The deadline to implement the Strengthening Organic Enforcement (SOE) rule is rapidly approaching. Take action now to ensure compliance by the effective date of March 19, 2024.

The USDA anticipates that the new SOE rule will have widespread implications for importers, exporters, brokers, wholesalers, and traders. Nearly all entities involved in receiving, storing, or preparing organic products for shipment will be required to obtain organic certification, with few exceptions.

Find the latest information for USDA’s National Organic Program (NOP) regarding the USDA’s Strengthening Organic Enforcement (SOE) final rule.

Download a list of fruits and vegetables having specific Certified Organic HTS Numbers.

For Certified Organic items not listed in spreadsheet, importers must use the tariff number listed for those items on the Harmonized System of Tariffs (HTS); Chapter 7 & 8 are included in PDF on the NOP Certificates .

NOTE: Exporters/Importers are using wrong HTS numbers on the NOP certificates, and some HTS numbers change throughout the year according to tariff headings.

• USDA accredited
  certifying agents
• Organic inspectors
• Producers
• Processors
• Brokers
• Traders
• Exporters
• Importers who are
  not certified
  organic

• USDA Rules & Regulations
• SOE Final Rule
• Information about Strengthening Organic Enforcement 
• NOP Import Certificate Data Flow 
• Accredited Certifying Agents –  links to a list of certifiers operating throughout the United States and in many countries worldwide. For specific information on certification processes, fees and technical policies, please choose a certifying agent and contact them directly.

Anyone impacted by SOE, including importers and exporters, should carefully review the final rule section on Import Certificates to learn about the requirements.  However, the following points highlight some essential facts about how these requirements are being implemented.   

• Import certificates can be generated by certifiers in the NOP’s Organic Integrity Database, using requests provided by certified exporters of organic product to the U.S. Certifiers then provide key information, such as the certificate number, back to the exporter.  
• The exporter provides the information to the importer for entry into the U.S. Customs and Border Protection (CBP) import system (called “ACE”).  – this is part of the standard import filing package.  
• This requirement, along with other requirements in the rule, generally means many exporters outside the U.S. need to get certified.  For example, a country with an equivalency arrangement with the U.S. may not currently require certain handlers to be certified – if, however, that handler is required to be certified under SOE to export to the U.S., they need to get certified.    
• For countries with which we have a recognition or equivalency arrangement, NOP is working with the other country’s government to add certifiers and exporters into a new part of the Organic Integrity Database – this new database module called GLOBAL has already been launched.    
• Certifying agents can now generate electronic import certificates in the NOP Organic INTEGRITY Database. Contact the exporter’s certifier for more information about how they are handling these.  
• Once they start learning about the import certificate, some businesses have follow-up questions on how the form should be filled out.  The purpose of the form is to provide information that will enable certifiers and the National Organic Program to effectively trace imports back to exporters, to help support cross-border connections – and be able to more quickly and effectively follow up along supply chains to verify the integrity of organic shipments.  As such, businesses should consult with their supply chains and certifiers to determine how best to complete the individual field on the form itself to best support that traceability.  
• Import certificates may be issued for single or multiple shipments or for a specific timeframe, depending on the certifiers’ oversight systems.  
• There is one import certificate per commodity or Harmonized Tariff Schedule (HTS) code (https://hts.usitc.gov/). In GLOBAL INTEGRITY, the commodity/product must be entered as the 10-digit HTS code.  
• We have gotten several questions about packing size: as long as the commodity is the same, the size of the packaging can vary. For example, pint-sized containers, quart-sized containers, or bulk blueberries could be shipped under the same certificate.  
• The NOP Import Certificate has been available in PDF form for many years.  It is not required out of our database until March 19, 2024, however buyers may already be checking for the certification status of exporters to prepare for final rule implementation.

Specifically for Customs Brokers

The certificate will be filed in the Automated Commercial Environment (ACE) when you file your other Partner Government Agency (PGA) requirements. You only need to input the certificate number in ACE when prompted – there is no upload to DIS. Some of the organic import certificates will be good for an extended time frame, so you will be able to use those certificates for more than one entry. Certificates are issued for each HTS codes – and are provided to the exporter from the organic certifier in the foreign country. Currently, the system is live, and certificates can be filed now in ACE. We are encouraging importer and brokers to start filing import certificates in ACE to test out the process before the mandatory effective date of March 19, 2024.

• Do importers in the United States need to hold an organic handling certification to receive and handle the products mentioned? Yes, under the Handle definition of “Handle” 205.2, importers are required to be certified organic. 

• What if the importer only handles sales and does not physically handle the product, do they need an organic handling certification? This activity is required to be certified under 205.2. Traders are required to be certified although they never physically handle the product.  
• If the importer and recipient are different entities, how should this be reflected in block 7 of the NOP Certificate? Block 7 should include the name of the person on the invoice from the receiving end. Regardless, the all recipients involved with the shipment will need to be reported so it can be registered on the Organic Integrity Database. 
• Is the recipient considered the final handler? This depends on your supply chain and what the final destination of the product is. If you have a particular scenarios please let us know. 
• Must sellers of USDA organic products have an USDA Organic Certification for their entity?   Yes, these activities are required to be certified can be found under 205.2, under the Handle definition. 
• If so, what are the specific NOP regulations or resources that outline this requirement? This can be found under 205.2 of the regulations, under the Handle definition: Handle. To sell, process, or package agricultural products, including but not limited to trading, facilitating sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, or loading.

• Does the recipient of the imported organic product also need to hold an organic certification? Yes, based on definition of “Handle” under 205.2. Very few exemptions exist and can be found in 205.101 (a)-(h).