Does "organic" have a legal definition? Does the "organic" label mean that all ingredients are organic?
Lauren Handel is the principal attorney at Handel Food Law where she represents food, farming, and alcoholic beverage businesses.
Lauren Handel: Who certifies organic products? Does organic mean that a product is entirely from organic ingredients?
Hello, and welcome to TalksOnLaw. My name is Lauren Handel, and I’m going to explain organic food labeling.
The term organic, as used on food products, is defined in USDA regulations—that's the U.S. Department of Agriculture—and the Organic Food Production Act and a set of standards by the National Organic Standard Board. Basically, it means that agriculture products were produced using methods that meet those standards and not using any prohibited or excluded methods. For example, synthetic pesticides, genetically modified or genetically engineered plants are not allowed in organic agriculture. When you're buying a processed product, you might see the label "organic," you might see the USDA organic seal. If you see it on the front of the package, it means that the product was certified organic. Who certifies organic products? Organizations that are accredited by USDA to be able to certify farmers and food processors, and without that certification, you are not allowed to use the term "organic" on the front of a food label.
Does organic mean that a product is entirely from organic ingredients? Well, actually, it doesn't necessarily mean that. If it says 100% organic, then yes, it means the product was produced entirely with organic ingredients. Otherwise, if you see a label that just says organic, it means the product contains at least 95% organic ingredients, and again, those need to be certified organic ingredients. And the other 5% have to be on USDA’s list in its regulation of allowable substances to be used in organic food products. Another label that you might see is “made with organic," and what that means is the product contains at least 70% organic ingredients, and obviously the specified ingredients have to be organic.
Again, my name is Lauren Handel, and thank you for watching TalksOnLaw.