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Notes

7 C.F.R. §§ 205.300–205.303

4 sections in range

§205.300. Use of the term, “organic.”

7 C.F.R. § 205.300

(a)
The term, “organic,” may only be used on labels and in labeling of raw or processed agricultural products, including ingredients, that have been produced and handled in accordance with the regulations in this part. The term, “organic,” may not be used in a product name to modify a nonorganic ingredient in the product.
(b)
Products for export, produced and certified to foreign national organic standards or foreign contract buyer requirements, may be labeled in accordance with the organic labeling requirements of the receiving country or contract buyer: Provided, That, the shipping containers and shipping documents meet the labeling requirements specified in § 205.307(c).
(c)
Products produced in a foreign country and exported for sale in the United States must be certified pursuant to subpart E of this part, labeled pursuant to this subpart D, and must comply with the requirements in § 205.273.
(d)
Livestock feeds produced in accordance with the requirements of this part must be labeled in accordance with the requirements of § 205.306.
Notes, amendments, and revision history

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

§205.301. Product composition.

7 C.F.R. § 205.301

(a)
Products sold, labeled, or represented as “100 percent organic.”— A raw or processed agricultural product sold, labeled, or represented as “100 percent organic” must contain (by weight or fluid volume, excluding water and salt) 100 percent organically produced ingredients. If labeled as organically produced, such product must be labeled pursuant to § 205.303.
(b)
Products sold, labeled, or represented as “organic.”— A raw or processed agricultural product sold, labeled, or represented as “organic” must contain (by weight or fluid volume, excluding water and salt) not less than 95 percent organically produced raw or processed agricultural products. Any remaining product ingredients must be organically produced, unless not commercially available in organic form, or must be nonagricultural substances or nonorganically produced agricultural products produced consistent with the National List in subpart G of this part. If labeled as organically produced, such product must be labeled pursuant to § 205.303.
(c)
Products sold, labeled, or represented as “made with organic (specified ingredients or food group(s)).”— Multiingredient agricultural product sold, labeled, or represented as “made with organic (specified ingredients or food group(s))” must contain (by weight or fluid volume, excluding water and salt) at least 70 percent organically produced ingredients which are produced and handled pursuant to requirements in subpart C of this part. No ingredients may be produced using prohibited practices specified in paragraphs (f)(1), (2), and (3) of § 205.301. Nonorganic ingredients may be produced without regard to paragraphs (f)(4), (5), (6), and (7) of § 205.301. If labeled as containing organically produced ingredients or food groups, such product must be labeled pursuant to § 205.304.
(d)
Products with less than 70 percent organically produced ingredients. The organic ingredients in multiingredient agricultural product containing less than 70 percent organically produced ingredients (by weight or fluid volume, excluding water and salt) must be produced and handled pursuant to requirements in subpart C of this part. The nonorganic ingredients may be produced and handled without regard to the requirements of this part. Multiingredient agricultural product containing less than 70 percent organically produced ingredients may represent the organic nature of the product only as provided in § 205.305.
(e)
Livestock feed.
(1)
A raw or processed livestock feed product sold, labeled, or represented as “100 percent organic” must contain (by weight or fluid volume, excluding water and salt) not less than 100 percent organically produced raw or processed agricultural product.
(2)
A raw or processed livestock feed product sold, labeled, or represented as “organic” must be produced in conformance with § 205.237.
(f)
All products labeled as “100 percent organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not:
(1)
Be produced using excluded methods, pursuant to § 205.105(e);
(2)
Be processed using ionizing radiation, pursuant to § 205.105(f);
(3)
Be produced using sewage sludge, pursuant to § 205.105(g);
(4)
Be processed using processing aids not approved on the National List of Allowed and Prohibited Substances in subpart G of this part: Except, That, products labeled as “100 percent organic,” if processed, must be processed using organically produced processing aids;
(5)
Contain sulfites, nitrates, or nitrites added during the production or handling process, Except, that, wine containing added sulfites may be labeled “made with organic grapes”;
(6)
Be produced using nonorganic ingredients when organic ingredients are available; or
(7)
Include organic and nonorganic forms of the same ingredient.
Notes, amendments, and revision history

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 80 FR 6429, Feb. 5, 2015; 88 FR 3621, Jan. 19, 2023]

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 80 FR 6429, Feb. 5, 2015; 88 FR 3621, Jan. 19, 2023]

§205.302. Calculating the percentage of organically produced ingredients.

7 C.F.R. § 205.302

(a)
The percentage of all organically produced ingredients in an agricultural product sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s)),” or that include organic ingredients must be calculated by:
(1)
Dividing the total net weight of the combined organic ingredients at formulation by the total weight of all ingredients of the product at formulation. Water and salt added as ingredients at formulation are excluded from the calculation.
(2)
Dividing the total fluid volume of the combined organic ingredients at formulation by the total fluid volume of all ingredients of the product at formulation if the product and ingredients are liquid. Water and salt added as ingredients at formulation are excluded from the calculation. If the liquid product is identified on the principal display panel or information panel as being reconstituted from concentrates, the calculation should be made based on single-strength concentrations of all ingredients.
(3)
For products containing organically produced ingredients in both solid and liquid form, dividing the combined net weight of the solid organic ingredients and the net weight of the liquid organic ingredients at formulation by the total weight of all ingredients of the product at formulation. Water and salt added as ingredients at formulation are excluded from the calculation.
(b)
The percentage of all organically produced ingredients in an agricultural product must be rounded down to the nearest whole number.
(c)
The percentage must be determined by the handler who affixes the label on the consumer package and verified by the certifying agent of the handler. The handler may use information provided by the certified operation in determining the percentage.
Notes, amendments, and revision history

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.

Amendments

[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3622, Jan. 19, 2023]

§205.303. Packaged products labeled “100 percent organic” or “organic.”

7 C.F.R. § 205.303

(a)
Agricultural products in packages described in § 205.301(a) and (b) may display, on the principal display panel, information panel, and any other panel of the package and on any labeling or market information concerning the product, the following:
(1)
The term, “100 percent organic” or “organic,” as applicable, to modify the name of the product;
(2)
For products labeled “organic,” the percentage of organic ingredients in the product; (The size of the percentage statement must not exceed one-half the size of the largest type size on the panel on which the statement is displayed and must appear in its entirety in the same type size, style, and color without highlighting.)
(3)
The term, “organic,” to identify the organic ingredients in multiingredient products labeled “100 percent organic”;
(4)
The USDA seal; and/or
(5)
The seal, logo, or other identifying mark of the certifying agent which certified the production or handling operation producing the finished product and any other certifying agent which certified production or handling operations producing raw organic product or organic ingredients used in the finished product: Provided, That, the handler producing the finished product maintain records, pursuant to this part, verifying organic certification of the operations producing such ingredients, and: Provided further, That, such seals or marks are not individually displayed more prominently than the USDA seal.
(b)
Agricultural products in packages described in § 205.301(a) and (b) must:
(1)
For products labeled “organic,” identify each organic ingredient in the ingredient statement with the word, “organic,” or with an asterisk or other reference mark which is defined below the ingredient statement to indicate the ingredient is organically produced. Water or salt included as ingredients cannot be identified as organic.
(2)
On the information panel, below the information identifying the handler or distributor of the product and preceded by the statement, “Certified organic by * * *,” or similar phrase, identify the name of the certifying agent that certified the handler of the finished product and may display the business address, Internet address, or telephone number of the certifying agent in such label.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 6501-6524.

Source

Source: 65 FR 80637, Dec. 21, 2000, unless otherwise noted.