Can You Label Your Food Organic? The USDA Rule
Organic sells at a premium, so it is tempting to write it on a jar of your own jam. But organic is not an FDA nutrition claim at all. It is a USDA program with certification, three defined tiers, and real penalties for using it loosely. Here is what you can and cannot say.
Organic is a USDA claim with three tiers
Organic is run by the USDA National Organic Program under 7 CFR Part 205, not by the FDA. The tier you can use depends on how much of the product, by weight and not counting water or salt, is certified organic.
- 100 percent organic: every ingredient is certified organic, and the label may show the USDA Organic seal
- Organic: at least 95 percent organic ingredients, and the label may show the USDA Organic seal
- Made with organic: 70 to 95 percent organic ingredients, may name a few organic ingredients on the front, but may not show the USDA seal
Certification is the default, with one exemption
Normally you have to be certified by a USDA-accredited agent before you can label or sell a product as organic. There is one exception that matters to small sellers: if you sell 5,000 dollars or less in organic products a year, you are exempt from certification. You still have to follow the organic standards, you just do not have to be certified to sell.
The exemption has hard limits
Even under the small-seller exemption you cannot use the USDA Organic seal, you cannot call your product certified organic, and you cannot sell it as an organic ingredient to another business that is certified. You also have to keep records and follow the same production and handling rules, like avoiding prohibited substances and keeping organic and non-organic products from mixing.
What Nutripane does and does not do
Nutripane builds your Nutrition Facts panel, ingredient list, and allergen line. It does not certify organic status or check your ingredients against the National List, because that is the USDA program's job, not the label layout's. Use organic only when your ingredients and your operation actually qualify, and confirm the current rules with the USDA National Organic Program.
Questions
Can I label my homemade food organic without being certified?
Only in a narrow case. If you sell 5,000 dollars or less in organic products a year, you are exempt from certification but you still have to follow the USDA organic standards. You cannot use the USDA Organic seal, cannot say certified organic, and cannot sell your product as an organic ingredient to a certified business.
What is the difference between organic and made with organic?
Organic means at least 95 percent organic ingredients and can carry the USDA seal. Made with organic means 70 to 95 percent organic ingredients, can name a few organic ingredients on the front, but cannot use the seal. Both still require certification unless you fall under the small-seller exemption.
Keep reading
This page is general information, not legal advice. Cottage food and food labeling rules vary by state and change over time. Confirm current requirements with your state's cottage food program and the FDA before you sell. See your state's rules or how to label your product.