When looking at a food’s packaging, there can be many confusing words, statements, or logos that appear. Along with nutritional claims like “heart healthy” or “low fat,” there could also be brightly colored logos proclaiming things like “certified gluten free” or “fair trade certified” that might cause a consumer confusion. The logos, also known as third-party certifications, are voluntary labeling claims which are verified by a non-government actor and used on the food’s packaging to show that the product was produced, processed, or packaged in compliance with a certain set of standards.
Background on the regulation of food labels
The U.S. food supply is primarily governed on the federal level by two agencies – the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). The USDA has authority over meat, poultry, catfish, and unshelled egg products, while the FDA has authority over the remaining 80% of the food supply. Together the USDA and FDA work to ensure that food sold in the U.S. is safe, wholesome, and properly labeled. There are mandatory components of food labels that are governed by the USDA and FDA. For example, both the USDA and FDA require basic nutrition information in the nutrition facts panel such as calories, total fat, and protein. Additionally, there are voluntary labeling claims that can be made which are not required by USDA or FDA but must comply with USDA/FDA regulations for use. In contrast, third party certifications are labeling claims, usually presented on the packaging as a logo or brand mark, which are voluntary and do not require compliance with a federal regulation for usage on a food product. For example, the labeling claim “good source of protein” is voluntary, meaning the manufacturer of the product can choose whether to include it or not, but there is a regulatory standard the product must meet to use the claim. Under its regulations, both the FDA and USDA require a food product to contain 10 to 19 percent of the Reference Daily Intake or Daily Reference Value established for that nutrient to bear a statement like “good source of protein” on its packaging. However, to bear a third-party certification logo, a food product is not required to meet any federal regulatory standard.
What are third-party certifications?
Third party certifications are voluntary labeling claims that can be used on food packaging to verify that the food was produced, processed, or packaged in compliance with a certain standard established by an independent third party. The third party is not a government actor, but could be a variety of things, such as private industry, food retailers, non-government organizations (NGO) and advocacy groups, or a partnership between an NGO and business. Regardless of what makes up the third-party group, it remains separate from the government regulatory bodies that have authority over mandatory food labels. Third party certification is verified in different ways, it can be self-enforced by the producer, verified by an organization to which the producer belongs, or verified by an independent third party – each certification has its own verification process. Third-party certifications are not subject to direct federal or state regulation unless the product is in violation of food safety laws. This means that the federal government does not play a role in ensuring the product meets the required standards for bearing the specific logo or mark but will step in if the product breaks a food safety law.
A minor exception arises for third-party certifications occurring on certain food products regulated by USDA. The Food Safety Inspection Service (FSIS), the USDA agency that operates its food safety authority, requires food products under its authority to submit certain labels for approval through a process it calls “sketch approval.” Specifically, FSIS requires preapproval for third-party certifications that make animal raising or environmental-related claims. For example, a third-party certification logo that verifies a burger is derived from grassfed beef must be submitted, along with documentation that supports the claim, for sketch approval. Additionally, FSIS recently released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims. This update urges food producers or manufacturers using animal-raising or environmental-related claims to have an independent organization verify that their outlined standards are being met on the farm. As mentioned before, not all third-party certification claims are verified by an independent organization – some are self-enforced by the producer or verified by the organization that owns the logo or mark. Here, FSIS is encouraging certification to be performed by an organization independent of the establishment paying for the certification. The updated guideline also encourages greater documentation to be submitted to substantiate the claims.
The certifications usually address a specific or a range of attributes that describe the food product’s production process. Generally, third party certifications reflect consumer concerns, and are typically utilized by food producers or manufacturers as a marketing tool to appeal to consumers’ moral principles or dietary restrictions. For example, if a consumer is passionate about preventing the extinction of bees, they would be more likely to purchase a product that bears the mark of the Bee Friendly Farming certification. Since this consumer believes that farmers should use agricultural practices that promote bee health, she will look to purchase products that have been certified as being produced with bee-preservation practices. Third party certifications can address other attributes of the food production process, such as environmental impact, animal welfare practices, health and nutrition of food, human rights or ethics, compliance with religious concerns, or geographic location.
Examples of Third-Party Certifications
Environmental/Sustainability.
There are third party certifications that verify a food products’ impact on the environment or highlight the food producer or manufacturer’s commitment to sustainability. Generally, the use of an environmental or sustainability certification is used with the hope of marketing to a consumer who is environmentally conscious and spends their food dollars in alignment with their environmental convictions. An example of an environmental/sustainability certification is the Non-GMO Project.
Non-GMO Project – The Non-GMO Project is a nonprofit organization which certifies food products as not containing genetically modified, also known as bioengineered, organisms. In its verification process, the Non-GMO Project works with independent technical administrators to facilitate the verification and evaluate the products’ compliance with its Non-GMO Standard.
Animal Welfare.
Third-party certifications that focus on animal welfare usually look at the husbandry practices a producer uses to raise animals. Animal welfare certifications might require certain practices for grazing, diets, or antibiotic treatments for a food product to bear the certified logo and will likely have different standards for different animals. An example of an animal welfare certification is American Grassfed.
American Grassfed – The American Grassfed certification program is run through the American Grassfed Association (AGA) and requires an association membership and a completion of the certification program for products to bear its logo. The certification process requires a farm inspection completed by an AGA-approved inspector, submission of inspection documents, certification committee approval, signage of a licensing agreement, and payment of yearly dues.
Human Rights/Ethics.
Some third-party certifications address the labor conditions of workers, or larger ethical concerns in a food products’ supply chain. These certifications address issues like worker wages, child labor, forced labor, and safe working conditions. Many of these certifications deal with the entire supply chain, certifying that each link of the chain is resilient and makes a positive impact on local communities. An example of human rights/ethics certification is Fair Trade Certified.
Fair Trade Certified – The Fair Trade Certified logo is operated by Fair Trade USA, a nonprofit that partners with brands, retailers, and producers to promote sustainable sourcing. Fair Trade certifies products in multiple industries including coffee, consumer packaged goods, dairy, seafood, and produce, and non-food industries like floral bouquets and products made in factories. Fair Trade has different standards for the different parts of the supply chain, but puts on focus on human rights, environmental impacts, and community resiliency.
Health/Nutrition.
Third-party certifications could also highlight the health or nutritional aspects of a food. These certifications usually evaluate the food’s ingredients to highlight specific nutritional preferences consumers’ desire. This could include allergen dietary restrictions or health-conscious dietary choices. An example of a health/nutrition certification is Certified Gluten Free.
Certified Gluten-Free – The Certified Gluten-Free mark is operated by the Gluten-Free Certification Organization (GFCO), which is a program of the non-profit Gluten Intolerance Group of North America. GFCO is an independent, third-party certification program that sets a higher standard for gluten-free certification than what the federal “gluten-free” claim requires. For example, the FDA only allows packaged foods with less than 20 parts per million (ppm) of gluten to be labeled “gluten-free,” while GFCO requires finished products to contain less than 10 ppm to receive a label. GFCO states that its purpose is to protect the consumer.
Religious.
Several third-party certifications address food production and preparation as it relates to the dietary restrictions of practicing certain religions. The certification requirements for use of these logos will follow the definitions found in the various religious texts. An example of religious third-party certification is OU Kosher Certification.
OU Kosher Certification – The Orthodox Union (OU) Kosher is a nonprofit organization that uses Rabbinic Field Representatives and Rabbinic Coordinators to ensure food bearing the OU Kosher logo adheres to the Bible and other codes of Jewish tradition. The OU Kosher certification means that a rabbinic agency has verified that the ingredients, production facility, and production process contain no trace of non-kosher substances.
Geographic Production.
There are third-party certifications that certify the product was grown in a certain geographic location. Usually, these logos are used to promote local businesses or support the purchase of in-state products. Specifically, the state logos are typically a program run through the state government’s agriculture agency. An example of a geographic certification is Certified South Carolina Product.
Certified SC Grown – This certification process is run through the South Carolina Department of Agriculture to promote consumer purchase of South Carolina products. Farms, food manufacturers, specialty food producers, packaging facilities, and any entity that creates or manufacturers non-food products, can apply to become a member of Certified SC Grown.
Additionally, a logo that is commonly seen on food products, but does not qualify as a third-party certification, is USDA Organic. Though typically placed on the packaging near other third-party certifications, USDA Organic is not a part of this category because it is a certification process regulated by a federal agency.
Conclusion
Third-party certifications are voluntary logos on food packaging that verify a food product’s production, processing, and packaging meets a certain set of standards. Third-party certifications are not regulated by the federal government but are verified by independent, non-government certifiers. The certifications can be based on various attributes including environmental impact, animal welfare practices, health or nutrition features, human rights and ethics principles, religious compliance, or geographical locations. Third-party certification can be useful for informing consumers, and can be a beneficial tool for product marketing.
For more information on food labeling generally, click here to visit the NALC Food Labeling Reading Room.
For more information on third-party certifications, click here to read Congressional Research Service Report, “Understanding Process Labels and Certification for Foods”