United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 18-1

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 18-1 Impact of Fumigation and Irradiation Requirements on Organic Imports Rev02 03 20 24

Policy Memorandum

To: Stakeholders and Interested Parties 

From: Jennifer Tucker, Deputy Administrator

Subject: Impact of Fumigation and Irradiation Requirements on Organic Imports 

Date: July 31, 2018 

Updated March 20, 2024 

This memo is directed at USDA accredited certifiers, certified organic handlers, and also 

operations that are exempt from certification, as a reminder of the impact of phytosanitary 

requirements on organic products. In cooperation with the USDA Animal and Plant Health 

Inspection Service (APHIS) and other federal agencies, the Agricultural Marketing Service 

(AMS) enforces the USDA organic regulations for domestic and imported organic agricultural 

products through the National Organic Program (NOP). APHIS sets requirements for the 

treatment of imports which could carry exotic pests or diseases. This memo outlines the impact 

of APHIS regulations on the eligibility of products for import into the United States and further 

sale as organic.

Certifiers and importers are reminded that fumigation with a prohibited substance renders 

products ineligible for future sale as organic in the United States – and all known fumigants are 

prohibited for use under the USDA organic regulations (7 CFR part 205). Irradiation also renders 

a product ineligible for sale, labeling, or representation as organic in the U.S. 

APHIS’ Role

Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) 

safeguards U.S. agriculture and natural resources against the entry, establishment, and spread of 

economically and environmentally significant pests into and within the United States, and 

facilitates the safe trade of agricultural products within the U.S. Pursuant to the statutory 

authority of the Plant Protection Act, 7 U.S.C. 7001 et seq., APHIS prohibits commodities with 

phytosanitary risk from entering the U.S., regardless of conventional or organic production. 

AMS continues to work collaboratively with APHIS PPQ to ensure that organic certifiers are 

aware of APHIS entry requirements and to ensure that certificates are issued only for those plant 

and plant products that are allowed entry into the United States in accordance with APHIS 

regulations. 

APHIS Import Requirements 
United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 18-1

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 18-1 Impact of Fumigation and Irradiation Requirements on Organic Imports Rev02 03 20 24

APHIS establishes import requirements for live plants and plant products, such as fruits, 

vegetables, soil, and seeds, because they could introduce exotic pests and diseases not known to 

occur in the United States. Certain commodities require treatment as a mandatory condition of 

entry into the United States. Other shipments of regulated agricultural commodities are 

inspected for compliance with APHIS regulations by U.S. Customs and Border Protection 

Agriculture Specialists (CBPAS) at U.S. ports of entry. When a CBPAS intercepts a pest during 

an agricultural inspection, he or she submits the finding to APHIS for identification and a risk 

determination. If APHIS determines that the pest poses a threat to the United States, APHIS may 

require the shipment to be treated, re-exported, or destroyed. APHIS establishes treatment

requirements for commodities infested with pests. 

Fumigation and Irradiation Notification Process 

Prior to treating any product due to a pest detection, CBP will notify the responsible parties 

about the status of the shipment and provide mitigation options, including re-exporting, treating 

or destroying the shipment. If the responsible party elects to treat the shipment, treatment may 

involve fumigation with substances such as methyl bromide or ionizing radiation, both of which 

are prohibited for use in the handling of organic agricultural products. These treatments affect 

the organic status of imported agricultural products, when:

1. the product is fumigated using a prohibited substance and that product comes into 

contact with the fumigating agent;

1

 or 

2. the product, in any instance, undergoes treatment using ionizing radiation. 

In both cases, imported food products may not be sold, labeled or represented as having been 

organically produced or handled. The sale or labeling of treated products as organically produced 

or handled may result in compliance actions against certified operations, as well as monetary

civil penalties for knowing violations by any person. Treatments are documented by APHIS and 

CBP through phytosanitary certificates, fumigation records, and/or Emergency Action 

Notifications. NOP also receives notifications for fumigated fruits, vegetables, grains, and 

oilseeds that may have been declared or labeled as organic and imported from various countries. 

These include products fumigated as a condition of entry. 

Upon receiving a shipment with organic agricultural products, the organic importer must ensure 

the import is accompanied by accurate NOP Import Certificate data and must verify that the 

shipment has had no contact with prohibited substances pursuant to § 205.272 or exposure to 

ionizing radiation pursuant to § 205.105, since export. The organic importer must have a 

documented organic control system to conduct this verification. (7 CFR 205.273(d)) 

The NOP will continue to work with APHIS and other federal partners to ensure the integrity of 

organic products around the world. Our efforts seek to enhance notifications to trade, improve 

identification of organic imports, and support increased transparency through data analysis. 

1 For example, products whose packaging may be infested with a plant pest but are themselves fully enclosed in a 

sealed container at the time of fumigation would not come into contact with a fumigant. 
United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 18-1

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 18-1 Impact of Fumigation and Irradiation Requirements on Organic Imports Rev02 03 20 24

References 

Organic Foods Productions Act of 1990, as amended 

7 U.S.C. 6505 Compliance Requirements 

(A) A person may sell or label an agricultural product as organically produced only if 

such product is produced and handled in accordance with this chapter; and 

(B) no person may affix a label to, or provide other market information concerning, an 

agricultural product if such label or information implies, directly or indirectly, that such 

product is produced and handled using organic methods, except in accordance with this 

chapter. 

USDA Organic Regulations (7 CFR Part 205)

§ 205.100 What has to be certified. 

(c) Any person or responsibly connected person that: 

(1) Knowingly sells or labels a product as organic, except in accordance with the 

Act, shall be subject to a civil penalty of not more than the amount specified 

in § 3.91(b)(1) of this title per violation. 

§ 205.101 Exemptions from certification. 

§ 205.105 Allowed and prohibited substances, methods, and ingredients in organic production 

and handling. 

To be sold or labeled as “100 percent organic,” “organic,” or “made with organic (specified 

ingredients or food group(s)),” the product must be produced and handled without the use of: 

(a) Synthetic substances and ingredients, except as provided in § 205.601 or § 205.603. 

... 

(f) Ionizing radiation, as described in Food and Drug Administration regulation, 21 CFR 

179.26. 

§ 205.272 Commingling and contact with prohibited substance prevention practice standard. 

(a) The handler of an organic handling operation must implement measures necessary to 

prevent the commingling of organic and nonorganic products and protect organic 

products from contact with prohibited substances. 
United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 18-1

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 18-1 Impact of Fumigation and Irradiation Requirements on Organic Imports Rev02 03 20 24

(b) The following are prohibited for use in the handling of any organically produced 

agricultural product or ingredient labeled in accordance with subpart D of this part: 

(1) Packaging materials, and storage containers, or bins that contain a synthetic 

fungicide, preservative, or fumigant; 

(2) The use or reuse of any bag or container that has been in contact with any 

substance in such a manner as to compromise the organic integrity of any 

organically produced product or ingredient placed in those containers, unless such 

reusable bag or container has been thoroughly cleaned and poses no risk of 

contact of the organically produced product or ingredient with the substance used. 

§ 205.273 Imports to the United States.

(d) Upon receiving a shipment with organic agricultural products, the organic importer 

must ensure the import is accompanied by accurate NOP Import Certificate data and must 

verify that the shipment has had no contact with prohibited substances pursuant to 

§ 205.272 or exposure to ionizing radiation pursuant to § 205.105, since export. The 

organic importer must have a documented organic control system to conduct this 

verification.

National List of Allowed and Prohibited Substances

The National List of Allowed and Prohibited Substances—a portion of the USDA organic 

regulations—identifies the synthetic substances that may be used and the nonsynthetic (natural) 

substances that may not be used in organic crop and livestock production. In addition, it 

identifies a limited number of non-organic substances that may be used in or on processed 

organic products. 

https://www.ams.usda.gov/rules-regulations/organic/national-list

7 U.S.C. 7701 Plant Protection Act 

Congress finds that— 

(1) the detection, control, eradication, suppression, prevention, or retardation of the 

spread of plant pests or noxious weeds is necessary for the protection of the agriculture, 

environment, and economy of the United States; 

(2) biological control is often a desirable, low-risk means of ridding crops and other 

plants of plant pests and noxious weeds, and its use should be facilitated by the 

Department of Agriculture, other Federal agencies, and States whenever feasible;
United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 18-1

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 18-1 Impact of Fumigation and Irradiation Requirements on Organic Imports Rev02 03 20 24

(3) it is the responsibility of the Secretary to facilitate exports, imports, and interstate 

commerce in agricultural products and other commodities that pose a risk of harboring 

plant pests or noxious weeds in ways that will reduce, to the extent practicable, as 

determined by the Secretary, the risk of dissemination of plant pests or noxious weeds. 

APHIS Guidance Documents

Certifiers can determine which plants and plant products are allowed entry into the United States 

by reviewing various APHIS guidance documents, such as the Agricultural Commodity Import 

Requirements (ACIR) database and the Plants for Planting Manual: 

1. The Agricultural Commodity Import Requirements (ACIR) database provides a simple 

search interface for finding and displaying import requirements for agricultural 

commodities.

2. The Plants for Planting Manual is used for regulating imported material of plants and 

vegetative parts that are capable of propagation. 

Alternatively, certifiers can contact APHIS’ Permit Services Call Center for guidance and 

information about entry requirements by calling toll-free (877) 770-5990. Certifiers can also 

contact the Call Center by email at plantproducts.permits@usda.gov.