The USDA National Organic Program’s Transition to Enhanced Import Control: A New Requirement for NOP Import Certificates in ACE
Anil Mathew Varghese
Organil Services (Registered Organic Regulatory Certification Consultancy/Training/Advisory/Assessment/ Accreditation Consultancy) Mobi # +91 8606551335
Effective September 19, 2024, the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) will implement a significant change in the way organic product entries are handled in the Automated Commercial Environment (ACE). This development represents a key step in strengthening the authenticity and integrity of organic imports into the United States, ensuring that only certified organic products meet the high standards of the USDA NOP.
Automated Commercial Environment (ACE) is an online platform used by U.S. Customs and Border Protection (CBP) to streamline and manage import and export data. It serves as a single window for trade filings, allowing businesses to submit required documentation for goods entering or leaving the U.S. ACE helps improve the efficiency of trade, reduce paperwork, and enhance the enforcement of trade regulations, including those related to the USDA's National Organic Program (NOP).
As per the Customs and Border Protection’s (CBP) Cargo Systems Messaging Service (CSMS) # 61723113, the USDA’s Agricultural Marketing Service (AMS), which oversees the NOP, has announced that it will no longer allow the use of the temporary filing code (999-999-T) in ACE for organic imports that do not include a valid NOP Import Certificate (NOP-IC). This shift marks the end of the practice of temporarily filing organic entries without proper documentation and highlights the USDA’s emphasis on tightening the regulatory framework around organic imports.
The Role of the Temporary Filing Code (999-999-T)
The temporary filing code (999-999-T) was introduced to allow organic importers time to obtain the necessary NOP Import Certificate for their shipments. This provision gave importers flexibility in cases where obtaining the certificate might be delayed or where the documentation was in the process of being completed. While this system helped keep trade flows uninterrupted, it also introduced a potential vulnerability, where non-organic products could be misrepresented as organic.
However, as the organic market has expanded, both in the U.S. and globally, concerns regarding the authenticity of organic claims on imported products have grown. The USDA NOP’s decision to eliminate this temporary code underscores the need for stricter oversight to protect consumers, uphold organic standards, and maintain the integrity of the supply chain.
The Importance of the NOP Import Certificate (NOP-IC)
The NOP Import Certificate (NOP-IC) serves as proof that the imported agricultural product has been certified organic according to USDA NOP standards. This document is crucial for confirming that products labeled as organic have been produced, handled, and certified in compliance with the NOP regulations, whether they originate from domestic sources or international ones under trade arrangements.
Without an NOP-IC, imported organic products may face significant delays or even rejection at U.S. ports of entry. The elimination of the temporary filing code highlights the USDA’s prioritization of transparency and accountability in the certification and importation processes. Importers will need to ensure that all organic entries into the U.S. market are accompanied by a valid NOP-IC, eliminating any room for ambiguity or non-compliance.
Implications for Importers
This regulatory change will have a considerable impact on importers of organic products into the United States. Importers must now ensure they have all necessary documentation before initiating the entry process through ACE. Any attempt to file an entry without the NOP Import Certificate will no longer be permitted, which could result in shipment delays, increased scrutiny, or even financial losses.
To adapt to this new regulation, importers should:
- Coordinate closely with their certifying bodies to obtain NOP-ICs in a timely manner.
- Implement stricter documentation checks in their supply chains to avoid disruptions at the point of entry.
- Stay updated with any further guidance from the USDA NOP and CBP to ensure compliance.
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The Broader Impact on Organic Certification
This transition reflects the USDA’s ongoing efforts to safeguard the organic market and provide confidence to consumers who rely on the organic label to ensure quality and sustainability. The NOP has been at the forefront of strengthening organic standards, addressing fraud concerns, and improving traceability within the global organic supply chain.
By enforcing stricter import documentation, the USDA is actively reinforcing the credibility of the organic label. Consumers and businesses alike will benefit from the assurance that organic products entering the U.S. market meet the rigorous requirements of NOP certification, providing greater integrity in the organic food system.
Key Changes
Important Details for Importers
Certifiers will issue a manual version of the NOP-IC in cases of system outages. This manual certificate will feature a 9-digit number ending in “C” (e.g., 840-395-C), which is unique to the certifier.
What to Expect During System Outages:
Preparing for the Change
To avoid disruptions:
A Commitment to Organic Integrity
The USDA’s decision to discontinue the use of the temporary filing code (999-999-T) not the usual 21 digits but certificate numbers will be 9 digits for organic imports underscores its commitment to protecting organic integrity. Effective September 19, 2024, all organic imports must be accompanied by a valid NOP Import Certificate, ensuring that products entering the U.S. market are genuinely organic and compliant with the USDA’s stringent standards.
Importers and stakeholders in the organic industry must be prepared to comply with this new requirement to avoid delays and maintain access to the growing U.S. organic market. This regulatory enhancement ultimately strengthens the bond of trust between consumers and the organic products they purchase, furthering the mission of the National Organic Program in ensuring the highest standards of organic agriculture and trade.