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.
It is important to note that exporting and importing are NOT exempt categories of activity under the rule, regardless of the type of packaging used. The exemptions in the rule explain both activities and packaging that may be exempt – importing and exporting are NOT on the list of exempt activities. One of the primary points of the rule was to create a certification handshake across the border – so that there is a certified exporter to the U.S. and a certified importer into the U.S. That importer does not have to be located in the U.S. under the rule, but they do need to be certified regardless of packaging. It is the only way we can keep a link of accountability across the border, which was one of the original needs identified driving the rule.
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.
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.
Yes, under the Handle definition of “Handle” 205.2, importers are required to be certified organic.
This activity is required to be certified under 205.2. Traders are required to be certified although they never physically handle the product.
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.
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.
Yes, these activities are required to be certified can be found under 205.2, under the Handle definition.
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.
Yes, based on definition of “Handle” under 205.2. Very few exemptions exist and can be found in 205.101 (a)-(h).
