USDA Organic Oversight and Enforcement Update

Summary of Activities – June 2022

The USDA Agricultural 

Marketing Service (AMS)

National Organic Program (NOP)

develops and enforces standards 

for agricultural products labeled

organic in the United States.

Congress established NOP as a 

regulatory program in cooperation

with states and private companies. 

The Program accredits and 

provides oversight of third-party organizations, called certifiers, who certify organic farms and

businesses to the USDA organic regulations. Together, USDA and accredited certifiers enforce

the organic standards, protecting farmer and consumer confidence in the integrity of the USDA

organic seal. 

The number of certified organic farms and businesses continues to steadily grow. At the start of 

2022, there were 45,830 certified organic businesses worldwide; 28,403, about 62 percent, were 

in the United States. These organic farms and businesses serve a growing organic market. U.S. 

organic retail sales totaled a record $61.9 billion in 2020, up approximately 13 percent from 

2019. Increased funding has allowed NOP to significantly increase its staff over the past two 

years. As of February 2022, the program had 70 specialists providing certifier accreditation, as 

well as industry oversight, enforcement, training, and standards development to support organic 

farmers and businesses.

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: 

• Domestic and Overseas Investigations and Compliance Actions

• Organic Trade Enforcement Interagency Coordination Report

• Report on Enforcement Actions Taken on Organic Imports

Previous Organic Oversight and Enforcement Reports published in 2018, 2019, 2020, and 2021 

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

https://www.ams.usda.gov/services/enforcement/organic-enforcement-activity. 
USDA Organic Oversight and Enforcement Update - Page 2

Domestic and Overseas Investigations

and Compliance Actions

In 2021, NOP continued to apply risk analysis to focus resources where they have the greatest 

impact in protecting organic integrity. This section of the report provides updates on the 

following topics: 

• Complaints Overview

• Modernized Customer Complaint Portal

• Domestic and International Investigations

• Investigation Highlight: Materials Fraud

• Investigation Highlight: Grain Fraud

• Livestock Organic Compliance Initiative

• Certifier Oversight, Certifier Training, Accreditation Application Review, and Data 

Quality Awards

• Appeals

• Setting Standards for Consistent Certification 

Additional information on Import Oversight activities is in the third section of this report. 

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.

Approximately 42 percent of the 

concerns submitted through the NOP 

complaint system are actually simple questions about an operation or the organic regulations, 

which can be resolved quickly with educational information. In calendar year 2021, NOP closed 

about one-fifth of consumer concerns after confirming a farm or business was certified organic. 

In many other cases, while an allegation may have raised questions about an operation, it was 

relatively easy for staff to confirm there was no evidence of a violation of the organic rules. 

Handling these simpler inquiries as questions rather than investigations allowed the program to

dedicate more resources to complex, higher-risk investigations with more significant market

impacts. 

For cases where there is evidence of a violation of the regulations, the first goal is to bring the 

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

of our investigations are resolved when farms and businesses have fully complied with the 

organic rules. 
USDA Organic Oversight and Enforcement Update - Page 3

Examples include:

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

• A certified farm or business corrects a noncompliance.

• A certified business exits the organic market.

The outcomes of substantiated complaint investigations include a range of administrative actions, 

such as writing warning notices to support future action, posting fraudulent certificates to the 

NOP website, or filing complaints for a hearing with an Administrative Law Judge.

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 in 

appropriate cases, refer bad actors for criminal prosecution. NOP continues to rely on the 

California State Organic Program and international trading partners with equivalency 

arrangements and agreements to investigate complaints against operations in their geographic 

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

Taiwan, and the United Kingdom. 

Overview of Complaint Case Types and Case Outcomes for 2021

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.

Compliance and Enforcement Division Training

As the organic industry continues to grow, NOP has grown significantly over the last two years

through increased financial resources from Congressional and Administration support. To

support the growth in the Compliance and Enforcement Division, NOP has expanded training in

critical practices and procedures for performing complaint investigations, issuing notices of

noncompliance, the appeal process, and best practices for working with organic certifiers. 

Regularly reviewing processes and materials used in enforcement supports consistent case

management and develops expertise to increase the likelihood of violators getting caught and

increasing the cost of committing fraud in the organic market.
USDA Organic Oversight and Enforcement Update - Page 4

Modernized Customer Complaint Portal 

The online complaint portal launched in 2020 makes it easier for customers to understand what

information is needed for NOP staff to evaluate a complaint. The portal also speeds up the 

intake process by automatically entering information into the NOP COMPLIANCE database,

providing tracking information to the person filing the complaint or inquiry, and still allowing 

for anonymous reporting. About 76 percent of the complaints and inquiries filed with the NOP

are now received through the online portal. 

Domestic and International Investigations 

By investing in technology, staff, and training over the past two years, NOP has reduced the 

backlog of older complaints by nearly two-thirds. The graphic below shows the number of 

incoming complaints and inquiries, and the investigations completed each year since 2011. 

 

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 2021, there 

were 626 operations in 47 countries that lost certification through suspension or revocation. 

about 80 percent of those were in the 10 countries listed in the table below. 

Suspended and Revoked Operations by Country – 2021 

Country Count of Operations Suspended or

Revoked in 2021

United States 273

Mexico 62

Chile 40

Brazil 31

Ecuador 29

China 20

Peru 20

Thailand 15

Morocco 11

Dominican Republic 9
USDA Organic Oversight and Enforcement Update - Page 5

Note: While the number of suspended/revoked operations is highest for U.S. operations 

(43 percent of the total), U.S. operations represent 63 percent of the total count of 

certified operations. For this reason, these results do not imply that U.S. farms and 

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

Organic Livestock Compliance Initiative

This initiative is a federal boots-on-the-ground surveillance program to verify compliance with

the USDA organic livestock regulations. NOP selects operations to visit based on risk factors

including industry trends, current events, and an operation characteristics like size, location, and

compliance history. Surveillance audits cover grazing practices, feed, living conditions, animal

health practices and origin of livestock. 

Location of Onsite Audits Organic Livestock Compliance Project 

2018-2021

In 2021, NOP issued seven notices of noncompliance to certifiers for not verifying: 

• the percentage of dry matter intake obtained from pasture, 

• that all ruminants have access to pasture throughout the entire grazing season, and 

• that temporary confinement events conform to all criteria. 

NOP surveillance improves consistent application of organic practices and enforcement to

support an even playing field across the organic livestock industry and is vital to protecting 

organic producer and consumer confidence. As a result of this surveillance, the NOP has seen

significant improvements by certified organic dairy operations and certifying agents, including 

improved recordkeeping systems, increased grazing periods with less confinement of animals, 

and updated healthcare practices across organic dairy operations. Certifying agents also

improved inspection and review processes for organic dairies. 

In 2021, NOP expanded its surveillance scope to organic beef to verify the eligibility of organic 

slaughter stock. Federal auditors now visit organic auction barns and slaughterhouses to perform

traceback and mass balance exercises to verify the organic status of the animals. Initial reviews

and the results from onsite audits identified a need for additional training for certifiers to

improve consistency. 
USDA Organic Oversight and Enforcement Update - Page 6

Therefore, in January 2022, NOP conducted virtual training with certifiers on methods for

verifying that: 

• organic slaughter stock is organic from the last third of gestation, 

• cattle are fed only certified organic feed, and

• animals have access to water until slaughter. 

Now that this training is complete, the NOP will follow-up with certifiers to implement

compliance and enforcement actions where needed to bring the certifiers, and their clients, into

compliance. 

Additional livestock compliance program activities include: 

• NOP collaborated with USDA and State Agencies including AMS Livestock and Poultry 

Program, AMS Packers and Stockyards, APHIS Investigative and Enforcement Services,

Office of the Inspector General, the California State Organic Program, and various State

Departments of Agriculture. These partnerships enhance NOP’s livestock oversight 

through additional onsite audits, evidence sharing for high profile and complex

investigations, and other key activities.

• Newly hired NOP staff with livestock expertise now participate in certifier accreditation

audits. The detailed livestock review ensures consistent practices among certifiers and

uniform implementation of the USDA organic regulations across livestock producers. 

Certifier Oversight 

NOP accredits and oversees 

76 third-party certifiers that operate in 

the United States and around the world. 

Some of these certifiers maintain 

separate satellite offices that require 

separate oversight and audits. 

 

NOP continues to work closely with

certifiers to ensure their programs are

compliant with the USDA organic 

regulations and certifiers are enforcing

the organic regulations consistently all

over the world. 

The NOP’s 2021 certifier audits focused on verifying whether certifiers had a sufficient number 

of adequately trained personnel, expertise in the type of operations they were certifying, and

whether certifiers were conducting robust annual internal audits. Due to ongoing COVID-19 

travel restrictions, NOP conducted virtual audits of its accredited certifiers to ensure continuous, 

strong oversight of the certifiers. NOP auditors were able to safely complete 44 virtual audits of 

certifiers located in 13 different countries. The virtual audits are an effective and efficient tool 

for verifying a certifier’s organic control system for compliance with USDA accreditation 

requirements.

In response to COVID-19 travel restrictions, NOP 

developed new protocols to conduct accreditation

virtual audits.
USDA Organic Oversight and Enforcement Update - Page 7

In cases where a certifier fails to meet accreditation compliance criteria, NOP issues

noncompliances to the certifier. The certifier is given an opportunity to provide corrective

actions to bring their program into compliance with the USDA organic regulations. If these

corrective actions are insufficient, NOP proposes the suspension of the certifier’s accreditation. 

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

choose to enter into settlement agreements to bring the certifier back into full compliance. 

For example, after receiving feedback from NOP during audits and carefully reviewing its

administrative capacity to serve its clients, one State Department of Agriculture certifier decided

to surrender its organic certification program in 2021. The program subsequently successfully

transitioned into an outreach program that educates organic and transitioning operations within

its state on the USDA organic regulations. A second state program decided to do the same in

spring 2022. 

Accreditation Application Review

In 2021, NOP received a significant number of applications from prospective certifiers for

USDA accreditation. In response to the increased number of applications received, the NOP

established a new, risk-based accreditation application preliminary review process for verifying

three critical personnel requirements: staff qualifications, knowledge, and expertise. The new

preliminary review process allows NOP to efficiently and effectively determine whether a

certifier has the ability to implement a compliant certification program. As a result, NOP

successfully completed 17 accreditation application preliminary reviews in 2021.

Certifier Training

The Organic Integrity Learning Center, launched in April 2019, continues to provide free, ondemand, online training to support the professional development and continuing education of

certifier staff, inspectors, and compliance specialists working to protect organic integrity.

As of December 2021, there are 102 lessons across 28 courses and 11 microlearning modules

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

enforcement techniques. Examples of courses added in 2021 include: Risk-based Oversight,

Organic Regulations and Retail Labeling, International Organic Trade Arrangements, and

Organic Seed Search. As of December 2021, more than 7,500 people have accounts in the

Learning Center.

In January 2022, NOP conducted virtual training with more than 750 certifier staff and

inspectors, representing almost all domestic and international certifiers. This annual training is a

vital part of our enforcement mission to further develop certifier oversight and enforcement

capabilities. Sessions included Risk-Based Oversight, Remote Audit Framework, Livestock

Compliance Program Progress, Import Oversight and International Investigations, and Human

Capital Development. Based on feedback from certifiers, NOP plans to conduct smaller,

specialized group training and technical assistance sessions with certifiers, starting with State

certification programs in March.
USDA Organic Oversight and Enforcement Update - Page 8

Certifier Data Quality Awards

In January 2022, NOP recognized the work of 10 accredited organic certifiers for delivering high

quality data to the Organic INTEGRITY Database. Two certifiers were also recognized with a

Director's Award for outstanding contributions to work in organic certification.

Up-to-date public information about organic operations helps buyers and sellers find each other

in the marketplace, making data an 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 see the products that each farm and business has to offer.

The fifth annual Investing in INTEGRITY Data Quality Award winners were:

• CCOF Certification Services, LLC - Santa Cruz, CA

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

• Clemson University - Pendleton, SC

• Iowa Department of Agriculture and Land Stewardship - Des Moines, IA

• LACON GmbH - Offenburg, Germany

• Marin Organic Certified Agriculture - Novato, CA

• MOFGA Certification Services, LLC - Unity, ME

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

• Primus Auditing Operations - Santa Maria, CA

• Quality Certification Services - Gainesville, FL

Photo compilation of certifier staff contributing to 2021 Data Quality Awards

NOP also gave Director’s Awards to two certifiers who stood out for their consistent, effective

communication and collaboration with program 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 NOP to more effectively ensure certifiers are consistently applying the standards for

USDA certified farms and businesses located in the U.S. and around the world.

• Oregon Tilth Certified Organic (OTCO) - Corvallis, OR

• MOFGA Certification Services, LLC (MCS) - Unity, ME
USDA Organic Oversight and Enforcement Update - Page 9

Appeals 

AMS and NOP address appeals of proposed adverse actions, such as proposed suspensions and 

revocations, when the organic rules have been broken. This work is an important component of 

the program’s enforcement mission because it provides due process to organic certifiers, farms, 

and businesses; and assesses enforcement actions taken both by certifiers and the program itself.

The program received 57 appeals in 2021. The team

resolved 70 appeals during the year, a significantly

higher rate of case closures than in previous years. 

Of these, 31 percent resulted in an AMS

Administrator’s Decision upholding the certifier or

NOP proposed action. An additional 46 percent

were resolved using a settlement agreement,

designed to bring the appellant into full compliance

using alternative dispute resolution techniques. The

remaining appeals were dismissed because they were

either received after the allowable time period or the

incoming appeal was not in response to an

appealable adverse action.

Setting Standards for Consistent Certification

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

regulations. To continually improve these standards, AMS has a number of rulemaking priorities

in progress:

• Strengthening Organic Enforcement (SOE) Final Rule: In August 2020, AMS

published the SOE proposed rule to strengthen the oversight and enforcement of organic

control systems. This was needed to respond to the increasing complexity of organic

supply chains and market growth. A final rule is now in USDA review; it includes

provisions related to handler certifications, import certificates, and certifier oversight. 

The final rule will implement requirements from the 2018 Farm Bill, other provisions

informed by program experience, and several recommendations from the National

Organic Standards Board (NOSB).

• Origin of Livestock (OOL) Final Rule: In 2015, NOP published the Origin of

Livestock (OOL) proposed rule to clarify requirements for the transition of dairy animals

into organic production. The OOL rulemaking is intended to implement previous NOSB

recommendations. Two subsequent public comment periods provided valuable feedback

to the program in crafting a final rule. The final rule was published on April 5, 2022.

• Organic Livestock and Poultry Standards (OLPS): The Organic Livestock and

Poultry Practices (OLPP) final rule was originally published under Secretary Vilsack in

2017 and withdrawn under Secretary Perdue in 2018. A new proposed rule – Organic

Livestock and Poultry Standards (OLPS) – has been written and, as of May 2022, was

under review at the Office of Management and Budget (OMB). 

Settlement 

Agreement 

46% Administrator’s 

Decision 

31%

Dismissed 

23%

Distribution of 70 Appeal Closures 

for 2021
USDA Organic Oversight and Enforcement Update - Page 10

• National List of Allowed/Prohibited Substances Rules and Inert Ingredients in

Pesticides for Organic Production: Materials and ingredients that support organic crop

and livestock production and organic processors are vital for the day-to-day work of 

organic farms and businesses. In addition to ongoing rulemaking to maintain and change 

the National List in response to NOSB recommendations, AMS is finalizing an Advanced 

Notice of Proposed Rulemaking to address the use in organic production of “inert”

substances, which is currently based on Environmental Protection Agency (EPA)

regulatory reference lists that have expired. Future rulemaking is needed to update the 

National List to resolve the references to the expired EPA reference lists, to provide 

market certainty, and to maintain industry confidence in the National List process.

In addition to this rulemaking, AMS published a Regulatory Priorities Notice in Spring 2022, 

with both oral and written comment opportunities, to invite input from the organic sectors on 

upcoming standards projects. USDA will use information received through public comments to

guide the prioritization of future organic standards development. 

The NOP’s work on organic standards is supported by the 15 volunteer members who serve on 

USDA’s NOSB. The NOSB 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 is appointed to represent the interests of a 

specific area of the community, including producers, handlers/processors, certifiers, retailers,

consumers/public interest advocates, environmentalists/resource conservationists, and scientists. 

During 2021, USDA announced four new members of the Board and hosted two virtual public 

meetings to support 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 group 

was to involve USDA and U.S. Customs and Border Protection (CBP) for coordination and

information sharing related to organic imports and supply chain integrity.

The official CBP–USDA Interagency Organic Working Group, now in its third 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 training needs on organic product oversight. 

The major priorities and initiatives that the Working Group focused on in 2021 were: 

Organic Import Certificate Pilot: After completing the launch of the electronic organic import 

certificate technology in CBP’s Automated Commercial Environment (ACE), NOP worked with

U.S. Importers and Customs Brokers to successfully work through an end-to-end process for
USDA Organic Oversight and Enforcement Update - Page 11

entering import certificate data. Valuable feedback was captured from both parties as we

designed and crafted a mutually efficient workflow for both handling and processing import 

certificates. NOP also held a series of workshops with USDA organic certifiers to identify needs

for a similarly efficient process when issuing and maintaining and updating import certificates. 

When import certificates are fully implemented and mandated, the new system will provide 

critical import data to USDA, the organic sector, and consumers. 

Strengthening Organic Enforcement Rule: Government members of the Working Group 

provided valuable feedback to NOP as it developed the final version of the Strengthening 

Organic Enforcement rule. Over 10 stakeholder meetings were held this year 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, all while 

allowing NOP to capture the data necessary to fulfill Farm Bill requirements. CBP, APHIS and 

the National Customs Brokers and Freight Forwarders Association (NCBFAA) have been 

instrumental in assisting NOP with messaging on the status of the rule to their stakeholder 

networks. 

 

Commercial Targeting and Analysis Center Activity: In 

2021, the NOP continued its strong partnership with the 

Commercial Targeting and Analysis Center (CTAC) – a 

division within U.S. Customs and Border Protection. This 

law enforcement data center is based at CBP and staffed by 

13 Federal Agencies with border enforcement authority. 

This year, NOP enhanced its relationships with CBP Field 

Offices and Ports of Entry and other participating 

government agencies to increase oversight of imported 

organic commodities. CBP declared 2021 as the “Year of 

Organic” and identified Organic Agriculture as one of the 

12 Priority Trade Initiatives. This special directive 

mandated all CBP Ports of Entry to increase screening and 

detainment of organic commodities to prove authenticity. 

In the spring, NOP conducted sampling and testing of 

organic soybean meal imported into the Port of 

Baltimore. This effort identified multiple non-compliant 

shipments and led to civil penalties of over $150K. In June, 

NOP, CTAC, and CBP officers from the Port of 

NY/Newark were recognized for intercepting a large olive 

oil shipment from Turkey that inappropriately claimed to be 

organic. USDA and CBP determined this olive oil shipment 

to be deemed excluded and non-compliant with U.S. trade 

requirements for organic imports. The shipment was 

subsequently denied entry. 

National Organic Program’s Brett

Merkel and Andrew Regalado, at the

Port of Baltimore, teamed up with

multiple federal agencies to share

sampling techniques to support

investigations. 
USDA Organic Oversight and Enforcement Update - Page 12

Intellectual Property Protection: AMS received the final 

trademark approval on the USDA organic seal from the U.S. 

Patent and Trademark Office in August 2021. This key 

milestone allows the program to take the next step in 

registering the trademark with U.S. Customs and Border 

Protection and the National Intellectual Property Rights 

Coordination Center. This will further increase the number of 

Federal agencies that are helping to protect the organic seal 

and that take enforcement actions against those who use it 

illegally. 

At Right: The official Certification Mark from the U.S.

Patent and Trademark Office, officially recognizing the

USDA Organic Seal trademark.

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

between AMS and the International Trade Commission (ITC), the agency was successful this 

year increasing the number of Organic HTS Codes. HTS codes are product classification codes 

used by U.S. Customs and all other members of the World Customs Organization to classify 

goods for customs purposes. The expansion of codes allows AMS better visibility into organic 

products coming into the US and provides another tool in the enforcement toolbox. The increase 

in organic HTS codes, along with the implementation of import certificates will allow NOP to 

begin a more proactive approach to commodities entering the US. This will be the first time that 

we will receive real-time import data and be able to track commodities and importers at the same 

time. 

New Data Technology Projects: NOP continued to invest capital and resources in new

technology through the Global Organic Oversight Project. In September, NOP launched the 

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

enforcement, and operational data in visual dashboard formats. This key deployment has already

improved program reporting and increased efficiency across the program. The data warehouse 

project also lays the foundation for the new influx of import certificates that will be introduced in 

2022.

Report on Enforcement Actions

Taken on Organic Imports

The 2018 Farm Bill required that USDA and 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
USDA Organic Oversight and Enforcement Update - Page 13

• 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 

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 import certificate requirements that NOP needs to provide the detailed 

quantitative data outlined in the Farm Bill.

Import Oversight

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

NOP continues to focus on import oversight and enforcement globally by analyzing import 

trends to inform risk-based enforcement practices. Imported organic feedstuffs continued to

represent a strong portion of the U.S. organic livestock feed supply. To produce organic 

livestock or products such as organic eggs or organic milk, animals must eat only organic feed. 

Domestic production of organic livestock feed has not increased enough to keep pace with

growing demand. 

Soybeans are a primary ingredient in livestock feed. To meet the domestic demand, industry 

estimates the U.S. imports between 70-85 percent of its organic soybeans. In 2021, these

imports came primarily from the Black Sea region, Canada, Argentina, and India. 

• Trade Data Analyses: NOP uses import data to screen for activity that may require 

closer inquiry. NOP looks at the volumes and sources of imported commodities to detect

unexpected shifts in production. When indicated by data analysis, NOP opens 

surveillance of a commodity to look for fraudulent practices in the supply chain. In 2021, 

NOP continued to monitor trade flows and investigate operations worldwide related to

livestock feed to ensure that overseas growers, handlers, and exporters are following the 

organic regulations so that product fraudulently represented as organic doesn’t disrupt the 

U.S. organic market and create a competitive disadvantage for organic operations that

play by the rules. Strong oversight of the market for livestock feed deters fraud and

supports fair competition and prices that accurately respond to supply and demand.

U.S. Imports of Organic Soy ($) – 2020 vs 2021

2020 2021 (Jan 1-Sept 30) 

 
USDA Organic Oversight and Enforcement Update - Page 14

• Yield Analysis Training: NOP added a new course, Conducting Yield Analysis, to the

Organic Integrity Learning Center (OILC) in June 2021. Yield Analysis is a critical tool

to determine the feasibility of reported organic yields. Discrepancies where the

operation’s reported organic yield is higher than the estimated organic baseline may be an

indicator of organic fraud. The course is intended for certifiers and inspectors and

explains how to conduct and evaluate a yield analysis using hands-on exercises.

• Black Sea Yield Analysis: In 2021, NOP concluded a yield analysis of organic grains

grown in the Black Sea region. This work was undertaken due to the increased volume

of imported organic grains, the number of newly certified operations, and prior

compliance issues in that region. NOP estimated the expected organic yields for

soybeans, sunflower, wheat, and corn grown in Russia, Ukraine, and Kazakhstan using

historical yield data for conventional grains. The yield analysis found that multiple

organic operations in the Black Sea region reported crop yields that are significantly

higher than expected or feasible for organic production. As a result, NOP pivoted to

evaluate certification practices for operations in this region. 

• Certifier-Specific Audit: The Compliance & Enforcement Division participated in

NOP’s compliance audit of the certifier responsible for certifying nearly 40 percent of the

crop operations in Russia, Ukraine, and Kazakhstan. The audit focused on the certifier’s

ability to trace products from shipping point back to the farm plot and the certifier’s use

of yield analyses for their certified operations. NOP also examined potential

explanations for high crop yields and learned about data challenges for yield analysis in

that region. NOP will continue to monitor certifier performance and additional risk

indicators associated with organic imports from the Black Sea region.

• Country-Commodity Studies: In 2021, NOP concluded surveillance on pineapples from 

Costa Rica and sugar from Colombia; these studies did not reveal any conclusive 

evidence of organic fraud. NOP surveillance of blueberries from Mexico and olive oil 

from Turkey is ongoing. NOP continues to monitor commodities for potential 

surveillance and uses the findings to inform subsequent audits and investigations.

Investigation Highlight: India Oversight

In 2021, NOP collected samples of soybean meal from an organic grain broker that imported

over $4.5 million of organic-labeled soy and soy products from India. The NOP consulted

experts with the AMS Federal Grain Inspection Service (FGIS) and AMS Science and

Technology (S&T) on sampling approach and techniques. NOP also coordinated with

enforcement officers at U.S. Customs and Border Protection to secure access to restricted port

sites. The samples were collected at a major port of entry and analyzed by AMS S&T labs in

Gastonia, NC. The lab results confirmed the presence of residues of prohibited substances at

violative levels in the soybean meal samples, in addition to the presence of genetically modified

organism (GMO) traits. This led to a negotiated settlement agreement and a $155,000 civil

penalty for the violative importer. The agreement required the importer to perform residue tests

Notes: Graph includes organic soybeans, organic soy meal and cake, and soy cake and

meal. Due to data availability, these statistics reflect data only through September 2021.

Source: USDA Foreign Agricultural Service’s Global Agricultural Trade System Database.
USDA Organic Oversight and Enforcement Update - Page 15

for all incoming shipments from its soybean suppliers in India and provide results to NOP. In

addition to crucial data for supply chain surveillance, NOP has solidified a process, partners, and

tools for investigations of imported products that will help with future investigations. 

Fumigation Update 

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

the existing CBP import system and the upcoming organic import certificates. This will allow

organic shipments that undergo fumigation to be immediately flagged. Concurrently, APHIS is

working with CBP to facilitate stronger data partnerships. 

In 2021, a small percentage of shipments of imported organic food, fewer than 100, were

reported as fumigated on entry to the United States. Fumigated products are not eligible to be 

sold as organic. NOP has trained certifiers on requirements for removing organic labels from

fumigated products. USDA investigations indicate that many of the fumigated commodities

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

data and the current exemptions/exclusions in the USDA organic regulations related to organic 

traders, USDA cannot conclusively determine the ultimate labeling and sale of these imports. 

This is another area where the Strengthening Organic Enforcement rule, accompanied by 

technology development, is expected to significantly impact NOP’s ability to oversee the market.

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

in 2021 and their originating countries. Approximately 11 kinds of organic products were

fumigated in 2021; nearly all were fruits or vegetables. The top four fumigated items were

herbs, bananas, celery, and garlic bulbs. Similar to prior years, most fumigated organic imports

came from Central and South America. This region was the largest supplier of organic imports

to the United States, particularly fresh produce. 

Colombia was the biggest source of organic imports fumigated at U.S. ports, accounting for most 

of the organic herb imports. Fumigated bananas came from Costa Rica, Ecuador, and Honduras. 

Mexico supplied the fumigated celery. Once the Strengthening Organic Enforcement rule is

finalized, the proposed expanded authorities over handlers brokering imported organic products 

will ensure additional controls on fumigated imports. 
USDA Organic Oversight and Enforcement Update - Page 16

Organic Imports Commonly Fumigated at U.S. Ports – 2021

(Not Eligible for Organic Sale Post-Fumigation)

Origin of Organic Products Fumigated at U.S. Ports – 2021

(Not Eligible for Organic Sale Post-Fumigation)

Global Organic Control Systems: Equivalency and Recognition 

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

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

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

and recognition with New Zealand and Israel. Recent activities include: 

• In 2021, NOP met with authorities from all nine of its 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.

Honduras 

Guatemala 

Ecuador 

Dominican Republic 

Pears Plants Bamboo 

Panama Brazi l Chile China 

Cauliflower 

Celery 

Flowers 

Garlic 

Ginger 
USDA Organic Oversight and Enforcement Update - Page 17

• NOP’s International Activities Division, which maintains and conducts periodic reviews

of organic trade arrangements, also brings its expertise to USDA certifier audits. The

International team’s participation in certifier audits ensures certifier and operators’

conformance with trade arrangement requirements. As a result of this approach, NOP

has identified areas of noncompliance, and certifiers are implementing corrective actions

to ensure compliant trade under organic equivalence and recognition.

• Under organic trade arrangements, NOP and the foreign government refer complaints to

each other that involve products traded under each arrangement. NOP’s International

Activities Division continues to monitor and ensure closure of complaint referrals and

follows up to obtain closure on complaints referred to other countries. Referral,

investigation, and closure of international complaint referrals supports a global organic

control system with greater oversight.

The success of organic trade arrangements requires strong oversight and enforcement by both

participant countries. In January 2021, AMS announced it is ending U.S.-India organic

recognition, which has been in place since 2006. This action was necessary because NOP audits

consistently found India’s organic control system to be insufficient to protect the integrity of the

USDA organic seal. AMS’s announcement started an 18-month transition period, which allows

organic operations previously certified by India-accredited certifiers to continue exporting

organic goods from India to the U.S. if they applied to a USDA-accredited certifier by July 12,

2021. More than 2,000 operations met this first deadline. These operations must complete

USDA certification by July 12, 2022, bringing those organic operations previously certified by

India-accredited certifiers into direct certification and oversight by USDA-accredited certifiers.

AMS and USDA’s Foreign Agricultural Service (FAS) have been working to ensure a smooth

transition of India operations to direct USDA oversight through coordination with certifiers and

Indian authorities. The agencies have also been monitoring enforcement actions by India and the

European Union (EU) to avoid disruptions of legitimate organic exports and inform future

USDA oversight activities.

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.