USDA Expands Residue Testing for Organic Products

Tweet

November 14, 2012

On November 9, 2012 the USDA released a final rule expanding residue testing of organic agricultural products.  Under the new regulation, certifying agents must periodically test products sold, labeled, or represented as organic, including “100 percent organic,” “organic,” or “made with organic (specified ingredients)”.  Annually, the agent is required to test at least five percent of the operations it oversees.  If the tests determine there are pesticide residues or environmental contaminants present exceeding FDA or EPA standards, the information must be reported to the appropriate Federal and State health agencies.

The Agricultural Marketing Service (AMS) is amending the USDA’s National Organic Program Regulations in response to a March 2010 National Organic Program (NOP) audit of four certifying agents, during which the inspector found that none of the four agents conducted periodic testing for residue.  The main objective of this USDA rule is to align residue testing regulations in the NOP with the testing requirements in the Organic Foods Production of 1990 Act (OFPA), which already requires residue testing. 

A Canadian organic industry group voiced concern that the new regulation would be an impediment to trade.  The group noted that the U.S. and Canada are both signatories to an equivalency determination, and that an expensive U.S. regulation without a similar Canadian regulation could be interpreted as a critical variance.  However, the AMS dismissed the concern by citing a similar equivalency determination that both Canada and the EU have signed, pointing out that the determination does not include any critical variance in regards to residue testing.

For further information/assistance, please contact a Barnes Richardson Attorney.