OIA North America

ORGANIC TRANSITIONS

OIA NORTH AMERICA’S CERTIFIED TRANSITIONAL ORGANIC PROGRAM

Introduction and Overview: Under the USDA National Organic Program (NOP) regulations, as contained in 7 CFR 205 of the Code of Federal Regulations, farms and growers wishing to represent their products as organic must comply with rules governing on farm practices, including rules on what pesticides, herbicides, and fertilizers are used on farm. The greatest obstacle that most farms face is the requirement that the land which is to be certified must be managed without the use of prohibited fertilizers, pesticides, herbicides, and other prohibited products for three years before the operation can qualify for organic certification. For operations converting existing agricultural land to organic certification, this three year time period, where only USDA NOP approved inputs are used, is called the transition period. Certification during this transitional period is not required. However, many farms and growers have approached OIA North America about obtaining transitional certification during this time period so that they can be sure that they are complying with the regulations and will qualify for organic certification when the three year transition period is completed. In response to these requests, OIA North America has implemented a Transitional certification program which is more fully described herein.

Benefits of Transitional Certification: While the standard for obtaining Transitional certification is high, there are many benefits to becoming certified as Transitional.

·        CONFIDENCE: One benefit is that a grower can have confidence that their on farm practices are compliant with the regulation and that the inputs they are using meet the requirements of the USDA NOP and that when the three year transitional period is complete they will qualify for organic certification. There is nothing more frustrating for a grower who applies for organic certification after using what he or she thought was an approved product then finding out that the product was in fact prohibited and they do not qualify for organic certification.

·        TIMING: Another benefit is one of timing. Too often, first time applicants for organic certification face a rush to complete the certification process during or immediately preceding their first organic harvest. At this critical time in the season, when they are trying to manage a host of critical timing windows including harvest dates, packing dates, and shipping dates, the first time organic applicant also has to deal with sending in their organic application, responding to the certifier’s questions, scheduling and conducting an onsite inspection and hoping the process is completed in time for the operator to market their product as organic. Obtaining transitional certification can make this process a little less frantic. With transitional certification, OIA North America can track your harvest dates and the anniversary of the three year period. With this information in hand, OIA North America can schedule the final onsite inspection prior to your harvest or anniversary date and if the operation qualifies can issue the first USDA NOP organic certificate on the day the operation passes the three year mark. This can make the first year of full USDA NOP organic certification a significantly less stressful experience than otherwise.

Differences Between Transitional Certification and Full USDA NOP Organic Certification:

While the Transitional certification program uses the same standards as contained in the USDA NOP regulations, there are some differences which should be noted.

·        THREE YEAR RULE: To obtain certification operations must be in current compliance with all of the USDA NOP regulations, except that instead of it being three years since the last application of a prohibited substance, operations must not currently be using any prohibited substance and must be able to document the date of the last application of a prohibited substance.

·        MAY NOT MARKET AS ORGANIC: The most significant difference is that when an operation obtains Transitional certification, they cannot market their products as Organic. Only operations who have passed the three year mark and who have obtained full USDA NOP Organic certification can market their products as organic. During the transitional period, operations cannot represent their products as organic or make reference to the USDA National Organic Program in their marketing materials or labels.

·        NO COST FOR TRANSITIONAL CERTIFICATION: A final difference between Transitional certification and full USDA NOP Organic certification is cost: OIA North America charges no fees for Transitional certification. Operators only pay inspector mileage. Until the operation obtains full USDA NOP Organic certification, there is no charge to the applicant except the mileage for the inspector’s annual visit. Once full USDA NOP Organic certification is obtained, the operator is charged fees and costs as described in the OIA North America USDA NOP Organic fee schedule.

FREQUENTLY ASKED QUESTIONS ABOUT TRANSITIONAL CERTIFICATION:

How much does OIA North America’s Transitional Certification cost? There is no charge for transitional certification. The applicant only pays for the mileage for the annual inspector’s visit. Once an operation crosses the three year anniversary date of the last application of a prohibited substance and obtains full USDA NOP Organic certification the operation is charged fees and costs as described in the OIA North America USDA NOP Organic Certification Fee Schedule.

Can I obtain Transitional certification if my last application of a prohibited substance was two years ago and I only have a single year of transition left? Yes. OIA North America does not require that operations in the Transitional certification program be in the program for three years. What is required for full USDA NOP Organic certification is that an operation be free from the use of prohibited substances for the three years prior to obtaining full USDA NOP Organic certification—an operation can apply for OIA North America Transitional certification at any time in that three year window. If it has been two years since the last application of a prohibited substance, you can apply for Transitional certification now and you will have only one year in the Transitional program before obtaining full USDA NOP Organic certification.

I have scheduled a fertilizer application for next month. The fertilizer is a prohibited substance. I plan on beginning my transitional period after that fertilizer application. Can I apply now for OIA North America’s transitional program? No. An operation that is currently using prohibited substances will not qualify for Transitional certification. Only an operation that is currently managing under organic principles and that complies with all of the USDA NOP Organic regulations except that is has not been three years since the last application of a prohibited substance can become certified under the Transitional program. You should apply only when all of your current and future use of inputs comply with the USDA NOP Organic regulations.

If I obtain Transitional certification, what will my certificate say? Will I be able to sell my products as organic? The certificate will say that the operation is certified as compliant with OIA North America’s Transitional Certification Program and the relevant portions of 7 CFR 205, and will list the Target Transition Date which is the date on which the operation can obtain full USDA NOP Organic certification. You may not represent your products as organic or sell them as organic while certified under OIA North America’s Transitional certification program. In this time period you must continue to represent your products as conventional and not organic. Only upon obtaining full USDA NOP Organic certification can you represent your products as organic.

Is Transitional Certification easier than full USDA NOP Organic Certification? No. Transitional Certification is not a substitute for USDA NOP Organic Certification, but the standard is mostly the same and almost all of the rules of USDA NOP Organic regulations must be complied with. The main difference is that an operation can apply for Transitional certification prior to reaching the three year anniversary of the last application of a prohibited substance. The products may not be marketed as organic. The purpose of the Transitional certification program is to provide an orderly and seamless transition to full USDA NOP Organic certification and allow the grower to have greater confidence about their own compliance and the timing of certification.

Is the paperwork and process for Transitional Certification the same as in USDA NOP Organic Certification? Yes. An operation applying for Transitional Certification will complete the same paperwork and go through the same process as an operation applying for USDA NOP Organic Certification, including onsite inspection, annual renewal, and all other provisions. The difference is not in the paperwork or the process. Some of the differences are that OIA North America does not charge for Transitional certification and the operation is not allowed to represent its products as organic until it obtains full USDA NOP Organic Certification.

Addendum to Standard Certification Contract for Transitional Operations

FOR MORE INFORMATION ABOUT OIA NORTH AMERICA’S TRANSITIONAL CERTIFICATON PROGRAM, PLEASE CONTACT THE OIA NORTH AMERICA OFFICE.