Strengthening Organic Enforcement (SOE) Final Rule

The Strengthening Organic Enforcement (SOE) final rule reduces fraud in 

the organic marketplace; strengthens oversight of organic producers, 

handlers, and certifiers; and improves USDA’s enforcement mechanisms. 

USDA used public comments to refine this final rule and maximize benefit 

to the organic industry.

Why is SOE Needed?

Organic supply chains have become 

increasingly complex, reducing transparency 

in the market and leading to documented 

cases of organic fraud.

Who is Impacted by SOE?

 USDA accredited 

certifying agents

 Organic inspectors

 Producers

 Processors

 Brokers, traders, 

exporters, and 

importers who are 

not certified 

organic

What Does SOE Do?

The SOE rule protects organic 

integrity and bolsters consumer 

confidence in the USDA organic seal.

The final SOE rule:

Reduces the number of 

uncertified entities in the organic 

supply chain.

Requires use of electronic 

import certificates.

Strengthens recordkeeping and 

supply chain traceability.

Clarifies AMS’s authority to 

oversee and enforce organic trade.

Strengthens oversight of 

accredited certifying agents.

SOE History

Proposed Rule

SOE implements three provisions from 

the 2018 Farm Bill.

SOE implements many National Organic 

Standards Board recommendations.

Published as proposed rule in October 

2020.

Public Comment

60-day public comment period.

1,525 comments received.

Final Rule

Policy updated based on public comment.

Final rule published in January 2023.

Enforcement

14-month implementation period.

How Does the Industry Benefit?

 Stronger tools and processes that help 

ensure compliance.

 Robust and consistent enforcement of 

the organic regulations.

 Improved farm to market traceability.

 Strong consumer and farmer trust in the 

organic label.

 Level playing field for organic farms and 

businesses.

www.ams.usda.gov/rules-regulations/strengthening-organic-enforcement

USDA is an equal opportunity provider, employer, and lender
Strengthening Organic Enforcement (SOE) Final Rule

SOE implements provisions from the 2018 Farm Bill

Reduces the types of 

uncertified entities in the 

organic supply chain that 

operate without USDA 

oversight—including 

importers, traders, and 

certain brokers of 

organic products.

Requires the use of NOP 

Import Certificates for all 

organic products entering the 

United States, expanding the 

use of certificates already in 

use and improving oversight 

and traceability of imported 

organic products.

Clarifies the NOP’s 

authority to oversee 

certification activities, 

including requiring 

certifying agents to notify 

the NOP upon opening a 

new office. 

SOE implements best practices and NOSB recommendations that 

further strengthen organic enforcement and fraud prevention

 Requires certified operations to 

develop and implement 

improved recordkeeping and 

organic fraud prevention 

procedures, conduct supply 

chain traceability audits, and 

develop information-sharing 

processes.

 Requires that nonretail 

containers used to ship or store 

organic products are labeled 

with organic identity and are 

traceable to auditable records.

 Clarifies how certified 

operations may submit 

changes to their organic system 

plan, reducing paperwork 

burden for operations and 

certifying agents.

 Clarifies how to calculate the 

percentage of organic 

ingredients in a multiingredient product, promoting 

consistent interpretation and 

application of the regulations.

 Requires certifying agents to issue standardized 

operation certificates generated from the USDA’s 

Organic Integrity Database (OID), simplifying the 

verification of valid certificates of organic 

operation.

 Establishes specific qualifications and training 

requirements for certifying agent personnel, 

including inspectors and certification reviewers.

 Requires certifying agents to conduct 

unannounced inspections of at least 5% of the 

operations they certify, complete mass-balance 

audits during annual on-site inspections, and 

verify traceability back to the previous certified 

operation in the supply chain during inspections.

 Establishes certification requirements for 

producer group operations (grower groups) that 

provide consistent, enforceable standards and 

ensure compliance with the organic regulations.

 Clarifies conditions and requirements for 

equivalence determinations with foreign 

government organic programs.

 Clarifies that the NOP may initiate enforcement 

action against uncertified operations.

 Clarifies the NOP appeals process and using 

mediation as alternate dispute resolution.

www.ams.usda.gov/rules-regulations/strengthening-organic-enforcement

USDA is an equal opportunity provider, employer, and lender