What Can Be Certified Organic?

The USDA National Organic Program allows producers growing or processing agricultural products (food, feed, fiber generally) the ability to seek organic certification to market their products under the appropriate label and product claims (100% Organic, Organic, and “Made With”). The four production scopes are Crop, Wild Crop, Livestock, and Handler (Processor). 

The following is intended to be a general guide, but is not considered an exhaustive list of what can or cannot be certified. Please contact MCS to discuss your particular situation. 

NOP §205.100   What has to be certified.

(a) Except for operations exempt or excluded in §205.101, each production or handling operation or specified portion of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.

NOP §205.2   Terms defined.

Organic. A labeling term that refers to an agricultural product produced in accordance with the Act and the regulations in this part.

Agricultural product. Any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock, that is marketed in the United States for human or livestock consumption. 

Agricultural Products

• Wild cropping (also known as wild harvesting) (Maple Trees, mushrooms, herbs, wild-harvested seaweeds, etc.)
• Crops (vegetables, grains, flowers, fruits, mushrooms, pasture, hay, hemp, livestock feed, cultivated seaweeds, etc.)
• Processed/Handled Products (seeds, dried herbs and flowers, or any value-added products considered beyond normal post-harvest handling of raw agricultural products, including products produced on-farm like jams or baked goods)

Livestock and Livestock Products

• Ruminants  (cows, sheep, goats, etc.)
• Non-ruminants (pigs, rabbits etc.)
• Poultry (broilers, turkey, etc.)
• Livestock Products (eggs, meat, wool/fiber, milk)

Sea Vegetables

• Cultured (line-grown on DMR lease sites) or wild harvested from approved harvest territories (kelp, Alaria, Dulse, etc.)

Processed Products

• Beauty Products (shampoo, lotion, lip balm, etc.)
• Products for Human Consumption (coffee, pancake mix, maple syrup, etc.) or Livestock Feed (mixed rations, etc.)
• Products that fit into the following 3 categories: 
  • 100% Organic §205.301(a)  Product composition
    • Ingredients in products labeled as “100% Organic” must be 100% organic and all processing aids must be certified organic.
  • Organic §205.301(b)   Product composition
    • Products labeled “Organic” must have a minimum of 95% organic agricultural ingredients by weight or fluid volume (excluding water and salt) and may contain:
      • Non-synthetic and synthetic ingredients listed on the National List 205.605, according to any
        annotation or restriction
      • Non-organic agricultural ingredients listed in NOP §205.606, provided records are kept to indicate lack
        of commercially available organic sources
  • Made with Organic §205.301(c)   Product composition
    • Products labeled “Made with Organic [specified ingredients or food groups]” must contain a minimum of 70% organic agricultural ingredients by weight or fluid volume (excluding water and salt). Other ingredients or processing aids may be:
      • Non-synthetic and synthetic ingredients listed on the National List 205.605, according to any
        annotation or restriction
      • Non-organic agricultural ingredients listed in NOP §205.606, provided records are kept to indicate lack
        of commercially available organic sources
      • No excluded methods as defined in NOP §205.105 are allowed

What Can’t Be Certified Organic?

Medical/ Adult Use Cannabis

Cannabis, other than hemp, remains illegal on the federal level and is not eligible to be labeled “Organic”  which is a trademarked term under the USDA National Organic Program (NOP). MOFGA Certification Services offers a third-party verification for Maine-based cannabis operations using standards that mirror the NOP organic crop standards.  For more information about how to become a Certified Clean Cannabis by MOFGA (MC3) producer, please visit our website here.

Non Soil-based Crop Production

MOFGA Certification Services (MCS) interprets the Organic Foods Production Act (OFPA) and the NOP standards to require any crop grown to maturity (excluding the production of planting stock, sprouts, mushrooms, fodder, and annual seedlings) to be grown in soil. Although the NOP currently allows the production of soil-less crop production to be certified, MCS does not interpret the intent of OFPA and the NOP standards to allow this.  

Water & Salt

Generally, the organic regulations exclude water and salt from certification, although there are provisions to ensure water is potable and salt used is not produced using prohibited substances like anti-caking agents, etc.  

• NOP §205.301(c)   Product composition
  • Products labeled “Made with Organic [specified ingredients or food groups]” must contain a minimum of 70% organic agricultural ingredients by weight or fluid volume (excluding water and salt)

Material Inputs and Amendments

This is a common area of confusion, because material inputs (fertilizers, compost, pesticides, fungicides, wood ash, cleaning and sanitizing materials, processing aids, etc.) are considered “approved for use in organic production” vs. “certified organic”. Allowed substances must be approved (including adherence to certain restrictions) and on the National List of Allowed and Prohibited Substances, which lists allowed items by production scope (crop, livestock, and processed products). Please contact MCS if you have any questions. 

Aquaculture (except Sea Vegetables)

There are currently no NOP standards for the certification of aquatic animals (seafood – mussels, oysters, finfish, etc.). The National Organic Standards Board passed aquaculture standards recommendations to the NOP in 2007, but to date the NOP has not moved rulemaking forward. The NOP has signaled that it may move forward in the near future, but until there are specific standards to use, certifiers are unable to certify aquatic animals. 

Lumber/ Wood Products

This category is not considered an agricultural product, and therefore cannot be “certified organic”. There are situations where these types of products can be “approved for use in organic production”. For example, production aids made of wood products like shavings can be used in a substrate used to grow mushrooms. Certifiers verify that no prohibited substances were applied to the wood product prior to use in organic production. Pressure treated wood (or wood containing acetate) is prohibited from being in contact with soil, livestock, or livestock products due to the potential for leaching.