Organic Field Crop Production and Marketing in North Carolina

Chapter 8: Organic Certification

Jim Riddle, Organic Policy Specialist, Rodale Institute’s The New Farm ®

Myron Fountain, former Executive Director, North Carolina Crop Improvement Association

Tony Kleese, Executive Director, Carolina Farm Stewardship Association

In order to sell, label, or represent their products as “organic”, growers who sell $5,000 (or more) a year of organic products must be certified by a USDA-accredited certifying agent. The National Organic Program Final Rule (NOPFR) spells out requirements for organic crop and livestock production and handling, certification, and record-keeping. The NOPFR, and other related documents, can be viewed on the Web at www.ams.usda.gov/nop/. (See Table 8.1.)

Who Must Be Certified?

If an operation earns $5,000 (or more) in a year from organic agricultural products, that operation must be certified. Operations selling less than $5,000 a year in organic agricultural products and direct marketing the products to the end-user are exempt from certification, but they must operate in compliance with the federal regulations and may not label products as certified organic.

Organic Certification Process

Because all certifiers must follow USDA requirements, the organic certification process is similar across certifiers. First, farms must comply with the federal standards for organic production (Table 8-1). The next steps involve choosing a certifier and completing an Organic Farm (or System) Plan. The Organic Farm Plan is also considered the application for certification. The certifying agent may ask questions to assess the applicant’s eligibility. The Organic Farm Plan Questionnaire must be completed, including farm maps and a three-year field history for crops planted and inputs applied. The completed Organic Farm Plan (the application), licensing agreement, and fees should then be submitted to the certification agency.

The certifying agent then reviews the Organic Farm Plan and accompanying documentation to ensure completeness and determine whether the applicant appears to comply or has the ability to comply. The certifying agent also verifies information regarding any previous certifications, notification of noncompliance, or denials of certification.

The next step of the process is an on-site inspection of the farm. The certifying agent assigns an organic inspector who calls the applicant to set up an appointment. The inspection may take 3 to 6 hours, depending on the complexity of the operation. Inspectors need to verify information from the Organic Farm Plan. They inspect fields, farm buildings and equipment, assess contamination risks, fill out an on-site inspection report, and gather as much information as needed to determine if the operation is in compliance. Inspectors evaluate crop health and growth, soil tilth, the fertility management program, pest and weed management strategies, and the applicant’s understanding and commitment to compliance. They also review records to ensure monitoring and compliance. The inspector may be authorized to take soil, tissue, or product samples for analysis. The inspector reviews identified noncompliance issues at the time of the inspection. The inspector conducts an exit interview to confirm the accuracy and completeness of the observations and information gathered, addresses the need for additional information, and discusses issues of concern. The inspector also completes a report based on the information gathered. The inspector does not make the certification decision, but identifies noncompliance issues with regard to organic standards. The inspection report and all associated paperwork are sent to the certifying agent.

A certification committee, staff member, or review committee reviews the Organic Farm Plan, the inspection report, and all associated documentation. If the certifying agent determines compliance in all procedures and activities, the applicant is granted certification and is issued a certificate of organic operation. If the certifying agent determines any minor noncompliances, the applicant has the opportunity to correct these noncompliances as a condition of certification.

To continue organic certification each year, the certified farmer must pay annual certification fees, submit an updated Organic Farm Plan detailing changes from the previous year, and submit an update on correction of minor noncompliances previously identified by the certifying agent. Other records or information may be needed if deemed necessary. Each farm must be inspected at least once annually to maintain certification. The updated Organic Farm Plan and inspection report must also be completely reviewed by the certifying agent to receive an updated certificate for the organic operation.

Denial of Certification

If certification is to be denied, the certifying agent must provide an applicant with written notification of noncompliance, giving the date by which the correction must be accomplished, and specifying any documentation necessary to support correction. The applicant may rebut in writing any noncompliances identified by the certifying agent. When a correction is not possible, a notification of noncompliance and notification of denial of certification is provided to the applicant. This notification is also provided to the USDA National Organic Program Administrator. The applicant may re-apply for certification or request mediation with the certifying agent. The applicant may file an appeal of the denial of certification to the USDA National Organic Program Administrator. If the certifying agent has reason to believe that the applicant has made false statements or otherwise misrepresented compliance, the certifying agent may also deny certification simultaneously with issuance of notification of noncompliance.

Record-keeping Requirements for Certified Operations

Record-keeping is very important to organic certification. A certified operation must maintain records concerning the production, harvest, and handling of agricultural products that are intended to be sold, labeled, or represented as organic. The records must be adapted to the particular business that the certified operation is conducting. For example, an organic grain production farm must keep records pertaining to the particular operations that deal with the production, handling, and marketing of the organic grain crops, such as storage, clean-out, and transportation records. The records must also fully disclose all activities and transactions of the certified operation in sufficient detail as to be readily understood and audited. Records must be maintained for at least five years beyond their creation and be sufficient to demonstrate compliance with the National Organic Plan rules and regulations. The certified operation must make all relevant records available for inspection and copying during normal business hours by authorized representatives of the Secretary of Agriculture, the applicable state program’s governing official, and the certifying agent.

Certification Agencies

A list of all USDA-accredited organic certifying agencies can be found on the Web at www.ams.usda.gov/nop/CertifyingAgents/Accredited.html or by request through the National Organic Plan (NOP) office at 1400 Independence Avenue, SW, Room 2510 South Building, Washington, DC, 20250.

Choosing a Certifier

When choosing an organic certifier, an applicant should consider several factors. First, it may be helpful to choose a certifier that the end-user of a product recommends or recognizes. The location of inspectors that the certifier uses should also be considered, as most certifiers require the applicant to pay all expenses associated with the on-site inspection, including travel. Since the USDA requires that certifiers fully disclose all fees, an applicant can compare certifiers based on expense or fees. Also consider the turn-around time required by certifiers to obtain certification, and the experience the certifier has in certifying a particular type of operation. Some applicants choose their certifier based on the agency’s level of involvement in organic certification policy and advocacy at state and national levels.

Specific Requirements and Suggestions for Organic Compliance in Grain Production

Isolation buffers

The size of isolation buffers between organic land and adjacent nonorganic land depends on land uses, prevailing winds, runoff directions, ditches, and other barriers. It is usually between 20 and 50 feet. However, cross-pollinated or wind-pollinated organic crops (such as corn), should be isolated from like nonorganic crops by 660 feet to maintain seed purity. If an applicant can verify with a written statement from his or her neighbor(s) that no prohibited materials are being used on adjoining land, then the applicant may not need a buffer at all.

Organic seed

Organic seed must be used when commercially available. However, in many cases, the crop or variety desired is not commercially available as organic seed. Generally, the applicant must contact at least three seed companies or sources that carry organic seeds in an effort to obtain organic seed of the crop or variety desired. The three seed sources contacted must produce or supply seed of the crop kind desired. The applicant must also document the contact (including the date; whether the contact involved a telephone, fax, letter, or email message; the crop and variety; and the most comparable variety with organic seed source and price). A copy of this documentation may be required by the organic certifier if seed is used that is not organic. Excellent resources for availability of organic seed for crop production can be found by contacting these organizations:

• http://attra.ncat.org/attra-pub/altseed.html

P.O. Box 3657, Fayetteville, AR 72702

• http://www.savingourseed.org/

286 Dixie Hollow, Louisa, VA 23093

• http://www.omri.org/OMRI_SEED_list.html

Organic Materials Review Institute, 541-343-7600

Box 11558, Eugene, OR 97440

Split (nonorganic and organic) production

A split operation may require additional record-keeping and detailed auditing. The dates of use, cleaning, and purging of equipment (including field preparation, cultivation, harvesting, and handling equipment) that is used in both nonorganic and organic operations must be recorded.

Accidental contamination

Accidental contamination of a farm by prohibited substances can be a result of spraying by the Department of Transportation (DOT), electrical companies,or neighbors. It is important to communicate very clearly about your organic operation, and display signs that indicate organic land. The DOT and electrical companies should be informed of the location of organic land and be specifically asked to avoid spraying the area.

Storage and product transportation

Organic and nonorganic grain (or field crops) must not commingle. Storage bins or containers and areas used for organic grains should be thoroughly cleaned before use and clearly labeled “organic.” Documentation of the cleaning of transportation vehicles will be required. The date, previous product transported, organic product transported, cleaning activity, and name(s) of the driver(s) are generally needed for the documentation. Consult the certifier about specific cleanout procedures.