Do Not Allow Both Organic and Non-Organic Forms of the Same Ingredient
in the “Made With” (70%) Category
Tom Hutcheson
Associate Policy Director
October 12, 2004
It has come to OTA's attention that there is certified organic product in the “made with organic [specified ingredients or food group(s)]” label category that contains both organic and non-organic forms of the same ingredient. OTA believes that the plain language of the rule does not allow the certification of such a product, specifically 7 CFR 205.301(f), which states:
All products labeled as “100 percent organic” or “organic” and all ingredients identified as “organic” in the ingredient statement of any product must not…(7) Include both organic and non-organic forms of the same ingredient. (Italics are OTA’s.)
Given what OTA understands as NOP’s current interpretation of the Final Rule, however, OTA proposes removing any inconsistency between the rule as it applies to products as opposed to ingredients by adding the following text as the penultimate sentence in 7 CFR 205.301(c):
“All products labeled as “made with organic [specified ingredients or food group(s)]” must not include both organic and non-organic forms of the same ingredient, if that ingredient is included in the calculation of the percentage of organic ingredients.”
An example is a bean dip made with 69% organic beans, 1% organic tomatoes, and 30% non-organic tomatoes that may currently be labeled “made with organic beans and tomatoes.” OTA understands that NOP’s current interpretation allows this scenario, believes that this is damaging to the integrity of the organic claim, and requests NOSB to formally support OTA’s position and recommend a rule change to the Secretary. | 
