The National Organics Program (NOP) organic regulation began March 19 and impacts a wide range of organic products, including:
- Produce
- Meat
- Dairy
- Non-food products, such as organic sheets or clothing.
- Soaps
- Any other product that is intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients)”
Release Requirements
This regulation requires the Electronic National Organics Program (eNOP) Certification number, which will be found on the organic certification form, to be transmitted with the entry information for release. The number will be formatted as NNN-NNNNNNNNNN-NNNNNN.
In addition to the organic certification needed for the release of the shipment at the border, the documents must:
- Show “Organic” in the document descriptions (invoice, bill of lading, packing slip)
- Show a full, ten (10) digit tariff number (aka HTS number or classification)
- One (1) eNOP certificate per tariff number
Obtaining an eNOP Certificate
eNOP certificates must be generated by a third-party certifier with the information provided by the exporter of the organic goods. There are several approved certifiers active in both Canada, Mexico, and around the world. These certifiers can be found in the Organic Integrity Database. Your firm will need to contact those certifiers as soon as possible to comply with the regulations.
Note that regulation will allow organic certifiers to issue certificates for a specific time frame and volume. This can cover a week, month, or a season of imports.
Resources
Additional information on the NOP organics rule can be found through the following links:
USDA Agricultural Marketing Service
eCFR § 205.100 – What has to be certified
eCFR § 205.101 – Exemptions from certification
FAQs
Here are some of the most recent questions that have surfaced this past week:
Q: Did the Organics rule implementation begin on March 19 for all organic imports arriving in the U.S.?
A: No, the implementation applies to products departing from the foreign country on that date. The communication from the government created some confusion on that point.
Q: Can the Nonresident IOR (who is the certified Organic Exporter) also be listed in Box 7 of the NOP as the Recipient in the U.S. (even though he does not have a US address)?
A: Yes – though the Nonresident IOR should be aware that he must be certified as both the Organic Exporter AND the Organic Importer.
Q: My client is a Canadian company that has an affiliated U.S. company who is the Buyer, but shipments go directly to hundreds of customers’ distribution centers. Can the U.S. company/Buyer be the U.S. Recipient in Box 7, even though the shipments are being delivered to hundreds of the Buyer’s customers’ distribution centers?
A: Yes, that is perfectly acceptable, and the affiliated U.S. Company/Buyer needs to be certified as the Organic Importer. The U.S. Recipient in Box 7 of the certificate does not necessarily have to be the “Deliver to” party.
If you have any questions or concerns, please contact transitionteamus@willsonintl.com or call 716.260.1971 option 4.