NOP Issues Draft Organic Labeling Guidance

The U.S. Department of Agriculture’s National Organic Program (NOP) has
issued draft guidance “to address the labeling, composition of and use of
percentage statements in ‘made with organic (specified ingredients or food
groups).’” Under NOP regulations, conventional non-organic ingredients
produced without the use of genetically modified organisms, sewage sludge
or ionizing radiations, as well as natural and synthetic substances exempted
from the NOP’s prohibited ingredients list, may comprise up to 30 percent of a
product labeled “made with organic (specified ingredients or food group(s)).”

Such labeling may also display the percentage of organic ingredients in the product, but must be accompanied by the appropriate “made with organic” statement. According to NOP, acceptable variations of percentage claim statements include: (i) ‘‘X% Organic,’’ (ii) ‘‘X% Organic Ingredients,’’ (iii) ‘‘Contains X% Organic Ingredients,’’ and (iv) ‘‘Made with X% Organic Ingredients.” Other percentage claims “may be acceptable as long as they are not misleading,” notes NOP, which specifically prohibits “made with 100% organic (specified ingredients or foods groups)” labels because they may lead consumers into thinking “that the ‘made with’ product qualifies for the ‘100% organic’ category.”

NOP has issued draft guidance to clarify these regulations, addressing (i)
“the use of nonorganic ingredients in ‘made with organic (specified ingredients
or food groups)’ products,” and (ii) “the use of statements about the
percentage of organic ingredients within the ‘made with organic (specified
ingredients or food groups)’ labeling category.” The agency invites comments
from producers, handlers, certifying agents, consumers, and other interested
parties before March 14, 2011. See Federal Register, January 13, 2011.