Strengthening Organic Enforcement (SOE)

• Improve record-keeping and audit trail documentation for traceability and mass balance audits during onsite and/or unannounced inspections
• Incorporate fraud prevention plans into your Organic System Plan explaining how your operation mitigates fraud and protects organic integrity
• Comply with nonretail labeling requirements (if applicable) to ensure auditability and traceability, which includes organic identification on the label of the nonretail container
• Verify products sourced from foreign countries are accompanied by NOP Import Certificates upon entering the United States
• Ensure suppliers/partners that were previously exempt but now require certification have organic certification as of March 19, 2024. This includes many operations in the middle of the organic supply chain. These entities should start seeking certification now to avoid disruption in the organic supply chain. (see the section “Uncertified entities in the supply chain” for more information)

But don't worry, we're here to help! As your partner in organic certification, we want to work with you proactively to make sure there are no disruptions to your business. We expect lots of new applicants over the next 6 months, so make sure your suppliers are certified by March 19th, 2024.

Under SOE, previously exempt and other new entities will be required to be certified organic. If your operation is part of the organic supply chain, please talk to PCO about organic certification.

Types of Activity & Examples of Operations:

• Operations that buy, sell, trade, or facilitate the sale/trade of organic goods in nonretail packaging or containers.
  • brokers, traders, distributors, and wholesalers who sell organic products that are not labeled for retail sale
  • brand owners that buy ingredients in nonretail packaging to send to co-packers
• Operations that buy, sell, trade, or facilitate the sale or trade of retail-labeled product that is not in sealed, tamper-evident packaging or containers.
  • a grocery store chain’s importing or distribution activities
• Importers of products into the United States as well as exporters of products into the United States
  • brokers, traders, ingredient sourcers, importers, or exporters of organic products
• Storage facilities that store product that is not in sealed, tamper-evident packaging
  • bulk grain storage facilities, some ports of entry that store unpackaged product
  • A controlled environment storage facility offering cross docking services
• Retail operations that process organic product at a separate location from the point of sale
  • central bakeries or kitchens that serve grocery chains
  • facilities offering repack services
• Retail operations that process organic product and have only virtual sales (no physical location)
  • online, phone, or mail order companies that sell organic products with no physical store
• Transport companies that combine, split, or unload unpackaged organic product
  • Rail transloaders

If you are currently engaged in any of the above activities, you are required to become certified organic. Please email us at cst@paorganic.org or call 814-422-0251 to start the certification process!

We anticipate lots of new applicants over the next few months, so to make sure you are certified by March 19th, 2024, applications need to be received as soon as possible.

SOE holds certifiers accountable to prevent fraud across the organic supply chain. At PCO, this means we are:

• Supporting operations with implementation of the new SOE regulations on their operation by providing technical assistance,
• Ensuring our personnel (certification review staff and inspectors) have the relevant knowledge, skills and experience necessary to review and inspect operations of the scope and complexity to which they are assigned,
• Increasing oversight during annual onsite and unannounced inspections through more robust audit protocols, as well as through the initiation of supply chain traceability audits,
• Streamlining our certification process with new procedures and guidance related to adverse actions, including mediations, and standardized issuance of organic certificates through the Organic Integrity Database,
• Collaborating with other certifiers to ensure traceability and verify integrity of organic supply chains.