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The Prohibition of Nonorganic Whey Protein Concentrate in Organic Products After March 15, 2024

March 9 2024

The organic food industry is set for a significant shift as the Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) enforces a new regulation that will impact the composition of organic products....

The organic food industry is set for a significant shift as the Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) enforces a new regulation that will impact the composition of organic products. Starting from March 15, 2024, the use of nonorganic whey protein concentrate in organic products will be strictly prohibited. This directive follows a correction published by the AMS, rectifying a previous oversight and aligning with the organic sector's commitment to maintaining high standards of product integrity and consumer trust.

National Organic Program

This critical update was highlighted by SGS Digicomply, particularly through its Regulatory Agenda module. The Regulatory Agenda feature stands out as a comprehensive tool for navigating the complex landscape of regulatory deadlines. It encompasses a wide range of historical milestones and upcoming regulatory changes, offering detailed insights and analysis on each. This tool is instrumental for businesses and regulatory professionals in the food industry, providing them with the necessary resources to stay ahead of regulatory changes and ensure compliance.

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Regulatory Background

The change stems from a correction to a rule initially published on February 28, 2022, by the AMS, which aimed to remove sixteen substances from the National List of Allowed and Prohibited Substances. However, the document inadvertently omitted nonorganic whey protein concentrate from the amendatory instructions. Recognizing this oversight, the AMS has now corrected the language to remove nonorganic whey protein concentrate from the National List, as was the original intention.

Significance of the Amendment

The prohibition of nonorganic whey protein concentrate in organic products marks a pivotal development in the organic industry. Whey protein concentrate is a common ingredient in a variety of food products due to its high protein content and functional properties. The requirement for whey protein concentrate to be organic ensures that all components of organic products meet the same rigorous standards, from the absence of synthetic fertilizers and pesticides to animal welfare and environmental preservation.

Compliance and Enforcement

The effective date for the removal of nonorganic whey protein concentrate from the National List was May 25, 2023, with a compliance deadline set for March 15, 2024. This timeline provides manufacturers of organic products sufficient time to adjust their formulations and sourcing practices to comply with the new regulation. The National Organic Program (NOP), under the supervision of the AMS, is tasked with enforcing this rule, ensuring that all organic products in the market adhere to the established standards.

Impact on the Organic Food Industry

This regulatory adjustment underscores the organic industry's ongoing efforts to refine and enhance the standards that define organic production and processing. By enforcing stricter ingredient requirements, the AMS reinforces the integrity of the organic label, ensuring that consumers receive products that are truly organic in all their components. This move is expected to encourage further transparency in the organic supply chain, fostering consumer confidence in organic labels.

Conclusion

The prohibition of nonorganic whey protein concentrate in organic products after March 15, 2024, represents a significant step towards reinforcing the authenticity and purity of organic products. It aligns with the broader goals of the organic movement to provide food products that are produced according to the highest environmental and health standards. As the organic industry continues to evolve, such regulatory updates play a crucial role in shaping the future of organic food production, ensuring it remains true to its principles and promises to consumers. 

Tags: food safety, organic food, regulatory compliance, food regulations, risk assessment, USDA, Nonorganic Whey Protein

    

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