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INSIGHTS

USDA Ushers Organic Regulation Changes for the First Time in Over 30 Years

Closing Gaps, Protecting Organic Producers and Improving Transparency and Traceability of Organic Products

As the “organic” section of many grocery stores continues to grow, with consumers wondering and hoping that their exchange of top dollar means safer food, USDA’s passage of a new rule aims to help deter and detect fraud and protect organic integrity throughout the supply chain.

Representing the biggest update to the organic regulations in more than 30 years, the “Strengthening Organic Enforcement” (SOE) final rule represents a significant increase in oversight and enforcement authority over organic production, handling and sales, and adds layers of protection around the agency’s organic seal, making it that much more coveted and meaningful.

The new rule standardizes training and operations requirements for organic businesses and personnel, calls for more on-site inspections, and strengthens enforcement of USDA’s current guidelines. The rule will also require certifications for organic imports, will require businesses to prove that all parts of their supply chain are organic, require additional and more frequent reporting of data on certified operations, and require stronger recordkeeping, traceability practices and fraud prevention procedures.

With the aim of protecting organic integrity and increasing farmer and consumer confidence in the USDA organic seal by bolstering organic control systems, the SOE seeks to improve traceability from farm to market, increase import oversight authority, and provide stronger enforcement of the organic regulations. Parties affected by the new rule include USDA-accredited certifying agents, organic inspectors, certified organic operations, operations concerning organic certification, businesses that import or trade organic products, and retailers that sell organic products.

The new rule is effective March 20, but organic operations, certifying agents, and other organic stakeholders will have 1 year from the effective date of the rule to comply with the changes.

But don’t wait until then. We recommend that businesses producing organic products begin preparing for the new changes to stay ahead of the curve, and to preserve their position in the organic section and with their consumer base. For further questions and guidance on organic labeling, the new rule and its requirements, please contact us at info@garg-law.com.

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Working with Shelly on various new product launches over the last couple of years has been seamless. Quick and clear guidance is always what we get.
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I've been working with Shelly and her team at Garg law for a little while now and they are fantastic! Very responsive, professional and they certainly get things done. Extremely satisfied with their service and highly recommend.
Mike H. Client
Ms Garg helped my company navigate an FDA import issue. She achieved an excellent result, was very responsive and professional, and managed to keep the project within budget. She is a stellar attorney.
Dr. Sastry Client
I have been using Shelly Garg as FDA Counsel for 10+ years, since she was at another international law firm. While we continued to use the previous firm she was at (mainly due to the process required to change firms), we realized the quality of counsel was not the same. We have since been using Garg Law and the ease of use and trust in the knowledge was back instantly. Shelly has the skills to help me understand the regulations (by translating into layman's terms) and risks in a manner that is specific to my business. She is also extremely timely in her responses which is critical when we have a deadline mandated by the FDA. Many other attorneys cite the regulations which l've already read, but need further counsel. In my opinion, this demonstrates Shelly's in-depth knowledge of the regulations, how they pertain to the law, and how they are applicable IRL. Shelly's personable approach and pleasant manner in communication makes it very easy to have been work with her and have productive discussions on the best next steps. She truly has a passion iternational for all things FDA and I've learned so much from her.
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