Spreadsheet: 0ce36d0b-7cd3-4562-973f-2c0db094533b
Sheet: Labeling

 | General Standards | Summary of Provision | Minor Issues – Conditions for Continued Certification | Noncompliances – Notice of Noncompliance - Denial of Initial Certification | Major Noncompliances – Denial or Proposed  Suspension of Certification | Major Noncompliances – Denial or Proposed Revocation of Certification
 | 205.300 Use of the term "organic"
 | 205.300(a) The term "organic"
 | 205.300(b) Products for export | Products for export, produced and certified to foreign national organic standards or foreign contract buyer requirements, may be labeled in accordance with the organic labeling requirements of the receiving country or contract buyer, provided that the shipping containers and shipping documents meet the labeling requirements specified in §205.307(c). | Poorly organized export and marking records. | Labeling a product that was produced to a foreign country's standard as "organic" without also marking it as "for export only." | Repeated and willful labeling of a product produced to another country's standard as "organic" without also marking it as "for export only." One year suspension. | Falsifying records to conceal improper labeling of nonorganic agricultural products as "organic" and "for export only."
 | 205.300(c) Imports | Products produced in a foreign country and exported for sale in the United States must be certified pursuant to subpart E (§205.400 to 406) and labeled pursuant to subpart D (§205.300 to 311). | ● Incomplete documentation of use of an imported product.  ● Incomplete paperwork to demonstrate compliance for some production lots. | Use of imported product that was certified only to a foreign standard in the formulation of an NOP-certified organic product . No material noncompliance. | ● Willful relabeling and sale of an imported product that is certified only to foreign organic standard as an NOP organic product.  ● Use of an imported product that is certified only to a foreign standard as an ingredient in an NOP-certified organic product, resulting in material noncompliance. One year suspension. | Falsifying records to conceal misrepresentation of imported product that is certified only to a foreign standard as an NOP-certified organic product.
 | 205.300(d) Livestock feeds | Livestock feeds produced in accordance with the requirements of the National Organic Program (7 CFR 205) must be labeled in accordance with the requirements of §205.306. | Improper font size, formatting, or positioning of certifier information. | Use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label | Failure to address notice of noncompliance regarding incorrect color used in USDA seal.One year suspension. | Fraudulent concealment of representation of a nonorganic livestock feed product as having been certified organic by a certifying agent.
 | 205.301 Product composition
 | 205.301(a) "100% organic" product claims | A raw or processed agricultural product sold, labeled, or represented as “100% organic” must contain (by weight or fluid volume, excluding water and salt) 100% organically produced ingredients. If labeled as organically produced, such product must be labeled pursuant to §205.303. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional labeling of an agricultural product as "100% organic" when it  contains less than 100% organic ingredients. | Willful representation of an agricultural product as "100% organic" when it contains less than 100% organic ingredients. One year suspension. | Falsifying records to conceal representation of an agricultural product as "100% organic" when it contains less than 100% organic ingredients.
 | 205.301(b) "Organic" product claims | A raw or processed agricultural product sold, labeled, or represented as “organic” must contain (by weight or fluid volume, excluding water and salt) not less than 95% organically produced raw or processed agricultural products. Any remaining product ingredients must be organically produced, unless not commercially available in organic form, or must be nonagricultural substances or nonorganically produced agricultural products produced consistent with the National List. If labeled as organically produced, such product must be labeled pursuant to §205.303. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional labeling of an agricultural product as "organic" when it contains less than 95% organic ingredients. | Willful labeling of an agricultural product as "organic" when it contains less than 95% organic ingredients. One year suspension. | Falsifying ingredient lists to conceal labeling as "organic" an agricultural product containing less than 95% organic ingredients.
 | 205.301(c) "Made with organic ingredients" product claim | Multi-ingredient agricultural product sold, labeled, or represented as “made with organic (specified ingredients or food group(s))” must contain at least 70% organically produced ingredients that are produced and handled pursuant to requirements in subpart C (§205.200 to 290). No ingredients may be produced using prohibited practices specified in paragraphs §205.301(f)(1), (2), and (3).  Nonorganic ingredients may be produced without regard to paragraphs (f)(4), (5), (6), and (7) of §205.301. If labeled as containing organically produced ingredients or food groups, such product must be labeled pursuant to §205.304. | Failure to obtain approval of certifying agent prior to labeling of product but no material labeling violations. | Failure to get label approved by certifying agent, resulting in sale of a multi-ingredient product with less than 70% organic ingredients using labels describing the product as "made with organic...." | Deliberate sale of a multi-ingredient product with less than 70% organic ingredients using labels describing the product as "made with organic….” One year suspension. | Falsification of ingredient list to conceal misrepresentation of a multi-ingredient product with less than 70% organic ingredients using labels describing the product as "made with organic….”
 | 205.301(d) Less than 70% organic product claims | The organic ingredients in multi-ingredient agricultural products containing less than 70% organically produced ingredients must be produced and handled pursuant to requirements in subpart C (§205.200 to 290). The nonorganic ingredients may be produced and handled without regard to the requirements of this part. Multi-ingredient agricultural products containing less than 70% organically produced ingredients may represent the organic nature of the product only as provided in §205.305. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional sale of agricultural products with less than 70% organic ingredients using labels displaying USDA seal. | Failure to address notice of noncompliance regarding accidental sale of agricultural products with less than 70% organic ingredients using labels displaying USDA seal. One year suspension. | Willful and repeated sales of agricultural products with less than 70% organic ingredients using labels displaying USDA seal.
 | 205.301(e)(1) 100% Livestock feed | A raw or processed livestock feed product sold, labeled, or represented as “100% organic” must contain not less than 100% organically produced raw or processed agricultural product. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional labeling of a livestock feed product containing less than 100% organic agricultural products with labels describing product as "100% organic." | Willful labeling of a livestock feed product containing less than 100% organic agricultural products with labels describing product as "100% organic." One year suspension. | Fraudulent concealment of representation of a livestock feed product containing less than 100% organic agricultural products with labels describing product as "100% organic."
 | 205.301(e)(2) Organic livestock feed | A raw or processed livestock feed product sold, labeled, or represented as “organic” must be produced in conformance with §205.237. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional sale of a livestock feed product incorrectly labeled as "organic." | Willful representation of a livestock feed product incorrectly labeled as "organic." One year suspension. | Falsification of records to conceal representation of a nonorganic livestock feed product as "organic."
 | 205.301(f)(1) - (3) Excluded methods, sewage sludge, ionizing radiation | All products labeled as “100% organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not: (1) be produced using excluded methods, pursuant to §201.105(e); (2) be produced using sewage sludge, pursuant to §201.105(f); or (3) be processed using ionizing radiation, pursuant to §201.105(g). | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional labeling of a product produced with excluded methods with labels describing product as "100% organic" or "organic." | Willful labeling of a product produced with excluded methods with labels describing product as "100% organic" or "organic." One year suspension. | Fraudulent concealment of labeling of a product produced with excluded methods with labels describing product as "100% organic" or "organic."
 | 205.301(f)(4) Processing aids | All products labeled as “100% organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not be processed using processing aids not approved on the National List of Allowed and Prohibited Substances, except that products labeled as “100% organic,” if processed, must be processed using organically produced processing aids. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional sale of a product produced with unapproved processing aids with label that incorrectly describes product as "100% organic" or "organic." | Willful sale of a product produced with unapproved processing aids with label that incorrectly describes product as "100% organic" or "organic." One year suspension. | Fraudulent concealment of incorrect labeling of a product produced with unapproved processing aids with label that describes product as "100% organic" or "organic."
 | 205.301(f)(5) Sulfites, nitrates, nitrites | All products labeled as “100% organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not contain sulfites, nitrates, or nitrites added during the production or handling process, except that wine containing added sulfites may be labeled “made with organic grapes.” | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional labeling of a product produced with sulfites, nitrates, or nitrites with labels describing product as "100% organic" or "organic." | Willful labeling of a product produced with sulfites, nitrates, or nitrites with labels describing product as "100% organic" or "organic." One year suspension. | Fraudulent concealment of incorrect labeling of a product produced with sulfites, nitrates, or nitrites with labels describing product as "100% organic" or "organic."
 | 205.301(f)(6) - (7) Non-organic ingredients | All products labeled as “100% organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not: (6) be produced using nonorganic ingredients when organic ingredients are available; or (7) include organic and nonorganic forms of the same ingredient. | Incomplete documentation of search for organic versions of ingredients. | Unintentional labeling of a product produced with organic and nonorganic forms of the same ingredient with labels describing that ingredient as "organic." | Willful labeling of a product produced with organic and nonorganic forms of the same ingredient with labels describing that ingredient as "organic." One year suspension. | Falsification of formulations to conceal incorrect labeling of a product produced with organic and nonorganic forms of the same ingredient with labels describing product as "100% organic" or "organic."
 | 205.302 Calculating the percentage of organically produced ingredients
 | 205.302(a)(1) - (3) Calculating percentages | The percentage of all organically produced ingredients in an agricultural product sold, labeled, or represented as “100% organic,” “organic,” or “made with organic (specified ingredients or food group(s)),” or that include organic ingredients must be calculated according to the specified methods. | Poorly organized records of amounts of organic and nonorganic ingredients used in production lots. | Mislabeling of product resulting from unintentional deviation from specified methods of calculating percentage of all organically produced ingredients in an agricultural product. | Willful deviation from specified methods of calculating percentage of all organically produced ingredients in an agricultural product. One year suspension. | Fraudulent alteration of records to conceal deviation from specified methods of calculating percentage of organically produced ingredients in an agricultural product.
 | 205.302(b) Rounding down | The percentage of all organically produced ingredients in an agricultural product must be rounded down to the nearest whole number. | Poorly organized records of amounts of organic and nonorganic ingredients used in production lots. | Mislabeling of product resulting from errors in rounding of percentage of organically produced ingredients. | Willful rounding up of percentage of all organically produced ingredients in an agricultural product. One year suspension. | Fraduluent alteration of records to conceal incorrect calculation of percentage of organically produced ingredients in an agricultural product.
 | 205.302(c) Determination of percentages | The percentage must be determined by the handler who affixes the label on the consumer package and verified by the certifying agent of the handler. The handler may use information provided by the certified operation in determining the percentage. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Someone other than the handler who applied label determined the percentage of organic ingredients. | Failure to correct violations upon notification of noncompliance. One year suspension. | Falsification of information relating to percentage of organic content.
 | 205.303 Packaged products labeled "100 percent organic" or "organic"
 | 205.303(a) Terms of display for 100% organic and organic products Agricultural products in packages described in §205.301(a) and (b) may display on the principal display panel, information panel, and any other panel of the package and on any labeling or market information concerning the product, the following:
 | 205.303(a)(1) | (1) The term, “100 percent organic” or “organic,” as applicable, to modify the name of the product;  and | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional representation of a product containing less than 100% organic ingredients with packaging describing product as "100% organic." | Willful representation of a product containing less than 100% organic ingredients with packaging describing product as "100% organic." One year suspension. | Falsification of records to conceal sale of a product containing less than 100% organic ingredients with packaging describing product as "100% organic."
 | 205.303(a)(2) | (2) For products labeled “organic,” the percentage of organic ingredients in the product (the size of the percentage statement must not exceed one-half the size of the largest type size on the panel on which the statement is displayed and must appear in its entirety in the same type size, style, and color without highlighting.); | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Incorrect font size or use of highlighting for percentage statement on packaging of products labeled as "organic." | Failure to address notice of noncompliance regarding incorrect font size or use of highlighting for percentage statement on packaging of products labeled as "organic." One year suspension. | Falsifying formulation to conceal misrepresentation of nonorganic ingredients as "organic" to increase percentage of organic ingredients for a product.
 | 205.303(a)(3) | (3) The term “organic” to identify the organic ingredients in multi-ingredient products labeled “100% organic.” | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in packaging improperly identifying nonorganic ingredients as "organic." | Willful use of packaging improperly identifying nonorganic ingredients as "organic." One year suspension. | Fraduluent alteration of records to conceal misrepresentation of nonorganic ingredients as "organic."
 | 205.303(a)(4) Use of USDA seal | (4) the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Incorrect color used for USDA organic seal. | Failure to address notice of noncompliance regarding sale of packaged products with labels improperly displaying USDA seal. One year suspension. | Deliberate sale of nonorganic  product with labels displaying USDA seal.
 | 205.303(a)(5) Use of seal or logo of certifying agents | (5) the seal, logo, or other identifying mark of the certifying agent which certified the production or handling operation producing the finished product and any other certifying agent that certified production or handling operations producing raw organic product or organic ingredients used in the finished product, provided that the handler producing the finished product maintain records, pursuant to this part, verifying organic certification of the operations producing such ingredients, and that such seals or marks are not individually displayed more prominently than the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label. | Failure to address notice of noncompliance regarding use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label. One year suspension. | Willful packaging of nonorganic products with packaging showing the seal or logo of a certifying agent.
 | 205.303(b)(1) Identification of organic on ingredient statement | Agricultural products that are labeled “organic" must identify each organic ingredient in the ingredient statement with the word “organic” or with an asterisk or other reference mark that is defined below the ingredient statement to indicate the ingredient is organically produced. Water or salt included as ingredients cannot be identified as organic. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in use of packaging with incomplete identification of organic ingredients. | Willful use of packaging with incomplete identification of organic ingredients. One year suspension. | Falsifying records to conceal misrepresentation of nonorganic ingredients as "organic."
 | 205.303(b)(2) Certifier information | Agricultural products in packages described in § 205.301(a) and (b) must identify, on the information panel below the information identifying the handler or distributor of the product and preceded by "Certified organic by..." or similar phrase, the name of the certifying agent that certified the handler of the finished product and may display the business address, Internet address, or telephone number of the certifying agent in such label. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in use of packaging with incorrect placement of the certifier’s name and contact information on the product label. | Deliberate use of packaging with incorrect placement of the certifier’s name and contact information on the product label. One year suspension. | Willful sale of nonorganic products with packaging showing the name and contact information of a certifying agent.
 | 205.304 Packaged products labeled "made with organic" (specified ingredients or food group(s)):
 | 205.304(a)(1) Label claims | Agricultural products in packages described in §205.301(c) may display the statement: (i) “Made with organic (specified ingredients),” provided that the statement does not list more than three organically produced ingredients; or (ii) “Made with organic (specified food groups),” provided that the statement does not list more than three of the following food groups: beans, fish, fruits, grains, herbs, meats, nuts, oils, poultry, seeds, spices, sweeteners, and vegetables or processed milk products; and, provided further that all ingredients of each listed food group in the product must be organically produced. (iii) The statement must appear in letters that do not exceed one-half the size of the largest type size on the panel and must appear in its entirety in the same type size, style, and color without highlighting. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | ● Failure to have labels approved by certifying agent, resulting in packaging with incorrect sizing of the "made with organic…" statement. ● Listing of a food group in "made with organic…" statement that is not listed in 205.304(a)(1). | Failure to address notice of noncompliance regarding use of packaging with incorrect sizing of "made with organic…" statement. One year suspension. | ● Willful and repeated sales of multi-ingredient agricultural products using labels with incorrect sizing of "made with organic…" statement. ● Willfully deceptive labeling practices.
 | 205.304(a)(2) Percentage declaration | Agricultural products in packages described in §205.301(c) may display the percentage of organic ingredients in the product, provided that the size of the percentage statement does not exceed one-half the size of the largest type size on the panel on which the statement is displayed and that it appears in its entirety in the same type size, style, and color without highlighting. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional sale of multi-ingredient agricultural products using labels with incorrect sizing of percentage statement. | Failure to address notice of noncompliance regarding sale of multi-ingredient agricultural products using labels with incorrect sizing of percentage statement. One year suspension. | ● Willful and repeated sales of multi-ingredient agricultural products using labels with incorrect sizing of percentage statement. ● Willfully deceptive labeling practices.
 | 205.304(a)(3) Seal use | Agricultural products in packages described in §205.301(c) may display the seal, logo, or other identifying mark of the certifying agent that certified the handler of the finished product. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label. | Failure to address notice of noncompliance regarding incorrect sizing of certifier’s seal or logo on the product label. One year suspension. | Willful packaging of nonorganic products with packaging showing the seal or logo of a certifying agent.
 | 205.304(b)(1) Identification of organic on ingredient statement | Agricultural products in packages described in §205.301(c) must, in the ingredient statement, identify each organic ingredient with the word “organic” or with an asterisk or other reference mark that is defined below the ingredient statement to indicate the ingredient is organically produced. Water or salt included as ingredients cannot be identified as organic. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Unintentional sale of multi-ingredient agricultural products using labels with incorrect identification of organic ingredients. | Failure to address notice of noncompliance regarding sale of multi-ingredient agricultural products using labels with incorrect identification of organic ingredients. One year suspension. | Falsification of ingredient list to conceal sale of multi-ingredient agricultural products using labels with incorrect identification of organic ingredients.
 | 205.304(b)(2) Certifier information | Agricultural products in packages described in §205.301(c) must, on the information panel, below the information identifying the handler or distributor of the product and preceded by "Certified organic by..." or similar phrase, identify the name of the certifying agent that certified the handler of the finished product. The business address, Internet address, or telephone number of the certifying agent may be included in such label. | ● Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. ● Incorrect placement of "Certified organic by…" statement. | Failure to get label approved by certifying agent, resulting in unintentional sale of multi-ingredient agricultural products using labels with incorrect display of certifier information. | Failure to address notice of noncompliance regarding sales of multi-ingredient agricultural products using labels with incorrect display of certifier information. One year suspension. | Willful and repeated sales of multi-ingredient agricultural products using labels with incorrect display of certifier information.
 | 205.304(c) USDA seal use | Agricultural products in packages described in §205.301(c) must not display the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in unintentional sale of multi-ingredient agricultural products using labels improperly displaying the USDA seal. | Failure to address notice of noncompliance regarding sale of multi-ingredient agricultural products labeled as “made with organic…" in packages displaying the USDA seal. One year suspension. | Willful and repeated sales of multi-ingredient agricultural products labeled as “made with organic...” in packages displaying the USDA seal.
 | 205.305 Multi-ingredient packaged products with less than 70% organic produced ingredients
 | 205.305(a)Label claims | An agricultural product with less than 70% organically produced ingredients may only identify the organic content of the product by: (1) identifying each organically produced ingredient in the ingredient statement with the word “organic” or with an asterisk or other reference mark that is defined below the ingredient statement to indicate the ingredient is organically produced; and (2) by displaying the product's percentage of organic contents on the information panel, as long as the organically produced ingredients are identified in the ingredient statement. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in unintentional sale of agricultural products with less than 70% organic ingredients with labels displaying the term "organic" on the primary display panel. | Failure to address notice of noncompliance regarding sale of agricultural products with less than 70% organic ingredients using labels displaying the term "organic" on the primary display panel. One year suspension. | Willful and repeated sales of agricultural products with less than 70% organic ingredients with labels displaying the term "organic" on the primary display panel.
 | 205.305(b)(1) Use of USDA seal | Agricultural products with less than 70% organically produced ingredients must not display the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in unintentional sale of agricultural products with less than 70% organic ingredients with labels displaying USDA seal. | Failure to address notice of noncompliance regarding accidental sale of agricultural products with less than 70% organic ingredients with labels displaying USDA seal. One year suspension. | Willful and repeated sales of agricultural products with less than 70% organic ingredients with labels displaying USDA seal.
 | 205.305(b)(2) Use of seals and logos of certifying agents | Agricultural products with less than 70% organically produced ingredients must not display any certifying agent seal, logo, or other identifying mark that represents organic certification of a product or product ingredients. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in unintentional sale of agricultural products with less than 70% organic ingredients with labels containing seal or logo of certifying agent. | Failure to address notice of noncompliance regarding display of seal or logo of certifying agent on agricultural products with less than 70% organic  ingredients. One year suspension. | Willful and repeated sales of agricultural products with less than 70% organic ingredients with labels containing seal or logo of certifying agent.
 | 205.306 Labeling of livestock feed
 | 205.306(a) Label claims - Livestock feed products described in §205.301(e)(1) and (e)(2) may display on any package panel the following terms:
 | 205.306(a)(1) Label claims | (1) The statement “100% organic” or “organic,” as applicable, to modify the name of the feed product. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in unintentional labeling of a livestock feed product containing less than 100% organic ingredients as "100% organic." | Willful labeling of a livestock feed product containing less than 100% organic ingredients as "100% organic." One year suspension. | Falsification of formulation to conceal labeling of a livestock feed product containing less than 100% organic ingredients as "100% organic."
 | 205.306(a)(2) Use of USDA seal | (2) The USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Incorrect color used for USDA organic seal. | Failure to address notice of noncompliance regarding incorrect color used in USDA seal. One year suspension. | Falsification of records to conceal use of USDA seal on labels of nonorganic livestock feed products.
 | 205.306(a)(3) Use of seal or logo of certifying agent | (3) The seal, logo, or other identifying mark of the certifying agent that certified the production or handling operation producing the raw or processed organic ingredients used in the finished product, provided that such seals or marks are not displayed more prominently than the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label. | Failure to address notice of noncompliance regarding use of packaging with certifier’s seal or logo displayed more prominently than the USDA seal on the product label. One year suspension. | Falsification of records to conceal use of seal or logo of a certifying agent on packaging for a nonorganic livestock feed product.
 | 205.306(a)(4) Identification of organic on ingredient statement | Livestock feed products described in §205.301(e)(1) and (e)(2) may display on any package panel the word, “organic,” or an asterisk or other reference mark that is defined on the package to identify ingredients that are organically produced. Water or salt included as ingredients cannot be identified as organic. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Use of packaging for "100% organic" or "organic" livestock feed products that labels water or salt as "organic." | Failure to address notice of noncompliance regarding use of packaging for "100% organic" or "organic" livestock feed products that labels water or salt as "organic." One year suspension. | Fraudulent concealment of representation of a livestock feed product with less than 95% organic ingredients as "100% organic" or "organic."
 | 205.306(b)(1) Certifier information | Livestock feed products described in §205.301(e)(1) and (e)(2) must display the name of the certifying agent that certified the handler of the finished product. The certifier's name must be on the information panel, below the information identifying the handler or distributor of the product and preceded by the statement, “Certified organic by...,” or similar phrase. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Labeling of livestock feed products with incorrect placement of the certifier’s name on the product label. | Failure to address notice of noncompliance regarding labeling of livestock feed products using labels with incorrect placement of certifier information. One year suspension. | Falsification of records to conceal misrepresentation of a nonorganic livestock feed product as having been certified organic by a certifying agent.
 | 205.306(b)(2) Other regulations | Livestock feed products described in §205.301(e)(1) and (e)(2) must comply with other Federal agency or State feed labeling requirements as applicable. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Sale of feed with labels that do not comply with state/AAFCO feed labeling requirements. | Failure to address notice of noncompliance regarding violations of state/AAFCO feed labeling requirements. One year suspension. | Fraudulent concealment of products produced in violation of state/AAFCO feed labeling requirements.
 | 205.307 Labeling of non-retail containers used for only shipping or storage of raw or processed agricultural products labeled as "100% organic," "organic," or "made with organic (specified ingredients or food group(s))."
 | 205.307(a) Organic product labeling claims | Non-retail containers used only to ship or store raw or processed agricultural product labeled as containing organic ingredients may display the following terms or marks:(1) the name and contact information of the certifying agent which certified the handler which assembled the final product; (2) identification of the product as organic; (3) special handling instructions needed to maintain the organic integrity of the product; (4) the USDA seal; and (5) the seal, logo, or other identifying mark of the certifying agent that certified the organic production or handling operation that produced or handled the finished product. | Organic system plan lacks adequate detail on how compliance will be achieved. | OSP does not describe process or process was changed without approval of certifying agent. | Repeated failure to include process in OSP. One year suspension. | Providing falsified documents to certifier to conceal process that violates regulations.
 | 205.307(b) Organic product identification | Non-retail containers used to ship or store raw or processed agricultural product labeled as containing organic ingredients must display the production lot number of the product if applicable. | Poorly organized records of production lot numbers. | Method of labeling does not provide a means of tracking product. | Failure to address notice of noncompliance regarding method of labeling. One year suspension. | Submitting falsified process in order to facilitate sale of non-organic products as "organic."
 | 205.307(c) Export labeling | Shipping containers of domestically produced product labeled as organic intended for export to international markets may be labeled in accordance with any shipping container labeling requirements of the foreign country of destination or the container labeling specifications of a foreign contract buyer, provided that the shipping containers and shipping documents accompanying such organic products are clearly marked “For Export Only,” and provided further that proof of such container marking and export must be maintained by the handler in accordance with recordkeeping requirements for exempt and excluded operations under §205.101. | Poorly organized export and marking records. | Labeling a product that was produced to a foreign country's standard  as "organic" without also marking it as "for export only." | Repeated and willful labeling of a product that was produced to another country's standard as "organic" without also marking it as "for export only." One year suspension. | Falsification of records to conceal improper labeling of nonorganic agricultural products as "organic" and intended for export.
 | 205.308 Agricultural products in other than packaged form at the point of retail sale that are sold, labeled, or represented as "100% organic" or "organic."
 | 205.308(a) Organic non-packaged product retail label claims | Agricultural products in other than packaged form may use the term “100% organic” or “organic,” as applicable, to modify the name of the product in retail display, labeling, and display containers, provided that the term “organic” is used to identify the organic ingredients listed in the ingredient statement. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Retail displays identify the wrong product as organic, but the organic product is present and available. | Failure to address notice of noncompliance regarding non-compliant retail displays or display containers . One year suspension. | Fraudulent concealment of misrepresentation of nonorganic agricultural products as "100% organic" or "organic."
 | 205.308(b) Organic non-packaged product retail label claims | If the product is prepared in a certified facility, the retail display, labeling, and display containers may use the USDA seal and/or the seal, logo, or other identifying mark of the certifying agent that certified the production or handling operation producing the finished product and any other certifying agent that certified operations producing raw organic product or organic ingredients used in the finished product. Such seals or marks must not be individually displayed more prominently than the USDA seal. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Use of retail display, labeling, or display containers with certifier’s seal or logo displayed more prominently than the USDA seal. | Failure to address notice of noncompliance regarding use of retail display, labeling, or display containers with certifier’s seal or logo displayed more prominently than the USDA seal. One year suspension. | Use of USDA seal or logo of a certifying agent on the retail display, labeling, or display containers for a nonorganic product.
 | 205.309 Agricultural products in "other than packaged" form at the point of retail sale that are sold, labeled, or represented as "made with organic (specified ingredients or food group(s))."
 | 205.309(a) "Made with organic" product non-packaged retail label claims | Agricultural products in other than packaged form containing between 70% and 95% organically produced ingredients may use the phrase “made with organic (specified ingredients or food group(s))” to modify the name of the product in retail display, labeling, and display containers. Such statement must not list more than three organic ingredients or food groups, and any display of the product's ingredient statement must identify the organic ingredients as “organic.” | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Labeling as "made with organic ingredients" without listing ingredients or food groups. | Failure to correct violations upon notification of noncompliance. One year suspension. | ● Willful use of phrase "made with organic…" on the retail display, labeling, or display containers for a nonorganic product.  ● Concealing violations through falsification of documents.  ●Willful misrepresentation.
 | 205.309(b) | If prepared in a certified facility, agricultural products labeled as “made with organic (specified ingredients or food group(s))” may display the certifying agent's seal, logo, or other identifying mark. | Markings are correct but not clearly described in approved organic system plan. | ● Markings are incorrect or not properly formatted.   ● Product is not available in store but displays are still labeled. | ● Willful labeling of wrong product as "made with organic…" statement.  ● Failure to correct violation upon notice of noncompliance. One year suspension. | ● Use of phrase "made with organic…" on the retail display, labeling, or display containers for a nonorganic product.  ● Concealing violations through falsification of documents.  ● Willful misrepresentation.
 | 205.310 Agricultural products produced on an exempt or excluded operation
 | 205.310(a) Prohibited claims | An agricultural product organically produced or handled on an exempt or excluded operation must not: (1) display the USDA seal or any certifying agent's seal or other identifying mark that represents the exempt or excluded operation as a certified organic operation, or (2) be represented as a certified organic product or certified organic ingredient to any buyer. | N/A | Unintentional representation of a product produced by an exempt operation as a certified organic product. | Willful representation of a product produced by an exempt operation as a certified organic product. One year suspension. | Fraudulent concealment of misrepresentation of a product produced by an exempt operation as a certified organic product.
 | 205.310(b) Allowance for multi-ingredient products produced by exempt or excluded operation | An agricultural product organically produced or handled on an exempt or excluded operation may be identified as an organic product or organic ingredient in a multi-ingredient product produced by the exempt or excluded operation. Such product or ingredient must not be identified or represented as “organic” in a product processed by others. | Poorly organized records of purchases of organically produced ingredients from an exempt or excluded operation. | Unintentional representation of an agricultural product organically produced on an exempt operation as an "organic" ingredient in a product processed by others. | Willful or ongoing representation of an agricultural product organically produced on an exempt operation as an "organic" ingredient in a product processed by others. One year suspension. | Fraduluent alteration of records to conceal use of a non-certified organic product in products further processed by others and labeled as "organic."
 | 205.310(c) Prohibited production practices | An agricultural product organically produced or handled on an exempt or excluded operation is subject to the requirements of §205.300(a) and §205.301(f)(1) through (f)(7). | N/A | Unintentional labeling of a product produced with organic and nonorganic forms of the same ingredient with labels describing product as "100% organic" or "organic." | Willful labeling of a product as "100% organic" or "organic" when it was produced with unapproved processing aids. One year suspension. | Fraudulent concealment of labeling of a product as "100% organic" or "organic" when it was produced with excluded methods.
 | 205.311 USDA Seal
 | 205.311(a) Seal applicability | The USDA seal may be used only for raw or processed agricultural products described in §205.301(a), (b), (e)(1), and (e)(2). | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Misunderstanding resulting in the unintentional use of USDA seal on packaging for an agricultural product with less than 95% organic ingredients. | Willful use of USDA seal on packaging for an agricultural product with less than 95% organically produced ingredients. One year suspension. | Falsification of documents to conceal willful use of the USDA seal on non-organic products.
 | 205.311(b)(1) - (4) Seal replication | The USDA seal must replicate the form and design of the example provided by USDA and must be printed legibly and conspicuously. | Failure to obtain approval of certifying agent prior to labeling of product, but no material labeling violations. | Failure to get label approved by certifying agent, resulting in incorrect color used for USDA organic seal. | Failure to address notice of noncompliance regarding incorrect color used in USDA seal. One year suspension. | Willful sale of nonorganic products with labels displaying the USDA seal.