Like the United States (U.S.), many countries have their own organic standards and certification programs. For organic businesses operating in or exporting to other countries, this can mean they must maintain different organic certifications to access different organic markets.
Foreign product that is produced and handled under another country's organic certification program may only be sold, labeled, or represented in the U.S. as organic if the NOP determines that such country's organic certification program is equivalent to the U.S. program. This means that the other country’s technical requirements and a conformity assessment system governing the production and handling of organic products are at least equivalent to the requirements of the Organic Foods Production Act (OFPA) and the USDA organic regulations.
Technical requirements: A system of relevant laws, regulations, regulatory practices, standards, policies, and procedures that address the certification, production, and handling of organic agricultural products.
Conformity assessment system: All activities, including oversight, accreditation, compliance review, and enforcement, undertaken by a government to ensure that the applicable technical requirements for the production and handling of organic agricultural products are fully and consistently applied.
A bilateral organic equivalence arrangement is when two countries recognize each other’s organic program as being equivalent. If two countries are equivalent, organic products that comply with the terms of the arrangement can be sold in either country with just one organic certification. For U.S. businesses, this can reduce the number of certifications they must maintain.
The Agricultural Marketing Service (AMS) works with the Foreign Agricultural Service (FAS) and Office of the United States Trade Representative (USTR) to establish equivalence arrangements. The USDA follows a rigorous process that involves a formal application, document reviews, technical discussions, and onsite audits to thoroughly evaluate both countries’ organic systems. This process is described in the USDA organic regulations at in 7 C.F.R. Part 205.511, Accepting Foreign Conformity Assessment Systems.
Requesting an Equivalence Determination by the USDA
Foreign governments interested in organic equivalence with the U.S. must first contact the USDA to request an equivalence determination. At minimum, a country must have mandatory domestic organic regulations in effect to be eligible to request equivalence. To undertake an equivalence determination, U.S. NOP requires that an applicant country provide detailed information and supporting documentation on its organic system, the competent authority that leads the organic program, its organic standards, and the way it makes sure the standards are met to protect organic integrity (conformity assessment). The country also provides a description of the commodities and/or products for which equivalence is being sought (e.g., all agricultural products, livestock products, crop products). This information is provided in an application form and is designed to help organize the information required from an applicant country before a review for equivalence can begin.
Submitting an application does not guarantee an organic equivalence arrangement with the United States will be reached. USDA reviews requests for organic equivalence from foreign governments based on budget and resource availability. If USDA chooses to proceed, the foreign government is asked to provide a detailed side-by-side comparison between its organic system and the USDA system.
After the side-by-side review, USDA audits the foreign government’s system to assess whether that system operates in the way the country has described. USDA and the foreign government engage in technical discussions to resolve any differences. Differences must be resolved before an equivalence determination can be made. Equivalence determinations may include some or all raw or processed organic agricultural products. Even within a product category (e.g., livestock products), equivalence may exist for some products but not for others.
If USDA determines that the foreign government’s organic system is equivalent, the two governments exchange official letters that establish the terms of equivalence arrangement, including any product exception(s) if the systems are not equivalent in specific areas. Once this process is complete, AMS will publicly disclose on its website the terms of the determination and the final resolution of differences between the U.S. and foreign government’s system.
Maintaining Equivalence Arrangements
Maintaining organic equivalence is an ongoing process. USDA officials conduct regular reviews and reassessments, also referred to as “peer reviews,” of countries deemed equivalent to verify that the foreign government's technical requirements and conformity assessment system continue to be at least equivalent to the requirements of the USDA organic regulations. Foreign governments reciprocate the peer review process with visits to U.S. certifying agents and certified operations.
Regular organic working group sessions are also held between USDA and all equivalence partners to address any priority issues, upcoming regulatory changes, and general information-sharing and collaboration between organic regulators on certifier oversight, international investigations, and other surveillance and enforcement activities.
The USDA may terminate an equivalence determination if the terms or conditions established under the equivalence determination are not met; if NOP determines that the country's technical requirements and/or conformity assessment program are no longer equivalent; if NOP determines that the foreign government's organic control system is inadequate to ensure that the country's organic certification program is fully meeting the terms and conditions under the equivalence determination; or for other good cause.
References:
Strengthening Organic Enforcement, Final Rule, published 01/19/2023.