Strengthening Organic Enforcement (SOE): What Producers Need to Know

The Strengthening Organic Enforcement (SOE) final rule is the most comprehensive update to USDA National Organic Program (NOP) regulations since the program's original implementation in 2002. Published in January 2023 and effective March 20, 2024, SOE amends 7 CFR Part 205 to close loopholes that had allowed fraudulent products to enter the organic supply chain.

SOE was developed after years of documented organic fraud cases — particularly in grain imports — that undermined genuine organic producers by introducing fraudulent organic products at lower cost, suppressing prices and damaging consumer trust. The rule was strongly supported by the Organic Trade Association (OTA) and the broader organic industry as a necessary protection for the integrity of the certified organic label.

SOE's core changes affect:

• Who must be certified (expanded scope to more supply chain participants)

• Import and trade documentation requirements

• Inspection and oversight requirements

• Fraud prevention and enforcement mechanisms

• Producer and handler recordkeeping and traceability

The SOE final rule was published in the Federal Register on January 19, 2023, and became effective on March 20, 2024 — providing the organic community with approximately 14 months to prepare for compliance.

On March 20, 2024, the following key changes took effect:

• Expanded certification requirements: More operations in the organic supply chain — including certain brokers, traders, importers, and exporters — became required to obtain certification

• Mandatory import certificates: Organic products imported into the United States now require a National Organic Program Import Certificate (NOPIC) at the port of entry, providing end-to-end traceability for imported organic products

• Strengthened inspection requirements: Annual on-site inspection requirements were expanded and tightened, with new unannounced inspection authority

• Uniform certificate format: All certifiers must now use a standardized Certificate of Organic Operation format, making verification easier and fraud harder

• Enhanced fraud prevention: New requirements for supply chain traceability, audit trails, and investigation authority

USDA's decision to strengthen organic enforcement was driven by documented evidence of organic fraud that had grown significantly in the years preceding the SOE rule.

The most high-profile case: In 2017, the Washington Post published an investigation revealing that millions of pounds of conventional grain were being imported and sold as certified organic, primarily from Eastern Europe and South America. The grains entered the supply chain through brokers and traders who were not required to be certified — a gap in the original NOP regulations that SOE was specifically designed to close.

The consequences of organic fraud are severe for legitimate producers:

• It suppresses organic grain prices by flooding the market with fraudulently-labeled conventional product at below-market organic prices

• It erodes consumer trust in the organic label

• It creates unfair competition for producers who are genuinely following organic standards

SOE expanded the universe of operations required to be certified under the NOP. The rule affects:

Existing certified operations (farmers, handlers, processors):

• Must comply with new traceability, recordkeeping, and inspection requirements

• Must use the new standardized Certificate of Organic Operation format

• Importers of record who handle certified organic products from abroad must obtain NOP certification

Newly required to certify under SOE:

• Certain brokers and traders who buy and sell organic products, even if they never take physical possession of products

• Importers bringing organic products into the U.S. commerce stream

• Certain exporters of organic products from the U.S.

The practical impact for farm producers is primarily in documentation and traceability: buyers further along the supply chain now require more rigorous organic documentation, and producers should ensure their records support complete lot-level traceability from field to first buyer.

For most certified farm operations, SOE's direct impacts center on documentation and traceability requirements. Here's what changed for producers:

Strengthened recordkeeping:

• Lot identification and traceability from field to first sale is now explicitly required and subject to audit

• All transactions involving organic products must be documented with sufficient detail to trace product origin

Standardized certificates:

• Your Certificate of Organic Operation now uses a standardized national format, making it easier for buyers to verify your certification status

More rigorous buyer expectations:

• Under SOE, your buyers — especially handlers, processors, and exporters — now face tighter compliance requirements of their own, and may request more robust documentation from you as a result

Inspection:

• USDA and certifiers have enhanced authority to conduct unannounced inspections of certified operations

Practically speaking, producers who already maintain strong records and have clean lot traceability systems will find the SOE transition minimal. Those without robust record systems should prioritize getting those in place.

SOE formalized and strengthened traceability requirements that were implicit under the original NOP regulations. Specifically:

Lot-level traceability:

• Certified operations must be able to trace organic products from point of production (field or herd) through all handling steps to the final sale

• Lot numbers or other unique identifiers must be maintained throughout the chain

Transaction documentation:

• All commercial transactions involving organic products must be supported by documentation — invoices, bills of lading, transaction certificates — that includes the certifier name, certificate number, and organic status

Import traceability:

• For imported organic products, the NOP Import Certificate (NOPIC) establishes a verifiable paper trail from country of origin through U.S. customs

Audit trail maintenance:

• The complete audit trail must be maintained for 5 years and must be producible upon request by your certifier or USDA

One of SOE's most significant structural changes was the introduction of the NOP Import Certificate (NOPIC) — a mandatory document required for all organic products imported into the United States.

Key NOPIC requirements:

• Every shipment of organic products entering U.S. commerce from another country must be accompanied by a NOPIC issued by the foreign operation's USDA-accredited certifying agent

• The NOPIC must be presented at the U.S. port of entry and is submitted to U.S. Customs and Border Protection

• The NOPIC includes: exporter information, importer information, product description, certifier information, and a unique certificate number traceable to the foreign certifying agent's records

Why this matters for U.S. producers:

The NOPIC system closes the loophole that allowed fraudulent foreign organic products to enter U.S. commerce. It protects domestic organic producers from unfair competition by fraudulently-labeled imports and protects the price premiums earned by legitimate certified operations.

Several excellent resources are available to help producers and handlers understand and achieve SOE compliance:

Official USDA Resources:

• USDA AMS NOP SOE landing page at ams.usda.gov contains the full final rule text, fact sheets, and compliance guides organized by operation type

• USDA's NOP Guidance documents provide detailed implementation guidance

• USDA AMS has produced specific SOE training webinars for producers, handlers, and certifiers

Industry Resources:

• Accredited Certifiers Association (ACA): Offers SOE-specific training through ACAdemy, including guidance on what certifiers now expect from operations during inspections (acaorganic.org)

• Organic Trade Association (OTA): Published SOE implementation guidance for industry members (ota.com)

Your Certifier:

• Your USDA-accredited certifying agent is your primary compliance partner. Contact them directly with specific questions about how SOE affects your operation — they are required to be knowledgeable about SOE compliance.

Protecting the organic marketplace from fraud is everyone's responsibility — and the mechanisms for reporting suspected fraud have been strengthened under the SOE rule.

Who to contact:

1. USDA AMS National Organic Program:

• The NOP investigates complaints about fraudulent organic certifications or misuse of the organic label

• Submit complaints through USDA AMS at ams.usda.gov/nop

• Complaints can be submitted anonymously

2. The responsible certifying agent:

• If you believe a specific certified operation is not following organic standards, you can file a complaint directly with their certifying agent

• Certifiers are required to investigate complaints

3. USDA Office of Inspector General (OIG):

• For more serious suspected fraud cases — especially involving interstate commerce or large-scale supply chain fraud — the USDA OIG investigates

Under SOE, civil penalties for violations of the Organic Foods Production Act have been updated and enforcement capacity expanded. Reporting suspected fraud is an act of advocacy for every legitimate organic producer.