Help Center

Do I need certification as a brand owner?

To protect organic integrity, most entities in the organic supply chain require organic certification. There are limited exemptions outlined in §205.101 that do not require organic certification. Under exemption (f), a brand owner may be exempt if they meet the following requirements:

(f) An operation that only buys, sells, receives, stores, and/or prepares for shipment, but does not otherwise handle, organic agricultural products already labeled for retail sale that:

(1) Are enclosed in sealed, tamper-evident packages or containers that are labeled for retail sale prior to being received or acquired by the operation; and

(2) Remain in the same sealed, tamper-evident packages or containers that are labeled for retail sale and are not otherwise handled while in the control of the operation.

If you contract someone else to produce organic products for you and only sell the finished packaged and labeled product, you — a brand owner — do not require certification. Your co-packer or custom manufacturer is required to be certified.

Can I sell certified organic products without certification?

As a brand owner, your co-packer — e.g., the operation producing, packaging, and labeling the products — is able to list your products on their certificate as a certified organic operation. You will be permitted to sell listed products in accordance with the 205.101 (f) exemption.

Do I need certification as a broker or trader?

As an operation that sells or facilities the sale of organic goods, organic certification is required effective 3/19/2024 with the implementation of NOP’s Strengthening Organic Enforcement (SOE) regulatory update. All entities performing handling activities based on the definition of “handle” (below) require organic certification.

Handle. To sell, process, or package agricultural products, including but not limited to trading, facilitating sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, or loading.

Why would I choose to get certified?

Even if certification is not required, you may choose to get certified to:

• Use one certifier on labels. Certification allows you to work with multiple facilities with different certifiers and label your product with your own single label and certifier designation (pending review and approval).
• Have ownership of an organic certificate. In addition to direct engagement with the certifier — not going through your co-packer for approvals of labels, formulations, etc.— you will have direct oversight of your organic supply chain, not through a third-party co-packer. Your co-packer’s certifier will still need to review records and documentation, but it has been vetted and approved — the result is a more efficient process.

What is a co-packer?

A co-packer — also known as a co-manufacturer — processes products for different companies based on individual specifications and can vary in size and scope. Co-packers provide services such as ingredient sourcing, packaging, labeling, manufacturing, product development and distribution.

If I use a co-packer, do I need to be certified?

If you contract someone else to produce organic products for you and only sell the finished packaged and labeled product, you do not require certification. Your co-packer or custom manufacturer is required to be certified.

Do I need to list my co-packer on my label?

The label for your certified organic product needs to identify the handler and the certifier on the ingredient panel. If you are not certified, this means you will need to list your co-packer and your co-packer’s certifier on your label.

Please note that as an uncertified brand owner, even if your label says “Certified organic by Oregon Tilth,” that does not mean you are certified, or that you can take your product to a separate co-packer and use the same label without submitting labels to their certifier for compliance. Oregon Tilth will require uncertified brand owners using Oregon Tilth certified co-packers to complete a Private Label Agreement.

What if my co-packer will not list my products on their organic certificate?

Your co-packer is required to list your branded products on their certificate, or a separate product addendum, verifying they are authorized by their certifier to make and package your product. If your products are not listed on the co-packer’s organic certificate, you can not sell the products as organic.