Organic Rules
Use of "Organic" at Farmers' Markets
Q: Who can use the word "Organic" to sell their products?
A: Only farmers and gardeners who are certified by a USDA-accredited certifier may legally use the term "certified organic" or "organic" to describe their product. Producers who gross less than $5,000/year are exempt from certification, but (in New Mexico) must register with the state. Registered growers may describe a product as "organic," but may not use the phrase "certified organic." People who use the term "organic" without being certified or registered are usually just not informed about the requirements, but there have been cases of deliberate fraud. We want to insure that those who are unaware of the regulations get the information they need and those who are deliberately defrauding consumers are stopped.
Q: If a grower wishes to sell a product as "organic," what should s/he do?
A: Call the New Mexico Organic Commodity Commission ( NMOCC) at (505) 841-9070 to find out how to certify or register.
Q: How do I know that someone selling "Organic" produce is certified or registered?
A: Ask to see a current Organic Certificate and the current Product List, or the Registration Document.
For Certified Producers:
The Organic Certificate will list: the farm, the farmer, and the date the certification went into effect. The certificate will bear the seal of the New Mexico Organic Commodity Commission, or of another National Organic Program- accredited certifier. For a list of accredited certifiers go to the USDA's National Organic Program.
The Product List will name the products that are certified for sale as "organic" and will give the inclusive dates for which the certification is valid for those products. The certificate without the product list will not tell you if the person is currently certified organic.
For Registered Producers:
The Registration document will have an expiration date and will list which products are registered.
Q: What can I do if someone is not following the regulations?
A: Call the New Mexico Organic Commodity Commission at (505) 841-9066. Market Managers are not expected to enforce the regulations, but in the interest of an honest marketplace we hope you will let us know about any problems at your market.
Q: Why does it matter?
A. It matters because consumers have been guaranteed by federal law that products sold as "organic" have been produced to specific standards. In many cases consumers have paid a premium for this label, are" voting with their fork" and have the right to get what they pay for. In the case of consumers with chemical sensitivities, mislabeling can threaten the consumer's health. It also matters because organic farmers have paid a significant amount of money to get certified organic and have done a lot of extra work in terms of practices, inspections and record-keeping. It simply isn't fair for producers who have not done the work to pass themselves off as the same as those who have. It's also against the law.
Q: What is the New Mexico Organic Commodity Commission?
A: The NMOCC is an agency of the state of New Mexico, and is accredited by the USDA's National Organic Program to provide organic certification services. We also provide education and marketing assistance to organic producers and processors, and supply consumer information. The NMOCC has a regulatory role to protect consumers: making sure that the word "organic" is only used as allowed by state and federal law and that organic products are handled in a manner that does not compromise their organic integrity. Please call the Organic Commodity Commision with any problems or questions that come up. (505) 841-9067.
