actions taken both by 

certifiers and the program. 

USDA Organic Oversight and Enforcement Update Page 11 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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40% 

Administrator's 

Dec1s1on 1 % 

Settlement 

Agreement 

46% 

In 2022, the program received 85 new appeals and the 

team resolved 87 appeals during the year. Of these, 14 

percent (12) resulted in an AMS Administrator’s Decision 

upholding the certifier or NOP proposed action. An 

additional 46 percent (40) were resolved using a settlement 

agreement designed to bring the appellant into full 

compliance more quickly using alternative dispute 

resolution techniques. The remaining 40 percent (35) resulted in dismissals because they were 

either received after the allowable time period or the incoming appeal was not in response to an 

appealable action. 

Setting Standards for Consistent Certification and Enforcement 

Developing and supporting a fair and competitive market starts with sound and sensible 

regulations. In 2022, AMS published seven rules to update the organic regulations. Each year 

there are multiple opportunities for stakeholders to provide input on rulemaking, advocate for 

continuous improvement, and share industry information that helps NOP keep pace with changes 

in the growing organic market. 

Strengthening Organic Enforcement (SOE) Final Rule: This final rule was published in the 

Federal Register on January 20, 2023. The rule increases USDA enforcement and oversight 

authority in response to increasingly complex supply chains. It includes provisions related to 

certification of handlers and brokers, certifier oversight, and requires the use of electronic 

organic import certificates. The final rule implements requirements from the 2018 Farm Bill, 

other provisions informed by program experience, and recommendations from the National 

Organic Standards Board (NOSB). 

Origin of Livestock Final Rule: This final rule was published in the Federal Register on April 

5, 2022. This rule clarifies requirements for the transition of dairy animals into organic 

production and implements NOSB recommendations. This change to the USDA organic 

regulations promotes a fairer and more competitive market for all organic dairy producers by 

making sure that certified USDA organic dairy products are produced to the same consistent 

standard. 

Organic Livestock and Poultry Standards (OLPS) Proposed Rule: The OLPS proposed rule 

was published in August 2022, and the public comment period closed on November 10, 2022, 

with 39,712 comments. AMS also hosted a virtual listening session in August 2022, to take 

public input regarding this proposed rule. AMS anticipates publication in the near future. 

National List of Allowed and Prohibited Substances Rules: Materials and ingredients that 

support organic crop and livestock production and processing are vital for the day-to-day work of 

organic farms and businesses. Three final rules were published in 2022 to amend the National 

List: 

• A final rule added fatty alcohols and potassium hypochlorite to the National List and 

removed dairy cultures from the National List in response to recommendations 

received from the NOSB in 2019. 

• A final rule was published on February 14, 2022, to add paper pots and low-acyl 

gellan gum to the National List as well as to correct the spelling of “wood resin.” 

USDA Organic Oversight and Enforcement Update Page 12 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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• A final rule published on February 28, 2022, that removed 14 nonorganic ingredients 

from the National List of Allowed Substances. The rule also removes the option for 

organic producers to use one soil amendment and one animal drug in organic crop 

and livestock production. The amendments are based on recommendations from the 

NOSB and public comments. 

Inert Ingredients in Pesticides for Organic Production: In 2022, NOP solicited public input 

through an Advanced Notice of Proposed Rulemaking comment period on Inert Ingredients. The 

proposed rulemaking would address the use of substances considered “inert” in pesticides used 

in organic production. Future rulemaking is needed to update the National List to resolve the 

references to expired EPA reference lists, to provide market certainty, and to maintain industry 

confidence in the National List process. 

Nitrogen Proposed Rule: AMS is working on a proposed rule to respond to NOSB 

recommendations from Fall 2021 and Spring 2022 meetings. This proposed rule would amend 

the National List to restrict use of high-nitrogen fertilizers in organic crop production. 

Market Development Proposed Rule: This draft rule would propose regulations to support 

specific standards for the production of organic mushrooms and pet food in response to NOSB 

recommendations and public comments regarding rulemaking priorities for the program. 

Regulatory Priorities: In Spring 2022, AMS conducted a listening session and invited written 

and oral input from the organic community to help identify key regulatory priorities. NOP is 

using information received to guide the prioritization of ongoing organic standards development, 

such as the projects above. 

The program’s work on organic standards is supported by the NOSB, a 15-member volunteer 

Federal advisory committee. The Board reviews and recommends changes to the National List 

of Allowed and Prohibited Substances and considers a wide range of other issues important to 

organic farmers, businesses, and consumers. Each member, by law, is appointed to represent the 

interests of a specific part of the community including producers, handlers/processors, certifiers, 

retailers, consumers/public interest advocates, environmentalists/resource conservationists, and 

scientists. During 2022, USDA hosted two public meetings to support transparency in Board 

activities. 

Organic Trade Enforcement Interagency Coordination Report 

In the 2018 Farm Bill, Congress called on the Secretaries of Agriculture and Homeland Security 

to establish an “Organic Agricultural Product Imports Interagency Working Group.” The official 

U.S. Customs and Border Protection (CBP)–USDA Interagency Organic Working Group, now in 

its fourth year, has furthered coordination and strengthened the relationship between CBP, AMS, 

and the USDA Animal and Plant Health Inspection Service (APHIS) regarding organic import 

oversight, organic enforcement, and data sharing. 

This report outlines the actions being taken by the Working Group to identify and resolve 

barriers to cooperation between the agencies involved in organic product import oversight, 

advance activities that integrate organic trade enforcement into import inspection procedures and 

identify needed training on organic product oversight. The major priorities and initiatives that 

the Working Group focused on in 2022 were: 

Organic Import Certificate Pilot: NOP has received over 2,000 voluntary electronic organic 

USDA Organic Oversight and Enforcement Update Page 13 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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import certificates since launching the technology in the CBP Automated Commercial 

Environment (ACE). NOP continues to work with U.S. importers and customs brokers to create 

an end-to-end process for entering import certificate data with a focus on minimal data entry 

requirements while ensuring full and accurate certificate information at filing. Valuable feedback 

has been provided throughout the year by the voluntary participants to help NOP staff design and 

craft a system that minimizes the impact on trade activities while maximizing the data available 

to support oversight of international supply chains from the retailer back to the farm. 

NOP staff also held a series of workshops with USDA organic certifiers in collaboration with the 

Accredited Certifiers Association to collect feedback on an electronic import certificate proof of 

concept from October to December 2022. When electronic import certificates are mandated 

through full implementation of the Strengthening Organic Enforcement Final Rule, the new 

system will further improve risk-based oversight by providing critical import data to USDA and 

the organic sector. 

Government members of the Working Group also provided valuable feedback to NOP in 

development of the Strengthening Organic Enforcement Final Rule. Stakeholder engagement 

increased this year, with 17 meetings held in 2022 to discuss the rule and the technology that will 

accompany it. Stakeholder meetings focused on common workflows that will not impede trade 

or be disruptive to the current supply chain while allowing NOP staff to capture the data 

necessary to fulfill 2018 Farm Bill requirements. 

Commercial Targeting and Analysis Center Activity: In 2022, NOP staff continued to 

strengthen the partnership with the Commercial Targeting and Analysis Center (CTAC). This 

law enforcement data center is based at CBP and staffed by 13 Federal Agencies with border 

enforcement authority. In 2022, NOP increased its access to trade and import data, which 

enhances our ability to identify and track potentially fraudulent organic shipments. This enabled 

NOP staff to access previously unavailable shipment data and import documentation as part of 

ongoing surveillance of high-volume markets and high-value commodities worldwide. 

Through CTAC, NOP staff coordinated the review and physical inspection of multiple shipments 

of organic products to confirm compliance with USDA organic regulations. During the year, 

NOP staff worked with USDA labs to sample and test multiple suspect shipments of soy 

products. As a result of sharing the outcomes with certifiers, brokers, and buyers, multiple 

shipments were stopped from entering organic markets in the United States. The team also 

identified a large shipment of olive oil fraudulently labeled as organic by an uncertified company 

and prevented it from entering the market. Through the CTAC partnership, that importer has 

been referred to law enforcement and the Food and Drug Administration for further 

investigation. 

Trademark Authority: In June 2022, AMS recorded its trademark of the USDA organic seal 

with the CBP Intellectual Property Rights Coordination Center. This action significantly 

increases CBP authority to enforce the trademark at the border and substantively increases the 

cost of organic import fraud. Registration increased the number of Federal agencies with 

authority to enforce the trademark and gave CBP the authority to detain, seize, forfeit, and 

potentially destroy products that fraudulently use the USDA organic seal. 

Registration of the organic seal grants additional intellectual property rights to further restrict the 

use of the trademark or a confusingly similar one by uncertified farms and businesses. 

The trademark registration works in conjunction with the Organic Food Production Act and the 

USDA Organic Oversight and Enforcement Update Page 14 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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organic regulations, providing another enforcement tool against misuse of the seal. As the 

trademark owner, USDA can seek additional civil remedies such as injunctive relief and 

monetary damages under the Lanham Act. Operations trafficking in counterfeit organic goods or 

otherwise willfully misusing the USDA organic seal may now also be subject to fines and 

imprisonment under the Trademark Counterfeiting Act. Trademark authority and penalties for 

misusing the seal are in effect regardless of whether the ® symbol is included. 

The new authority was tested at the border in 2022 when a fraudulently labeled shipment was 

identified, seized, and destroyed, resulting in a total financial loss for the owner. 

Increasing Organic Harmonized Tariff Schedule (HTS) Codes: The strategic partnership 

between AMS and the International Trade Commission led to a continued increase in the number 

of Organic HTS Codes. In 2022, AMS added over 30 new organic HTS codes bringing the total 

available for identifying organic goods to 129. More than 40 additional codes are planned for 

2023. HTS codes are product classification codes used by CBP and all other members of the 

World Customs Organization to classify goods for customs purposes. 

The availability of codes for more products and sub-sets of products increases the level of detail 

and visibility of organic products coming into the United States. The increase in the specificity 

of available organic HTS codes, along with the implementation of electronic import certificates, 

allows NOP staff to take a more proactive approach in monitoring and accurately reporting 

commodities entering the United States. Currently, NOP is receiving more real-time import data 

and can track commodities through the supply chain from final handler and overseas exporter to 

the recipient in the United States faster and more efficiently than in any previous year. 

New Data Technology Projects: NOP continues to invest resources in new technology 

including the electronic organic import certificate generation proof of concept. This system pulls 

organic certifier, farm, and business contact information from the USDA Organic Integrity 

Database onto a single NOP Organic Import Certificate, which improves supply chain 

traceability, improving risk-based oversight of organic imports. This information is housed in 

the new Global Organic Data Reporting Warehouse, which provides real-time certifier, import, 

enforcement, and operation data in visual dashboard formats to facilitate analysis. NOP is 

building on this foundation for the influx of import certificates when 2018 Farm Bill 

requirements are fully implemented and mandated by the Strengthening Organic Enforcement 

Final Rule. 

Report on Enforcement Actions Taken on Organic Imports 

The 2018 Farm Bill required that USDA and the U.S. Customs and Border Protection (CBP) 

provide a report with specific quantitative measures on organic imports oversight, including: 

• Quantitative data on imports of agricultural products represented as organically produced 

but found to be fraudulent or lacking documentation at the port of entry. 

• Data on domestic enforcement actions taken on imported agricultural products 

represented as organically produced, including the number and type of actions taken by 

U.S. officials at ports of entry. 

• Data on fumigation of agricultural products represented as organically produced at ports 

of entry and notifications of fumigation actions. 

• Information on enforcement activities under this chapter involving overseas 

USDA Organic Oversight and Enforcement Update Page 15 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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investigations and compliance actions. 

For the first two items above, NOP and CBP continue to make progress in piloting the newly 

programed electronic organic import certificate. The Strengthening Organic Enforcement final 

rule will fully implement mandatory import certificate requirements necessary to provide the 

detailed quantitative data requested for these reports. 

Import Oversight 

As the value of imported organic agricultural goods into the United States grows, NOP continues 

to prioritize import oversight and enforcement by analyzing import trends to inform risk-based 

enforcement practices in partnership with USDA Foreign Agricultural Service and CBP. 

Industry estimates indicate that U.S. buyers import between 70-85 percent of organic soybeans 

needed to meet the domestic demand for organic livestock feed. In 2022, these imports were 

primarily shipped through ports in the Black Sea region, Canada, India, Argentina, and Russia. 

Trade Data Analyses 

NOP staff use import data and analysis from multiple sources to screen for shipping activity that 

may indicate the need for closer inquiry. Key indicators include things like changes in volume, 

region/port history of compliance, and unexpected spikes or shifts in production. When 

anomalies are identified for any product, NOP staff initiate surveillance of the commodity, 

growers, handlers, and exporters in that supply chain so that product fraudulently represented as 

organic does not disrupt U.S. organic markets or create a competitive disadvantage for organic 

operations that play by the rules. Visible surveillance and actions taken against offenders in the 

supply chain have already proven to be a significant deterrent to fraud and support fair 

competition and prices that accurately respond to supply and demand. 

Soybean Market Surveillance: Long supply chains, shelf life, and price premiums make 

organic soybeans an attractive market for fraud. In 2022, NOP staff surveilled multiple soybean 

supply chains. This work included checking audit trail documentation to examine omissions, 

discrepancies, and unclear information. In addition, NOP staff reviewed the procedures of 

importers and handlers involved to verify the integrity of suppliers and imported shipments. 

This surveillance includes ongoing monitoring of how certifiers are implementing a March 16, 

2022, Certifier Directive on oversight of organic operations in India. The directive requires 

certifiers to inspect, sample, and test all organic soybean meal exports to the United States. This 

visible side of surveillance sends a message to the market that there is increased risk and costs of 

being caught, which helps deter attempted fraud. Further review of 2022 results of the 2022 

directive will also help determine the effectiveness of the current sampling procedures for 

pesticide residue testing and provide data to continually improve future surveillance practices. 

Another result of the public aspects of surveillance across international soy supply chains has 

been increased voluntary use of organic HTS codes reported in the CBP import system. As more 

importers utilize these codes to satisfy buyers requiring increased traceability of organic goods, 

the true volume of organic soy imports becomes easier to track. Use of organic HTS codes will 

become mandatory for all organic imports with full implementation of the Strengthening Organic 

Enforcement final rule in March 2024. See above for more details on organic HTS codes. 

USDA Organic Oversight and Enforcement Update Page 16 
 

 

 

 

 

 

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119 

1a6 l 

L 213 

Country 

e ukraine 

e Turkey 

e Russia 

e lndia 

Canada 

e Argentina 

Country 

e Ukraine 

e Turkey 

• Ru ssia 

e lndia 

Canada 

e Argentina 

U.S. Imports of Organic Soy by Value ($M) 

Jan – Oct 2022 total $650 million (Origins by Country) 

Jan – Dec 2020 total $485 million (Origins by Country) 

Data from HTS codes available at the time for organic soybean, soy meal, and soy cake. 

January through October 2022 represents the most current data available. 

Source: USDA Foreign Agricultural Service, Global Agricultural Trade System Database 

USDA Organic Oversight and Enforcement Update Page 17 
 

 

 

 

 

 

 

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Investigation Highlight-Soybean 

Shipment from Turkey: In 2022, one 

NOP investigation into soybean shipments 

from Turkey was sparked by credible 

concerns raised while a ship was enroute to 

the United States. The ship contained 

approximately 6,000 metric tons of 

soybeans labeled organic, with an estimated 

market value of $7.7 million. NOP staff, in 

cooperation with the domestic buyer and in 

consultation with the AMS Federal Grain 

Inspection Service (FGIS), developed a 

plan for NOP staff to collect samples of 

the incoming shipment and test for 

prohibited pesticides and genetically 

modified organisms (GMOs) while the 

U.S. buyer voluntarily held the shipment 

NOP staff now have the capacity, in partnership with 

CBP, to collect samples of soybeans for residue and 

GMO testing at ports of entry when evidence raises 

questions about an incoming shipment. 

USDA Organic Oversight and Enforcement Update Page 18 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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in storage and did not distribute pending the results. 

Test results revealed the presence of GMOs at levels that could not be explained as incidental 

contamination. The exporter involved is no longer certified. The results of this investigation 

demonstrate how increased voluntary cooperation between NOP and U.S. importers and buyers 

has a positive impact on supply chain traceability and the integrity of the organic market. 

Yield Analysis-Mexico Blueberries: Another effective tool for surveilling international supply 

chains is yield analysis. In 2022, NOP staff completed a yield analysis of organic blueberries 

imported from Mexico. This work established a benchmark range of expected yields for organic 

blueberries grown in containers. Blueberries were selected for surveillance because this 

country/commodity pair has high value/high impact to the market, showed increased import 

volumes, and had experienced recent changes in production technology that raised interest within 

the sector. This analysis found that yields increased by 27 percent from 2020-2021 and indicated 

wide variation between producers. The differences were attributable to factors including age and 

variety of cultivars, plant density, and crop management. NOP did not find violations of the 

organic standards that required further investigation in this case. The data available as a result of 

the project now provides certifiers and NOP investigators with key benchmarks to speed future 

yield analyses, audits, and investigations related to containerized blueberry production. 

Fumigation Update 

NOP continues to work with APHIS to identify options for aligning fumigation reporting with 

the existing CBP import system and the upcoming electronic organic import certificates that will 

be required when the Strengthening Organic Enforcement rule is fully implemented in March 

2024. This will allow immediate identification when an organic shipment is fumigated. APHIS 

is also working with CBP directly to facilitate more robust data sharing. 

In 2022, fewer than 80 shipments of imported organic food were reported as fumigated on entry 

to the United States, a very small percentage of incoming organic goods. Fumigated products 

are not eligible to be sold as organic. USDA investigations indicate that many of the fumigated 

commodities were relabeled for the conventional market. However, due to the current lack of 

mandatory organic import data and the current exemptions/exclusions in the USDA organic 

regulations related to organic traders, USDA cannot conclusively determine the ultimate 

relabeling and sale of these products in nonorganic markets. 

The two figures below describe the types of organic products that were reported as having been 

fumigated in 2022 and their originating countries. The top five fumigated items were cotton, 

bananas, ginger, pineapple, and herbs. Countries in Central and South America were the largest 

suppliers of fumigated organic imports to the United States, particularly fresh produce. In 2022, 

several shipments of cotton from Turkey were fumigated. 

USDA Organic Oversight and Enforcement Update Page 19 
 

 

 

 

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■ Ootton 

■ Bt1nana 

■ Gtrt-g;er 

Pi'neapple· 

■ Bt1sil 

■ IMaljoram 

nt 

Rosemary 

■ Oo:ria der 

■ DH 

■ Tume11 

■ Costa R ea. 

■ 6ooa;dlor 

Pem 

■ Oo'.lomb·a 

■ Arg;ell1i11 ai 

■ G1.1arernaila 

Mexico 

■ Braz[! 

■ Rf 

■ Italy 

Top 10 Organic Imports Fumigated at U.S. Ports – 2022 

(Not Eligible for Organic Sale Post-Fumigation) 

Origin of Organic Products Fumigated at U.S. Ports – 2022 

(Not Eligible for Organic Sale Post-Fumigation) 

USDA Organic Oversight and Enforcement Update Page 20 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Global Organic Control Systems — Organic Equivalence and Recognition 

Organic trade arrangements, including equivalence and recognition arrangements, support global 

organic control systems and market access. The United States has equivalence arrangements 

with Canada, the European Union, Japan, South Korea, Switzerland, Taiwan, and the United 

Kingdom and recognition arrangements with Israel and New Zealand. 

In 2022, NOP staff met with authorities from all nine equivalence and recognition countries via 

formal working group sessions and informal meetings. In the case of some countries, multiple 

meetings were held during the year to address priority issues. These meetings support the 

maintenance of established trade arrangements and promote information-sharing and 

collaboration between organic regulators on certifier oversight, international investigations and 

other surveillance and enforcement activities. 

Given ongoing concerns about potential market fraud, the NOP and Canadian Food Inspection 

Agency collaborated on a Traceability Project to assess compliance of each step in the global 

supply chain for imported organic products that are considered high-risk for fraud, such as 

soybeans and leafy greens. 

NOP International Activities Division staff also conducts regular reviews of NOP trade 

arrangements to ensure they continue to function in compliance with the established terms and 

that adequate oversight is maintained. In 2022, division staff completed virtual audits of both the 

Israel and New Zealand recognition agreements. Onsite peer reviews of the South Korea and 

United Kingdom equivalence arrangements were also conducted. The United Kingdom peer 

review was groundbreaking, as it was conducted jointly with the Canadian organic authority. 

This new joint audit approach further facilitates information-sharing and collaboration with trade 

partner authorities to protect the integrity of organic imports. 

The International team also provides real-time audit support and training resources for NOP 

Accreditation Division staff during audits of USDA-accredited certifiers to ensure certifier and 

operators conformance with trade arrangement requirements. The International team formally 

served on the audits of five certifiers that collectively certify more than 5,200 USDA operations 

around the world. As a result of noncompliances identified, certifiers are implementing 

corrective actions to ensure compliant trade under organic equivalence and recognition 

arrangements. 

Arrangement partners are each responsible for investigating complaints concerning products 

produced or handled within its jurisdiction. In collaboration with NOP Compliance and 

Enforcement Division, the international team monitors and follows up on complaint referrals 

through completion. This two-way sharing of information supports transparency across supply 

chains, further decreasing the opportunity for those who would attempt to commit fraud. 

In 2022, NOP completed the transition of operations doing business in India to direct USDA 

oversight, providing greater supply chain transparency. NOP ended its recognition arrangement 

with India in January 2021 due to ongoing concerns regarding oversight and enforcement 

capacity. An 18-month transition period was provided for organic operations previously 

certified by India-accredited certifiers that want to continue selling organic products in the 

United States. Prior to ending the recognition arrangement more than 4,000 operations in India 

had been certified under the USDA organic regulations by India-accredited certifiers. At the end 

USDA Organic Oversight and Enforcement Update Page 21 
 

 

 

 

 

 

 

 

 

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of the transition period on July 12, 2022, approximately 1,100 operations in India had 

successfully transitioned to direct USDA certification. 

In 2023, NOP staff are formalizing a new country-level surveillance project to better target 

oversight resources in regions with high-volume or high-value organic products, beginning with 

India. Two audit teams will conduct on-site activities and a third will conduct a remote material 

input review of certifiers and of their operations in organic soybean production and handling. 

Audit activities will include residue sampling and short-notice and unannounced visits to 

certified operations. Phase One will determine certifier and operation capacity and compliance, 

which will lay the groundwork for follow-up activities later this year. 

In conclusion, farmers and consumers choose the organic option for many reasons. Our goal is 

to protect that choice as we work toward our ongoing vision: organic integrity from farm to 

table, consumers trust the organic label. 

USDA is an equal opportunity provider, employer, and lender. 

June 2023 

USDA Organic Oversight and Enforcement Update Page 22