The Office of the U.S. Trade Representative (USTR) has announced a “historic new partnership” with the European Union that recognizes its organic standards as essentially equivalent to those administered by the U.S. Department of Agriculture (USDA). Effective June 1, 2012, the trade agreement will allow organic products certified by EU or USDA officials to be sold “as organic in either region.”

“Previously, growers and companies wanting to trade products on both sides
of the Atlantic had to obtain separate certifications to two standards, which
meant a double set of fees, inspections and paperwork,” explains a February
15, 2012, USTR press release. “This partnership eliminates significant barriers,
especially for small and medium-sized organic producers. All products
meeting the terms of the partnership can be labeled as certified organic
produce, meat, cereal, or wine.”

According to USTR, the two parties conducted “thorough on-site audits” to ensure that their organic programs were compatible. Because EU regulations restrict the use of antibiotics to treating infected animals only, the partnership terms will require certifying agents to “verify that antibiotics were not used for any reason” in traded organic products. These items must also bear an export certificate that (i) enables product tracking, (ii) identifies the production location and certifying organization, and (iii) confirms that “prohibited substances and methods weren’t used” during production.

“The United States and the European Union will continue to have regular discussions and will review each other’s programs periodically to verify that the terms of the partnership are being met,” concludes USTR, which has valued the two organic sectors at $50 billion combined. “The EU and U.S. will also begin to work on a series of cooperation initiatives to promote organic production and tackle important topics such as animal welfare and other issues. Both programs will share technical information and best practices on an ongoing basis to further enhance the integrity of organic crops and livestock production systems.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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