7 C.F.R. § 205.308

Agricultural products in other than packaged form at the point of retail sale that are sold, labeled, or represented as “100 percent organic” or “organic.”

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(a) Agricultural products in other than packaged form may use the term, “100 percent organic” or “organic,” as applicable, to modify the name of the product in retail display, labeling, and display containers: Provided, That, the term, “organic,” is used to identify the organic ingredients listed in the ingredient statement.

(b) If the product is prepared in a certified facility, the retail display, labeling, and display containers may use:

(1) The USDA seal; and

(2) The seal, logo, or other identifying mark of the certifying agent that certified the production or handling operation producing the finished product and any other certifying agent which certified operations producing raw organic product or organic ingredients used in the finished product: Provided, That, such seals or marks are not individually displayed more prominently than the USDA seal.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: In Re Aurora Dairy Corp. Organic Milk Mktg., 621 F.3d 781 (8th Cir. 2010).

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In Re Aurora Dairy Corp. Organic Milk Mktg., 621 F.3d 781 (8th Cir. 2010). “But the “mark of excellence” is nothing more than a mark identifying QAI as the certifying agent, which generally is required pursuant to 7 C.F.R. § 205.308 (b)(2) (“Agricultural products .”

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