Defending the Organic "Sunset" Process
Center for Food Safety and a coalition of organic stakeholders challenged USDA’s unlawful changes to the organic "sunset" process, defending public participation and oversight of substances allowed in organic production.
What Is the Organic "Sunset" Process?
The Organic Foods Production Act requires regular review of synthetic and non-organic substances allowed in organic production. Known as the “sunset” process, this review helps ensure materials continue to meet organic standards and remain necessary for organic farming. The process relies on public participation, scientific review, and recommendations from the National Organic Standards Board (NOSB).
Our Litigation to Defend the "Sunset" Process
In 2013, Center for Food Safety and a coalition of organic farmers, businesses, certifiers, and consumer organizations challenged USDA’s decision to change the long-standing “sunset” review process without public notice or rulemaking.
For years, allowed synthetic substances automatically expired after five years unless the National Organic Standards Board voted to renew them. USDA reversed that process in 2013, allowing nonorganic materials to remain approved indefinitely unless the Board voted to remove them.
We argued that USDA unlawfully changed a foundational organic policy without following required procedures and undermined public participation in organic decision-making. Our lawsuit sought to restore transparency, accountability, and public oversight in the development of organic standards.
Organic Standards and Our Work
The sunset process ensures periodic review of materials allowed in organic production and helps maintain confidence in the integrity of the organic label. When USDA changed the sunset review process without formal rulemaking or public participation, it prompted concerns across the organic community.
Organic standards are built on transparency and public involvement. Farmers, consumers, scientists, and organic businesses all play a role in shaping the rules that govern organic production.
Center for Food Safety has long defended strong organic standards through litigation, advocacy, and participation in organic policy development.
The sunset rule litigation sought to preserve public accountability and protect the integrity of the organic label.
