Nonorganic Whey Protein Concentrate No Longer on Organic Approval List

June 1, 2023

USDA just caught an error in its 2022 final rule, prohibiting nonorganic WPC beginning in 2024.

Oops. USDA today (June 1) announced a correction to its 2022 list of 16 substances being removed from the National List of Allowed and Prohibited Substances. “That document accidentally omitted nonorganic whey protein concentrate from the amendatory instructions,” the agency says.

Back on Feb. 28, 2022, USDA’s Agricultural Marketing Service published the rule in the Federal Register. That rule said synthetic vitamin B1, nonorganic forms of plant-derived colors and a handful of other ingredients – including whey protein concentrate – could no longer be used in organic foods beginning in 2024.

“Removing these substances implements recommendations from the National Organic Standards Board and effectively prohibits their use in organic production,” the agency said.

“While the rule discussed this change and the justification, the rule's instructions for changing the regulation did not include the removal. This document corrects this.”

So nonorganic whey protein concentrate cannot be used in organic products after March 15, 2024.

About the Author

Dave Fusaro | Editor in Chief

Dave Fusaro has served as editor in chief of Food Processing magazine since 2003. Dave has 30 years experience in food & beverage industry journalism and has won several national ASBPE writing awards for his Food Processing stories. Dave has been interviewed on CNN, quoted in national newspapers and he authored a 200-page market research report on the milk industry. Formerly an award-winning newspaper reporter who specialized in business writing, he holds a BA in journalism from Marquette University. Prior to joining Food Processing, Dave was Editor-In-Chief of Dairy Foods and was Managing Editor of Prepared Foods.