Winter/Spring 2026 – Standards & Policy Update

Market Development (Mushroom and Pet Food) Final Rule Update

The USDA Agricultural Marketing Service (AMS) published the Market Development Final Rule, with an effective date of March 21, 2025, and a compliance date of March 22, 2027 - meaning affected operations must comply with the requirements of the rule by March 22, 2027.

All mushroom and pet food operations should expect to see new forms, policies, and resources available to support their compliance with these regulations. PCO plans to have these available in the coming months. The final rule is available at https://www.federalregister.gov/documents/2024/12/....

The Market Development Final Rule seeks to clarify how organic regulations apply to mushroom and pet food production, aiming to foster growth in these markets—particularly through clearer guidelines for inputs such as slaughter by-products used in organic pet food. While there had been a prior proposal to rescind the Rule in May of 2025, there has been no action on this proposal. As such, PCO is moving forward with our implementation plan to ensure our certified entities affected by this rule are in compliance by March 22, 2027.

NOP Clarifies Policy on Devices Designed to Cause Chemical Reactions

Over the past several years PCO has received several inquiries regarding the allowance of devices (e.g. Green Lightning and Blue Lightning) designed to cause chemical reactions — such as nitrogen fixation — among atmospheric molecules, where the resulting substance is intended as an input in organic production.

PCO prohibited these based on our understanding of these technologies and our determination that they resulted in a synthetic substance, due to a chemical change, that is not on the list of synthetic substances allowed in organic crop production (§205.601). Other certifiers came to a different conclusion. As a result, a question was submitted to the National Organic Program (NOP).

NOP recently responded to certifiers stating, “consistent with existing guidance on classification of materials, substances manufactured through a chemical reaction are considered synthetic and are not allowed under the USDA organic regulations, unless specifically permitted.” This response affirms PCO’s decision to prohibit these inputs.

If you have been using any such device, please notify PCO immediately so that we may walk you through the steps to come into compliance, which includes discontinuing use immediately and will not impact that status of your certification nor land eligibility.

Strengthening Organic Enforcement and Organic Livestock and Poultry Standards Verification Reminders

As you are likely aware, the National Organic Program has published two major rule changes in the past couple of years - specifically the Strengthening Organic Enforcement (SOE) Final Rule and Organic Livestock and Poultry Standards (OLPS) Final Rule.

These regulatory updates required most, if not all, organic operations to update their procedures and document these updates in their Organic System Plans (OSPs). PCO has been verifying our operation’s compliance with the new regulations through reviewing updated OSPs as well as during inspection. Thank you again for your participation as we all continue to learn and navigate enforcement and oversight of these new requirements!

Due to these changes and in order to verify an operation’s compliance, PCO may ask different questions and require new and different documentation than you are used to.

Below are highlights of changes that are likely to require additional documentation due to the regulatory changes (not PCO policy). This is not an exhaustive list but does provide areas that PCO is likely to inquire about during paperwork review and/or inspection.

SOE specific verification points:

• Verification of entities in the supply chain
• Organic Fraud Prevention Plans, appropriate to your operation’s scope, activities and complexity
• Emphasis on audit exercises performed during annual inspection (e.g. traceback and mass balance) or any other time through the certification cycle
• New nonretail container labeling requirements
• New documentation requirements to verify organic imports (NOP Import Certificate, or NOPIC)

OLPS specific verification points:

• Verification of stocking densities for layers, broilers and pullets for both indoor and outdoor spaces
• Verification of exit area requirements, including the amount and size of exits
• Verification of temporary confinement reasonings
• Verification of ammonia monitoring

We acknowledge that this has been a lot to incorporate in a short amount of time. The organic regulations have changed a lot in recent years, and PCO remains grateful for your partnership in effectively implementing these rule updates. If you have questions or concerns about SOE or OLPS verification requirements, please reach out so we can offer information to help you understand these regulations and stay in compliance.

Kyla Smith

Certification Policy Advisor

PCO Certified Organic