Organic Label Requirements

Labeling is an important and often confusing part of the USDA organic regulations. WSDA Organic Program has developed resources to help explain the various requirements for organic labeling. The full rules for labeling of organic products can be found in the Subpart D of the USDA organic regulations, Labels, Labeling, and Market Information. The requirements depend on the organic claim being made and on the type of label.

Below you will find illustrated examples of the organic requirements for the three types of organic claims: 100% Organic, Organic, and Made with Organic, as well as an example of a shipping and storage label.

Please note, any labels making organic claims or using either the WSDA organic logo or the USDA organic seal must be approved by WSDA Organic Program prior to use.

Must

• Contain 100% organic ingredients (excluding water/salt). Ingredients must be individually eligible for "100% organic" claim (ie. raw agricultural "organic" ingredients or processed ingredients certified for "100% organic" claim category).
• Identify the certifier of the packaged product below the final handler or distributor information.

May

• Identify ingredients as "organic" in the product ingredient statement.
• Include the USDA organic seal.
• Include the WSDA organic logo. If both seals are used, the WSDA logo cannot be displayed larger than the USDA seal.

Must

• Contain at least 95% organic ingredients (excluding water/salt).
  • Non-organic ingredients and processing aids are limited to those listed in sections 205.605 and 205.606 of the organic regulation.
• Identify each organic ingredient in the ingredient statement. The common name for each ingredient may be modified with the word "organic" or marked with a reference mark that is defined below.
• Identify the certifier of the packaged product below the final handler or distributor information.

May

• Include the percentage of organic ingredients before "organic".
• Include the USDA organic seal.
• Include the WSDA organic logo. If both seals are used, the WSDA logo cannot be displayed larger than the USDA seal.

Must

• Contain at least 70% organic ingredients (excluding added water/salt).
  • Allowed nonagricultural ingredients and processing aids are limited to those listed in section 205.605 of the organic regulations.
  • Agricultural ingredients and processing aids may be non-organic (without regard to section 205.606), provided they are not produced with genetic engineering, sewage sludge, or irradiation.
• Identify each organic ingredient in the ingredient statement. The common name for each ingredient may be modified with the word "organic" or marked with a reference mark that is defined below.
• Identify the certifier of the packaged product below the final handler or distributor information.

May

• Display "made with organic ***" claim, listing up to three individual organic ingredients or food groups.
  • Food groups are limited to those called out in section 205.304(a)(1)(ii).
  • All derivatives of the named ingredient or food group included in the product must be organic.
  • Claim must be less than half the size of the largest font on the panel.
  • Entire claim must be displayed in a consistent size, style, and color.
• Include the percentage of organic ingredients, provided a "made with" claim is also included.
• Use the WSDA organic logo, provided a "made with" claim is also included.

Must Not

• Use the USDA organic seal.
• Use the term "organic" in the brand name on the principal display.
• Make "organic" or "100% organic" product claims.

Businesses that generate less than $5,000 in gross income from all products sold with organic claims may be exempt from certification. Otherwise, a business must be certified to handle each product they label with organic claims.

Products that do not qualify for certification (<70% organic content or prohibited ingredients) or are otherwise uncertified, may accurately identify organic ingredients in the ingredient statement on the information panel. If the ingredients are identified as organic, you may also display the percentage of organic ingredients on the information panel.

These products must not make any references to certification of the product or ingredients, use the term "organic" on the principal display panel, or display the USDA seal or WSDA organic logo.

 

Nonretail containers are used to ship or store organic products (that may be packaged or unpackaged), and include the following:

• Produce boxes, totes, bulk containers, bulk bags, flexible bulk containers, harvest crates and bins;
• Boxes, crates, cartons, and master cases of wholesale packaged products; and
• Trailers, tanks, railcars, shipping containers, vessels, cargo holds, freighters, barges, grain elevators, silos, grain bins, or other methods of bulk transport or storage.

Must

• Identify the product’s organic status.
  • Abbreviations or acronyms may be sufficient, provided they are clear and easily understood by anyone that may handle the container.
  • Master cases and other nonretail containers used to ship or store retail packages with the organic claim visible on the retail label are exempt from this requirement.
• Display a lot number, container number, or other unique identifier that links to audit trail documentation accompanying the product.
  • Must be unique enough to provide clear traceability. For example, a best by date may be used to identify specific production lots.
  • Must also appear on at least one record accompanying the shipment.

May

• Include the certifier statement anywhere on the label.
• Include the USDA organic seal (only on "100% organic" and "organic" products).
• Include the WSDA organic logo.
• Identify the last certified handler. The business that last handled the product must be included on the audit trail documentation accompanying nonretail containers, but it is not required to be displayed on the container itself.

Labels for products that are unpackaged at the point of retail sale (e.g. twist ties, PLU stickers, and dispenser displays in the bulk grocery aisle) have different requirements, which are outlined in section 205.308 and section 205.309  of the USDA organic regulations.

There are no elements that must be displayed on these types of labels. However, if displayed, the following elements MUST:

• Claims – Product must be certified for any "100% Organic", "Organic" or "Made with organic ***" claims displayed.
• Ingredient statement – Identify each organic ingredient in the ingredient statement. The common name for each ingredient may be modified with the word "organic" or marked with a reference mark that is defined below.

May also display

• Include the certifier statement anywhere on the label.
• Include the USDA organic seal.
• Include the WSDA organic logo. If both seals are used, the WSDA logo cannot be displayed larger than the USDA seal.

Labels for packaged products making organic claims (100% Organic, Organic, and Made with Organic) need to include the statement "Certified organic by * * *" or similar phrase identifying the certifier of the final handler of the finished product. This "Certified organic by" statement must be on the information panel below the information identifying the handler or distributor of the product.

To ensure consistency and consumer confidence WSDA Organic Program has approved the following ways to list their name within the "Certified organic by" statement:

• Washington State Department of Agriculture
• Washington State Dept. of Agriculture
• WA State Department of Agriculture
• WA State Dept. of Agriculture
• WSDA

You may also add "Organic Program" to the end of the name if you wish. If the WSDA Organic Logo is placed on the information panel below the final handler or distributor information, our logo can also satisfy the "Certified organic by" statement requirement.

Labels displaying another certifier

If you pack into a label that is owned by a certified distributor/brand owner, it is appropriate for the label to identify the displayed distributor’s certifier below their business information. These labels still need to be reviewed by WSDA within your organic system plan, and the branded product will be added to your certificate once approved.

When submitting the draft label for review, please include the displayed distributor’s organic certificate and product addendum. Once approved, you are expected to maintain a copy of their current organic certificate to verify the certifier statement remains compliant as long as you pack into the label.

Labels that display an uncertified distributor or brand owner must identify the certifier of the final manufacturer applying the label, even when the final manufacturer is not disclosed on the label.

Products must meet the labeling requirements for the destination market. For example, Canada requires all consumer goods to be fully bilingual, displaying all required label elements in both English and French. Canada also prohibits certain claims, such as "certified organic" and "made with organic ***".

If the export label is not compliant with USDA organic regulations, you must clearly mark the master carton or other shipping containers and audit trail records as "For Export Only".

Labels that reference USDA or WSDA organic certification must be approved by WSDA prior to use. Please review the following resources and make sure your organic system plan is updated to describe your organic export practices:

• WSDA Guide to Organic Exports (AGR 4010) – includes label guidance for markets that have signed organic trade arrangements with the U.S.
• WSDA webpage on International Organic Markets – outlines process for requesting export certificates from WSDA and links to additional resources.
• OTA's Global Organic Trade Guide – a compilation of statistics and requirements, including markets that have not established organic trade arrangements.

 

Businesses certified organic by WSDA Organic Program may use the WSDA organic logo on their labels and promotional materials. Businesses which are certified transitional may not use the organic logo, but may instead use the WSDA transitional logo.

Copies of the logos are available for download below. Please note that while the logos may be used to create draft labels, all labels making organic claims or using either the WSDA organic logo or WSDA transitional logo must be approved by WSDA Organic Program prior to use.

Businesses certified organic by WSDA Organic Program may use the USDA organic seal on their labels for "100% Organic" and "Organic" products.

• If the 4 color seal is used, it must be displayed on a white background. The black and white seal may use either a white or transparent background.
• If both the USDA seal and the WSDA organic logo are used, then the WSDA organic logo must not be displayed more prominently than the USDA seal.

Copies of the USDA seal are available for download on USDA's website. Please note, while the seal may be used to create draft labels, all labels making organic claims or using the USDA organic seal must be approved by WSDA Organic Program prior to use.