7 U.S.C. § 6505

Compliance requirements

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(a) Domestic products(1) In generalOn or after October 1, 1993—(A) a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this chapter; and(B) no person may affix a label to, or provide other market information concerning, an agricultural product if such label or information implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this chapter.(2) USDA standards and seal

A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal.

(b) Imported products

Imported agricultural products may be sold or labeled as organically produced if the Secretary determines that such products have been produced and handled under an organic certification program that provides safeguards and guidelines governing the production and handling of such products that are at least equivalent to the requirements of this chapter.

(c) Exemptions for processed foodSubsection (a) shall not apply to agricultural products that—(1) contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to be used on the principal display panel of such products only for the purpose of describing the organically produced ingredients; or(2) contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to appear on the ingredient listing panel to describe those ingredients that are organically produced in accordance with this chapter.(d) Small farmer exemption

Subsection (a)(1) shall not apply to persons who sell no more than $5,000 annually in value of agricultural products.

(Pub. L. 101–624, title XXI, § 2106, Nov. 28, 1990, 104 Stat. 3937.)

Notes of Decisions

Cited in 4 cases, 2005–2015 · leading case: Quesada v. Herb Thyme Farms, Inc.

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Quesada v. Herb Thyme Farms, Inc. (2015) cal · cites it 5× “( 7 U.S.C. § 6505 (a)(1).) 3 The Organic Foods Act effectively federalizes the term “organic”—an agricultural product is, and may be labeled as, organic if and only if it has been produced in accordance with federally approved standards for what that term is to mean.”

Harvey v. Veneman (2005) ca1 · cites it 5× “See 7 U.S.C. §§ 6505 (a)-(c), 6510 (forbidding labeling of products as organically produced unless produced in accordance with the Act and providing that *37 no more than 5% nonorganic ingredients may be added to processed foods handled in accordance with the Act, but also…”

Brown v. Hain Celestial Group, Inc. (2012) cand “” FAC ¶ 12 (citing 7 U.S.C. § 6505 ; 7 C.F.R. § 205.301 ). Plaintiffs claim that these regulations do not apply to the Products, which are considered cosmetic products, rather than foods, but that the federal definition has shaped consumer expectations for organic products.”

In Re Aurora Dairy Corp. Organic Milk Marketing (2010) ca8 “7 U.S.C. § 6505 (a)(1)(A). The OFPA creates a certification program, requiring producers of agricultural products marketing their products as “100 percent organic,” “organic,” or “made with organic” ingredients (collectively, OFPA Terms) to be certified by the USDA or pay a…”

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