7 C.F.R. § 205.100

What has to be certified

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(a) Except for the exempt operations described in § 205.101, each operation or portion of an operation that produces or handles agricultural products intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.

(b) Any production or handling operation or specified portion of a production or handling operation that has been already certified by a certifying agent on the date that the certifying agent receives its accreditation under this part shall be deemed to be certified under the Act until the operation's next anniversary date of certification. Such recognition shall only be available to those operations certified by a certifying agent that receives its accreditation within 18 months from February 20, 2001.

(1) Knowingly sells or labels a product as organic, except in accordance with the Act, shall be subject to a civil penalty of not more than the amount specified in § 3.91(b)(1) of this title per violation.

(2) Makes a false statement under the Act to the Secretary, a governing State official, or an accredited certifying agent shall be subject to the provisions of section 1001 of title 18, United States Code.

[65 FR 80637, Dec. 21, 2000, as amended at 70 FR 29579, May 24, 2005; 80 FR 6429, Feb. 5, 2015; 88 FR 3621, Jan. 19, 2023]

Notes of Decisions

Cited in 4 cases, 2011–2015 · leading case: Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012).

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Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012). “§ 6503 (d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. §§ 205.100 , .102 (describing which products can carry the “organic” label).”

Kelly v. Cape Cod Potato Chip Co., 81 F. Supp. 3d 754 (W.D. Mo. 2015). “” 7 C.F.R. § 205.100 . As Plaintiff does not allege that any of the Chips are sold as “organic,” the National Organic Program rules and definitions do not apply to them.”

Johnson v. Paynesville Farmers Union Coop. Oil Co., 802 N.W.2d 383 (Minn. Ct. App. 2011). “7 C.F.R. §§ 205.100 , .102, .300 (2011); see also Minn.”

Quesada v. Herb Thyme Farms (Cal. Ct. App. 2013). “(§ 6519(a); 7 C.F.R. § 205.100 (c)(1) (2012).) Congress directed the USDA to establish an ―expedited administrative appeals procedure‖ that allows a person to appeal any action taken under the federal program by the USDA, the applicable governing state official, or a certifying…”

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