NOP Releases Draft Guidance Defining Natural vs. Synthetic

The USDA’s National Organic Program (“NOP”) recently released Draft Guidance in an attempt to clarify how to determine whether a substance is agricultural or non-agricultural and synthetic or non-synthetic. The NOP covers all aspects of food production, processing, delivery and retail sale, including fresh and processed agricultural food products, crops and livestock. Under The Organic Food Production Act of 2000, the NOP was granted the authority to establish a “National List of Allowed and Prohibited Substances” with regard to “organic” or “made with organic” products. Defining those terms, and others such as “natural” and “synthetic,” including the processes involved, has been an ongoing, critical area of focus for the NOP. Growing consumer awareness and concerns regarding healthy food, in addition to increasing numbers of class action suits and the demand for truth-in-advertising and labeling, has resulted in the NOP’s action by releasing this draft.