Organic Certification for Brand Owners, Marketers, and Brokers
What Brand Owners, Marketers, and Brokers Should Know About Organic Certification
Summary: Most brand owners, marketers, and brokers working with organic products must be certified under the USDA National Organic Program. However, exemptions exist. If you only sell packaged organic products produced and labeled by a certified co-packer, you may not need certification. Brokers and traders must be certified starting March 19, 2024, under the Strengthening Organic Enforcement (SOE) rule.
Do I Need Organic Certification as a Brand Owner?
In many cases, yes — but there are exceptions.
You are exempt from certification under §205.101(f) if all of the following are true:
- You only buy, sell, receive, store, or prepare products that are:
- Pre-packaged, sealed, and labeled for retail before you receive them
- Remain sealed and unchanged while in your control
This means:
If you hire a certified co-packer to make and label your product, and you only sell the final packaged goods, you do not need certification. However, the co-packer must be certified, and the product must be listed on their organic certificate.
Can I Sell Certified Organic Products Without Being Certified?
Yes, under exemption 205.101(f), you may sell certified organic products if:
- The product is already labeled for retail sale
- You do not handle or alter the product
- The product is listed on your co-packer’s organic certificate
- You have a Private Label Agreement with Oregon Tilth (if applicable)
What Is a Co-Packer?
A co-packer (or co-manufacturer) is a third-party facility that:
- Manufactures, packages, and labels products
- Often handles ingredient sourcing, recipe formulation, and distribution
They produce organic products on your behalf, based on your specs. If they are certified, and you\’re only selling what they produce, you may not need certification yourself.
Do I Need to List My Co-Packer on My Organic Product Label?
Yes, if you are not certified, your product label must include:
- Your co-packer’s name
- Your co-packer’s certifier, e.g., “Certified organic by Oregon Tilth”
Note: If your label says “Certified organic by Oregon Tilth,” this does not mean you are certified. You cannot reuse that label at another facility unless that facility is also certified and approved to use it.
If you are an uncertified brand owner using a certified Oregon Tilth co-packer, you must complete a Private Label Agreement and submit it to your Oregon Tilth client service team.
What if My Co-Packer Refuses to List My Product on Their Certificate?
They must list your branded product on their organic certificate or as an addendum to it. This listing:
- Verifies they’re authorized to manufacture and package your product
- Is required for legal organic sale
If your product is not listed, it cannot be sold as organic.
Do I Need Certification as a Broker or Trader?
Yes. As of March 19, 2024, brokers and traders must be certified under USDA’s Strengthening Organic Enforcement (SOE) rule.
Brokers and traders include operations that:
- Buy or sell organic goods
- Facilitate sales between other certified operations
- Import/export organic goods
- Aggregate or condition product
- Store, receive, label, repackage, or otherwise handle organic products
“Handle” is broadly defined under the USDA organic regulations and includes most supply chain activities.
Why Choose to Get Certified Voluntarily?
Even if certification is not required, many brand owners choose to get certified for greater control and flexibility.
Benefits include:
| Benefit | Description |
|---|---|
| Use one certifier on labels | Coordinate across multiple facilities under one certifier |
| Own your certification | Engage directly with Oregon Tilth instead of going through your co-packer |
| Faster approvals | Submit labels, formulations, and inputs directly |
| Full supply chain oversight | Manage compliance without relying on third parties |
Summary: Do You Need Certification?
| Role | Certification Required? | Notes |
|---|---|---|
| Brand Owner (uncertified, using co-packer) | No, if exemption 205.101(f) is met | Must use sealed, labeled products and complete Private Label Agreement |
| Brand Owner (wants label control or owns ingredients) | Yes | Get certified for direct control of your label and process |
| Broker or Trader | Yes (effective 3/19/24) | Required under SOE rule |
| Co-Packer | Yes | Must be certified to produce organic goods |
Forms & Documents
Still Not Sure?
We can help you figure out if certification is required for your business.
Contact Oregon Tilth:
📧 certification@tilth.org
📞 503-378-0690
🌐 Visit Forms & Documents Page