Questions related to organic certification process

Who needs to be certified?
If you produce, prepare, process products and label them as “organic” you must be certified by a USDA-Accredited certifier. However, a farmer/processor with a gross income of less then $5,000 from organic sales is exempt from certification under the NOP Final rule. However, he/she may choose to be certified if organic certification is a benefit in the market because it assures the customer of compliance with the regulations. Furthermore, a farmer with sales under $5,000 has to be certified when his or her product is used by a processor that is certified.

How do I get certified?
The steps to certification are outlined in the apply for organic certification section of this website. Simply stated, they involve an application, review, inspection, and compliance with any standards issues and certification.

How much does certification cost?
Annual fees for organic certification by MOFGA Certification Services ranges from $175 upwards, depending on sales. There is currently a cost-share program from USDA that results in a rebate of 75% (up to $500) of fees at the end of the calendar year.

What are the MOFGA Certification Services, LLC  fees for 2007?
The fees can be found on the following link.

How is the $ 5,000 exemption defined?
Per section 205.101 of the National Organic Standards, growers and livestock producers whose gross agricultural income from organic sales totals $5000 or less annually are exempt from the requirement to be certified. However, exempt growers and livestock producers must comply with all of the applicable organic production and handling requirements of the Organic Standards and the products from exempt operations shall not be used as organic in processed products produced by an organic handling operation.

I hear there's a cost-sharing program. How does it work?
Producers in the state of Maine are eligible to participate in the USDA's organic certification cost-share program. In order to qualify for reimbursement under the USDA's organic certification cost-share program, an organic production operation must have been certified on or after september 30 of the current year. Each certified production operation is eligible for reimbursement of up to 75 percent of its cost of certification, not to exceed $500. For more information click here.

What are the application deadlines in 2007?
-If you are a new application please click here
-If you are renewing your certification please click here

What is the USDA's role?
The USDA regulates the National Organic Program (NOP) and the National Organic Program Standards. The NOP accredits certifying agencies, such a MOFGA Certification Services, LLC. Through accreditation, the NOP assures that the certifier understands and is using the National Standards; accreditation also confirms that the certifier can conduct the business of certification properly.

What is the role of MOFGA certification Services LLC?
MOFGA Certification Services, LLC is a USDA-accredited organic certifier, operating principally in the state of Maine. MOFGA Certification Services  evaluates producers, processors, and handlers to determine whether they conform to an established set of operating guidelines called organic standards. Those who conform are certified by the agent and allowed to use a logo, product statement, or certificate to document their product as certified organic.

How is MOFGA certification different from MOFGA?
MOFGA Certification Services (MCS) is established in 2002 by the Maine Organic Farmers and Gardeners Association. MOFGA Certification services is a subsidiary of the Maine Organic Farmers and Gardeners Association. MOFGA Certification Services, LLC, annually reviews the practices of farms and food processors to help assure the public that food labeled as "certified organic" (indicated either by the USDA organic logo, a MOFGA certified logo, or both) has been grown according to the nationally accepted organic standards. The Maine Organic Farmers and Gardeners Association promotes the production of safe, high quality food in a manner that does not harm the environment and that preserves or improves soil fertility, soil structure, and farm sustainability.

What are the benefits of getting certified with MOFGA Certification Services?
MOFGA has operated a certification program since 1972, the first state-level program in the country. Today, MOFGA Certification Services LLC offers cost effective certification services.
MOFGA  offers several benefits to MOFGA certified operations including:

• Listing of your farm on the MOFGA website
  
• Discounted booth space at the Common Ground Country Fair
• Discounts for some of MOFGA educational programs,etc.
  
• In addition the MOFGA Certiifcation logo is trusted by consumers and will benefit your products.

Is MOFGA certification the only certification option in Maine?
Legally, no. MOFGA has no monopoly on certification in Maine. You must use a certifier who is USDA accredited, and a list of programs can be found on the USDA NOP website.

What if someone who is not certified uses the term organic?
Anyone with sales over $5000 must be certified. The US Department of Agriculture has legal authority over organic  labeling and branding and they may take action.

What if my farm or processing facility is not in Maine, can I still get certified by MOFGA Certification Services?
MOFGA Certification Services works exclusively in Maine, however there are situations where we will provide certification services outside of Maine. An additional fee may apply. Please contact the office for more information.

How long does it take to get certified?
The process for making a certification decision may take several weeks to several months.  Several individuals read each application for certification and provide comments.  An inspection must take place during production, which means that for some producers (e.g., farmers producing crops in fields) there are times of the year when an inspection is not feasible.  If questions or compliance issues are identified at any point in the process, these must be addressed in writing.  An incomplete application (fees are considered part of the application) must be made complete before certification can be granted.  Because of these factors, it is not possible to guarantee certification within a certain time frame, but our advice to potential applicants is to plan ahead and submit a complete application several before you anticipate needing certification.

What about inspections conducted by MOFGA Certification Services?
MOFGA Certification Services employs inspectors on a part-time and a seasonal basis. Once an updated or new certification has been reviewed by MOFGA Certification Services an inspector will be assigned. Each farm is inspected during the growing season and processors and handlers will be inspected at least once annually. The inspector is responsible for contacting the producer/processor to set up a mutually agreeable time for the inspection. Inspections are performed to verify organic farming practices and information reported in the  farm plan. After the inspection the inspector will write an inspection report on which certification decisions are based on.

How do I prepare for an inspection?

• Review the sections of the 2007 practice manual relevant for your operation, this way the inspection will make more sense.
• Review your certification paperwork
• For renewals review the inspection report and accompanying letter with recommendations as received from MOFGA certification services.
• Gather your records that will be needed for the inspection
• On the inspection day make sure that the applicant or an authorized person with knowledge of the farming or processing operation is present at the time of inspection.
  

A more thorough resource on preparing for organic inspections can be found on the National Sustainable Agricultural Information Service site.

How do I label my organic product?
The National Organic Program specifies certain information that must be on labels of organic products. It also specifies information which may be on labels, and a few things that must not be on certain types of labels.

• A product labeled 100% Organic must contain (by weight or fluid volume, excluding water and salt) 100% certified organic ingredients.
  
• A product labeled Organic must contain (by weight or fluid volume, excluding water and salt) not less than 95% organically produced raw or processed agricultural ingredients.  Any remaining product ingredients must be organically produced, unless not available in organic form**, or must be non-agricultural materials or conventionally produced agricultural products produced consistent with the National List (Appendix I).  **After June 9, 2007, a conventionally produced agricultural product will only be permitted as an ingredient in a product labeled Organic if it appears in the National List §205.606.
• A product to be labeled Made with Organic…(specify ingredient(s) must contain (by weight or fluid volume) at least 70% organic ingredients and none of the other ingredients in the product may be produced using prohibited practices specified in paragraphs (f) (1), (2), and (3) of Section §205.301 of the NOP Rule. 
  

If you use any of these three types of product labels, you must also identify the certifying agent with the statement “Certified Organic by MOFGA.”

The USDA seal may only be used on labels with 100% Organic or Organic.  The USDA seal must not be used on products labeled Made with Organic…(specify ingredient(s)).  If a producer uses the organic seal, the certifier’s name must also be printed.  The MOFGA seal may be used on any of these three product/label types; however, the certified producer must either be a member of MOFGA or have paid a surcharge for its use. 

Growers supplying other growers, wholesale distributors, parallel growers, processors and growers selling crops bought from other growers, must clearly label their packages and maintain an audit trail.

For more information about labeling see Labeling Packaged Products.

Where can I find "MOFGA-certified merchandising" products?
Stickers and signs can be found here.

The date on my organic certificate is from before 2007, is this still valid?
Yes, your organic certificate is valid until surrendered or suspended. The organic product verification doument is updated every year, and shows by year which products are organic certified.

What if I disagree with a MOFGA certification decision or action?
Producers may request mediation for a negative decision (e.g., proposed suspension). The producer must submit a written request for mediation to MCS within the time frame specified in the Notice.  MCS may decide to accept or reject mediation.  If MCS accepts mediation, the producer will meet with representatives of staff and the board of directors.  If MCS accepts mediation but decides to uphold the negative decision, the producer may submit a written appeal to the USDA NOP Administrator within 30 days from termination of mediation.  If MCS rejects the request for mediation, the producer may submit a written appeal to the USDA within 30 days of receipt of the written notice of mediation rejection from MCS.  For more information about the appeals process with the USDA, see NOP §205.663, which can be found in Appendix I of the manual.

Can I set up a payment plan for submitting my certification fees?
Certification fees and all additional fees are expected to be paid in full when the application or annual update is submitted. If you are unable to pay, contact the Mofga Certification Services office to set up a payment plan.

What happens if I do not renew my certification?
Your organic certification continues to be effective until you withdraw or surrender from the organic certification program, or MOFGA Certification Services suspends or revokes your certification. If you do not intend to renew your certification please contact MOFGA Certification Office and state that you would like to withdraw from the program. There is a surrender form that needs to be filled out. Please note that withdrawn operations may re-apply for certification as a new applicant at a later date. Notices of Noncompliance will be issued to all operations that have not renewed or withdrawn along with an invoice for the annual certification fee. If we do not receive a response to the Notice of Noncompliance, a Notice of Proposed Suspension will be issued. If there is no response to the Notice of Proposed Suspension the operation will be suspended from the National Organic Program.

I want to certify a new product what do I do?
If you would like to add a new product to your certification, you must submit a new product profile form. Please contact the MOFGA certification office for copies of these forms or download the form here for single ingredient products, and here for multiple ingredient products.

Which materials can I use in my products?
The approved brand name products are listed on the OMRI Brand Names materials list  and it is safest for organic farmers to follow this list.

Who can I contact  if I have questions concerning organic marketing and products?
Questions about organic farm marketing should be asked to Melissa White.