What are the laws governing the sale of products labeled as “organic”?
In Washington, the laws governing the sale of products labeled as “organic” are set forth in Washington Administrative Code (WAC) 16.60.030. This regulation establishes labeling standards for products sold as “Organically Produced.” The rule requires organic agricultural products to be produced and handled in accordance with the national organic program of the U.S. Department of Agriculture (USDA). In order for a crop to be labeled as “Organically Produced,” it must have been grown, harvested and processed without the use of any synthetic or toxic materials, such as formaldehyde, synthetic fertilizers, sewage sludge, antibiotics, or genetically modified organisms. Moreover, the crop must be managed in a way that promotes the cycling of resources, such as composting, and maintain or enhance soil fertility. For a product to be labeled as “Organically Produced,” producers, handlers, and retailers must meet the standards established by the USDA Organic Seal program. This certification program mandates that all organic products must be, at minimum, 95 percent organic by weight, excluding water and salt. In addition, if an organic product is not labeled with the USDA Organic Seal, then it must be accompanied by an information panel that explains the particular method of organic production used. Any producer, handler, or retailer of products labeled as “Organically Produced” must also adhere to the requirements set forth in WAC 16.60.050. This rule prohibits the mislabeling of products or the use of false or misleading labeling statements. Furthermore, it requires that all organic produce be harvested, handled and stored separately from non-organic produce to avoid contamination.
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