New USDA Organic Rule for Importers: Compliance Guidelines and Electronic NOP Certificates
Trade Update • March 12, 2024
o enhance the integrity of the organic supply chain, the Agricultural Marketing Service (AMS) National Organic Program (NOP) is set to enforce a new rule beginning March 19, 2024. This rule mandates the electronic filing of NOP Import Certificates within the Automated Commercial Environment (ACE), a significant move resulting from the Strengthening Organic Enforcement (SOE) final rule published in January 2023. The rule requires certification for all entities in the organic supply chain, barring a few exceptions, amending the United States Department of Agriculture (USDA) organic regulations to bolster the oversight and enforcement of organic agricultural product production, handling, and sale.
The USDA is currently monitoring over 6,000 Harmonized Tariff System (HTS) numbers, which cover a broad spectrum of goods such as foods, animal feeds, and textiles. These items and their associated tariffs are classified under two flags: AM7, indicating that an organic message set may be necessary, and AM8, signifying that an organic message set is mandatory. Importers must acquire the relevant NOP Import Certificates in advance of entry (goods entering the country) and have systems in place to submit NOP Import Certificate numbers or copies to their customs brokers.
Electronic NOP Import Certificate Requirements
Furthermore, to safeguard the organic supply chain’s integrity, exporters of organic goods will need to obtain an “electronic import certificate” from their organic certifier in advance of the goods’ entry into the country. Simultaneously, importers must declare this certificate upon entry. This electronic NOP certificate will contain a unique 21-digit number. In the Automated Commercial Environment (ACE), a message set will be obligatory for all organic imports, and a disclaimer message must be submitted for goods not bearing the USDA Organic Seal.
Additional resources offer comprehensive information on certification requirements, comparative analysis of the new and old regulations, a database of certified organic suppliers, and further training opportunities for stakeholders in the organic supply chain. This expanded rule is a step forward in ensuring the veracity and trustworthiness of organic products entering the United States market.
Importer Action
If any of your goods are considered marketed and/or labeled as organic, please ensure to get in contact with your Client Care Manager to ensure that you are identifying and providing additional data elements that must be submitted with your entry data by GHY upon entry into the US.
For further questions, please reach out to ustradeservices@ghy.com.
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