NOP’s Organic Control System...

the Key to Protecting Organic Integrity

The National Organic Program (NOP), part of the 

USDA’s Agricultural Marketing Service (AMS), 

oversees a $43 billion industry made up of more 

than 31,000 certified organic operations located 

in 100 countries. As the regulatory program 

responsible for organic agriculture, the NOP’s 

primary role is protecting the integrity of the USDA 

organic seal and the organic standards. We protect 

that integrity through our work with certifiers, 

individual states, foreign governments, and the 

vigilance of many of you.

Protecting organic integrity starts with having a thorough and complete 

organic control system, which is essential to maintain the health of this 

growing industry. NOP’s regulatory work ensures achievable standards, fair 

competition, and a reasonable, rational and practical certification process for 

all farmers and businesses. Our organic enforcement activities provide a level 

playing field. NOP’s system of controls supports all farmers’ ability to succeed in 

the organic marketplace, if they comply with the requirements.

The organic industry is ripe with opportunity --- job opportunity, economic 

opportunity for new and beginning farmers, premium price opportunity for 

smallholders in Asia, Africa and Latin America, and opportunity to protect 

biodiversity, improve soil and water quality, and to provide a path to a 

sustainable future. The industry is prosperous, and opportunity is not limited 

to U.S. domestic markets.

To ensure effective oversight and control for organic operations around the 

world, the NOP accredits and oversees a network of nearly 80 third-party 

certifiers who certify organic farms and businesses to the USDA organic 

standards. NOP’s ongoing accreditation process ensures certifiers are 

inspecting and verifying organic claims.

U.S. DEPARTMENT OF AGRICULTURE | AGRICULTURAL MARKETING SERVICE | NATIONAL ORGANIC PROGRAM

Organic Integrity from Farm to Table, Consumers Trust the Organic Label.

Table of Contents

1 NOP’s Organic Control 

System

4 Compliance & Enforcement/

Appeals Summary 

5 NOP Welcomes Stakeholders 

from Mexico

Choctaw Organic Farms

6 National List Updates

Upcoming NOSB Meetings

7 Organic INTEGRITY Database

Market News: Growing its 

Reporting for You

8 New Interactive Training for 

Certifiers and Inspectors

Certification System 

Framework

9 NOP Staff Updates

10 Program Handbook + Web 

Updates 

11 Noncompliance & Adverse 

Action Flow Chart

Visit the NOP online at www.ams.usda.gov/nop Join us on Twitter: @USDA_AMS | #USDAorganic

continued on page 2

September 2016 Newsletter
Certifiers ensure that certified operations comply with 

organic regulations by evaluating applications for 

certification, conducting on-site inspections (both annual 

and unannounced), approving the use of the organic label, 

conducting feed, yield and sales audits, and conducting 

residue testing.

When certified operations participate in international trade, 

certifiers verify organic imports comply with USDA organic 

regulations as they enter the U.S. market. As part of their 

enforcement role, certifiers conduct investigations and 

oversee complaint management for their certified operations.

For both domestic and imported organic agricultural 

products, the NOP investigates and takes action on 

complaints alleging violation of the organic regulations --- 

to either bring operations into compliance or keep products 

that violate the USDA organic regulations out of commerce. 

Initial enforcement actions could include orders to cease 

and desist representing products as organic; notices of 

warning for minor violations; and referrals of investigations 

to accredited certifying agents, other Federal agencies, State 

Programs and international trading partners.

For more serious violations, the NOP may take further 

enforcement action that results in the suspension or 

revocation of organic certification or accreditation, as 

well as civil penalties of up to $11,000 per violation for 

noncompliant sales of agricultural products. The NOP 

monitors organic certification activities around the world 

through assessments of international certifiers and foreign 

government organic programs.

The world’s organic market is valued at over $80 billion U.S. 

dollars. International organic trade is expanding to meet 

the demands of the organic market. The U.S. sources many 

organic products and ingredients from foreign countries 

as well as supplies organic products to many of our trading 

partners.

In order to support international trade of organic products 

and to ensure the integrity of those products, the USDA’s 

Agricultural Marketing Service, in partnership with the 

Foreign Agricultural Service and the Office of the United 

States Trade Representative, has established equivalency 

arrangements with Canada, the 28 countries within the 

European Union, Switzerland, Japan and Korea. These 

arrangements lessen the burden of inspection and 

certification while ensuring that high organic standards are 

met. They simplify the process for all producers, including 

small farms, to participate in the global organic market.

Equivalency arrangements allow participating 

governments to focus resources on compliance with 

organic standards, rather than expending resources on 

verifying multiple requirements that meet the same 

objectives. Government and certifier resources can be used 

for market surveillance, investigations and enforcement 

– rather than duplicative and redundant processes that 

provide no added value.

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USDA National Organic Program

NOP’s Organic Control System, cont’d

continued from page 1

continued on page 3

2
Mexico is in the process of implementing its organic 

regulations, and AMS is exploring the possibility of 

establishing an organic equivalency arrangement with 

Mexico. The National Service for Animal and Plant Health, 

Food Safety and Quality (SENASICA), Mexico’s competent 

authority, has accredited nine certifying agents and those 

certifiers have certified hundreds of organic operations 

in Mexico under the Mexican organic regulations. AMS 

has provided extensive technical assistance to SENASICA. 

We have conducted workshops in Mexico and SENASICA 

organic officials have observed NOP accreditation audits. 

As part of talks to explore equivalency, AMS conducted a 

full assessment of the Mexican organic control system this 

past March. We found that SENASICA has fully implemented 

their regulations, and has a quality control system in place. 

The system includes thorough accreditation processes, and 

a comprehensive compliance and enforcement system that 

includes market surveillance and complaint investigation 

procedures. The two countries are also discussing the 

importance of organic import certificates to provide 

additional verification of certification, a possible element of 

a future potential equivalency agreement.

Import certificates provide additional verification to 

ensure the integrity of imported organic products. Import 

certificates are issued by accredited certifiers to verify 

that individual organic shipments meet the USDA organic 

regulations. NOP import certificates are currently required 

for all organic imports from Japan, Korea and 29 European 

countries. Canada and Mexico are planning to implement 

import certificate requirements under their organic 

programs later this year, and AMS is developing a proposed 

rule to require import certificates for all organic products 

entering the U.S. market.

Achievable standards, fair enforcement, organic 

equivalency, and import certificates --- all are part of a 

larger, vital system, the organic control system, that make 

up NOP’s efforts to protect organic integrity. 

It is critical to the success of the organic sector that a 

robust, thorough, and effective organic control system is 

in place, with enforceable standards. It protects organic 

farmers and handlers and assures consumers that when 

they buy organic they are getting the organic products 

they are paying for.

Sincerely,

Miles V. McEvoy

NOP Deputy Administrator

NOP’s Organic Control System, cont’d

continued from page 2

3
Compliance & Enforcement/Appeals Summary

Reporting Period: Fiscal Year (FY) 2016

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COMPLIANCE & ENFORCEMENT: OVERALL SUMMARY

Q1 (Oct - Dec 2015) Q2 (Jan - Mar 2016) Q3 (Apr - Jun 2016)

Incoming Complaints 94 97 132

Completed Complaint Reviews

and Investigations 82 93 76

APPEALS: OVERALL SUMMARY (Refer to NOP 4011: Adverse Action Appeal Process for more information)

Number of Incoming 4 8 5

Appeals by Disposition

Decisions 6 (includes five received 

in FY15 and one received 

in FY16)

0 1

Dismissals 0 2 0

Closures 6 (includes four received 

in FY15 and two received 

in FY16)

3 (includes appeals 

received in FY15)

1

Note: Total reflects appeals closed in FY 2016 regardless of when cases were initiated.

SUMMARY OF INITIAL ACTIONS TAKEN

Cease & Desist Orders 8 6 3

Notices of Warning 22 32 20

Investigation Referrals 7 16 11

SUMMARY OF DISPOSITIONS (All NOP)

Total Number of Settlement 

Agreements *

5 2 7 (includes one appeal 

received in FY15)

Total Number of Consent Decisions 1 0 0

Total Amount Civil Penalties Levied ** $929,750 $16,500 $1,000

Notes:

 * Not all settlement agreements include civil penalties and not all civil penalties were levied via settlement agreements.

** Total reflects the amount of penalties initially levied. Amounts may change during negotiation of settlements and 

individual penalty payments may be outstanding.

4
NOP holds All-Hands Staff Meetings 

every two weeks to share updates 

about program activities, recognize staff 

members and teams, and get details 

about important projects. During our 

early August meeting, we were joined 

by representatives from Mexico’s 

National Service for Animal and Plant 

Health, Food Safety and Quality 

(SENASICA). SENASICA was conducting 

an onsite review of the NOP’s organic 

control system. These reviews are an 

important step in negotiating any new 

organic trade agreement, and allow us 

to learn about each other’s approaches 

for ensuring organic integrity.

NOP Welcomes Stakeholders from Mexico

AMS is committed to helping certifiers and 

certified organic businesses succeed. As part 

of USDA’s StrikeForce Outreach Initiative, NOP 

Deputy Administrator Miles McEvoy attended 

two informational conferences in Ellisville and 

Summit, Mississippi, to speak about organic 

certification and market opportunities. He also 

visited the Choctaw Band’s organic farming 

operation in Philadelphia, Mississippi.

The StrikeForce Initiative helps USDA 

agencies build partnerships with community 

organizations, businesses, foundations, 

universities, faith-based and other groups. 

Through these partnerships, communities can 

shape their future based on local assets and 

regional strengths.

Choctaw Organic Farms

Photo (L to R): Daphne Snow, Choctaw Fresh Produce – Certified organic farm 

manager, NOP Deputy Administrator Miles McEvoy, Jesse Buie, Ole Brook Organics, 

NOSB member, and Tim Oakes, NRCS Tribal Liaison

Photo: Erandi Valdovinos Romero and Aurora Lobato Garcia from Mexico’s National Service for Animal and Plant Health, Food Safety and 

Quality (SENASICA), and staff members from the AMS Budget Office and NOP. Budget Office team members frequently join NOP staff meetings 

to keep up to date with projects and possible impacts on our budget – we appreciate their engagement in our work! 

5
New Petitions

The following new petitions have been posted on the NOP 

website and sent to the NOSB for review:

• Oat beta-glucan, petitioned for addition to § 205.606

• Anaerobic digestate, amend 205.203 (Crops)

• Allyl Isothiocyanate, add to 205.601 (Crops)

• Ammonium citrate, 205.601, addenda (Crops)

• Ammonium glycinate, 205.601, addenda (Crops)

• Polyoxin D Zinc salt, add to 205.601 (Crops)

• Potassium cellulose glycolate, add to 205.601 (Crops)

• Sodium citrate, add to 205.601 (Crops)

• Glycolic acid, add to 205.603 (Livestock)

• Ivermectin, remove from 205.603 (Livestock)

• L-Methionine, add to 205.605 (Handling)

New Technical Reports

The following new technical reports have been posted on the 

NOP website and sent to the NOSB for review:

• Peracetic acid, Livestock

• Xanthan gum, Handling

View petitions and technical reports online:

www.ams.usda.gov/NOPNationalList.

National List Updates

NOSB meetings, held twice a year, are an important forum for public comment, and support transparency in 

the organic standards development process. Learn more at www.ams.usda.gov/nosb.

Fall 2016 Meeting

November 16 – 18, 2016

8:30 am to 6:00 pm daily

Chase Park Plaza Hotel

212 N. Kingshighway Blvd

St. Louis, Missouri 63108

Spring 2017 Meeting

April 19 – 21, 2017

8:30 am to 6:00 pm daily

Sheraton Denver Downtown Hotel

1550 Court Pl

Denver, Colorado 80202

Upcoming Meetings: National Organic Standards Board (NOSB)

6
Organic Integrity Database Updates

The Organic Integrity Database (INTEGRITY) team continues to 

release new modules of functionality in the system. INTEGRITY 

Release 3.2 was successfully deployed in early August. This 

release improved the display of operation search results, 

enhanced the Certifier Locator with a new option to search by 

certifier name or acronym, and improved system navigation. 

Certifiers now also have enhanced data exports and persistent 

action confirmation banners to help improve data quality and 

completeness.

INTEGRITY was made possible through funding in the 2014 

Farm Bill. The initial core functionality of the system was built 

in less than a year, with its first release in place by the end of FY 

2015 (September 2015). The INTEGRITY team is a vibrant partnership, with team members from the Agricultural Marketing 

Service’s (AMS) National Organic Program and Information Technology Service, Harmonia Holdings Group, and Intact US. 

We also have an active certifier user group made up of certifiers from around the world. In June 2016, the INTEGRITY team 

won an AMS Administrator’s Award for outstanding service delivery. On September 13, 2016, the team was awarded a U.S. 

Department of Agriculture Secretary’s Honor Award. Four certifier representatives were included in the awards team because 

of their above and beyond contributions during the design, implementation, and testing phases of the INTEGRITY project. 

These certifiers included: CCOF, OneCert, the New Jersey Department of Agriculture, and the Washington State Department 

of Agriculture. We are grateful for their significant contributions to our work!

Photo: Acting Deputy Agriculture Secretary Michael Scuse stands 

with Organic Integrity Database Team. The Organic INTEGRITY 

Database Team received the Secretary’s Honor Award.

Price discovery is a large hurdle facing organic producers. With limited price information available for organic products, 

industry participants may find themselves at a loss when pricing their products, planning finances, obtaining loans, and 

getting insurance.

The organic industry is populated by many small and diverse operations, and as the industry continues to expand, obtaining 

market information continues to be very difficult. To address this issue and in response to industry input, USDA Market News 

is growing its organic price reporting program. This program will collect market information from organic stakeholders 

throughout the country and create bi-weekly national and regional reports. These reports will feature market information 

throughout the supply chain and industry-specific commentary. Commodities reported will include grain, dairy, poultry, 

eggs, livestock, meat, and cotton. Through these new Market News reports, any organic stakeholder can stay competitively 

priced, any lender can assess that business’s value, and organic commodities can be properly insured. This program is yet 

another way AMS adapts to industry needs and serves as an unbiased party for all parts of American agriculture. 

USDA Market News is looking for your support. This summer, market reporters began connecting with organic growers, 

brokers, processors, and handlers throughout the U.S. As we reach out, we are asking you to provide information concerning 

the type of commodity you produce or handle, your volume traded, and how you market your product. We need as many 

contacts as possible for our reports to reach their full potential. Participation is voluntary and completely confidential 

and the information you provide will impact your industry by increasing market transparency. Cooperation from organic 

stakeholders, like yourself, creates the information to give back to you. Becoming a Market News contact will help to us

help you!

If you are interested in becoming a contact, please call Randy Hammerstrom at (970) 353-9750 or email Randy.

Hammerstrom@ams.usda.gov. You can find the National Weekly Organic Summary and the new web page on the AMS 

Market News website. To access the new web page, https://www.ams.usda.gov/market-news/organic.

Market News: Growing its Reporting for You

7
The Agricultural Marketing Service is pleased to announce the launch of a new interactive scenario-based training 

program for organic certifiers and inspectors: “The Path to Sound and Sensible Organic Inspections.” 

The training follows an inspector through an annual inspection with a certified farmer, and reviews topics such as field 

visits, sample collection, material reviews, recordkeeping audits, and unannounced inspections. The training teaches 

sound and sensible inspection principles in a practical and engaging way – showing what happens when the inspector 

makes the right choices in the course of an inspection, and what happens when a better choice could have been made. 

The National Organic Program encourages certifiers and inspectors to follow The Path as part of their continuing 

education in organic certification. The training is available at http://willinteractive.com/play/the-path.

The National Organic Program (NOP) continues to make organic certification more accessible, attainable, and affordable 

for all operations through its Sound and Sensible Certification initiative. As part of this initiative, the NOP partnered with 

several members of the organic community to develop resource guides, videos, and other tools that help farmers and 

businesses better understand the organic option.

We recently published a set of new resource documents. Together, these documents provide a framework that an organic 

certifier could use to design and build a uniform and easy-to-use organic certification system.

This Sound and Sensible resource package was created in partnership with Pennsylvania Certified Organic (PCO). It 

includes a series of technical documents that provide a framework for developing an organic certification system. The 

package includes sample forms and data entry screens that can support the organic certification process; lists and 

definitions of data fields (called a data dictionary) that capture information about a certified organic operation; and 

relationship diagrams that should have the different data fields and forms connect.

This series of tools can be used by an organic certification organization, working closely with a technical lead that is well 

versed in data structures and database design. The documents will primarily be understandable to a technical lead or 

system/data architect, who will guide the requirements and design phase of a software development project.

This new online resource is available at https://www.ams.usda.gov/report-publication/certification-system-framework.

New Interactive Training for Certifiers and Inspectors

Building a Standard Certification System Framework

8
NOP Announces Its First Employee of the Quarter

The National Organic Program recently launched a new Employee of the Quarter 

Award! The award is one component of an expanded awards program launched as a 

result of feedback from the NOP team. 

NOP’s first Employee of the Quarter is Joan Avila. Joan joined the NOP as its 

Secretary in March 2013. Since that time, the NOP has grown from a 32 person 

to a 45 person team, and Joan has played a vital role in scaling up administrative 

processes that serve the full team. Joan takes in hundreds of phone calls and 

inbound email each month from farmers interested in organic certification, 

businesses interested in organic trade opportunities, members of the general public 

looking for information about the organic standards, and more. Joan puts into 

practice our core values of customer service, responsiveness, and transparency each 

and every day, and we are grateful for her dedication! 

The NOP is committed to developing its current staff and hiring new team members to strengthen our 

ongoing support for the organic community. We are pleased to welcome a new employee to the Compliance 

& Enforcement Division. We also want to congratulate a long-term staff member on her retirement.

Kristina Henderson

We would like to welcome Kristina Henderson to the NOP Freedom of 

Information Act (FOIA) team!

Kristina brings years of FOIA experience, and we’re excited about 

her joining us! Kristina has over 9 years of experience in the federal 

government. Almost her entire career so far has involved processing 

documents and providing information to stakeholders. She has a 

Bachelor’s degree in Computer Information Technology.

Kristina was born and raised here in DC! She enjoys traveling and 

photography.

Congratulations on Your Retirement, Emily Brown Rosen

On May 24, the National Organic Program (NOP) bid a fond farewell to 

Emily Brown Rosen, who retired at the end of May. Emily served as an 

Agricultural Marketing Specialist in the NOP Standards Division for 6 years; 

she played a pivotal role in working with the National Organic Standards 

Board (NOSB) and in providing superb context and subject matter 

expertise to the development of the USDA organic regulations. She was 

also an active leader in publishing the first NOP Handbook in 2010 – it 

remains a definitive resource for organic certifiers and producers. Emily 

has actively participated in organic agriculture for more than 20 years – we 

wish her all the best in her future adventures!

National Organic Program Staff Updates

Photo: NOP Deputy Administrator Miles 

McEvoy and NOP Secretary Joan Avila

9
Program Handbook. The National Organic Program Handbook is a compilation of guidance documents, policy memos, 

and instructions intended to clarify policies and assist those who own, manage, or certify organic operations in complying 

with the USDA organic regulations. AMS has updated several of these resource documents since our last newsletter. 

Updated documents are linked below and available online at www.ams.usda.gov/NOPProgramHandbook.

• National List Sunset Dates (NOP 5611, updated): NOP published an updated version of this document on 

September 16, 2016, replacing the December 21, 2015 version. The update reflects new sunset dates for seven 

materials on the National List resulting from the renewal of these materials under the 2016 sunset review process, 

and the removal of five materials from the National List under the 2016 sunset review process and rulemaking.

• Noncompliance and Adverse Action Flow Chart: Last month, NOP published the Noncompliance and Adverse 

Action Flow Chart as a new resource document intended for use by certifiers issuing noncompliance or adverse 

actions. The flow chart serves as a visual guide to help determine the next steps in the noncompliance and adverse 

actions processes. Shown on page 11 of this document, it is also available online in Section I of the

NOP Handbook.

• Organic Certification of Industrial Hemp (NOP 2040, updated)

• Material Review - Interim Instruction (NOP 3012, added)

• Notice 11-4: Archived NOP Documents (updated)

• New Handbook Section - Section J: Interim Documents (added)

- Treated Lumber - Draft Guidance (NOP 5036, added)

Rulemaking

• Sunset 2016 Amendments to National List

Sound & Sensible Resources. AMS-NOP hosts a group of web pages featuring an array of resources to help simplify and 

streamline organic certification and compliance for farmers and businesses. Developed in conjunction with many partners 

across the country, these Sound & Sensible resources are making organic certification more accessible, attainable, and 

affordable. Read more: http://www.ams.usda.gov/report-presentation/sound-sensible.

• Additional Sound & Sensible Resource -- Certification System Framework

• Sound & Sensible, Overview Video

Other Resource Materials

• NOP Response to NOSB April 2016 Recommendations

• Quarterly Compliance & Enforcement/Appeals Summary

• Enforcement Documents (see Enforcement Actions)

• Notice to Trade on Organic Imports

• Hydroponic and Aquaponic Task Force Report

National Organic Program Handbook + Web Updates

10
Noncompliance

Issued1

----------------

(Combined

Notice Possible2)

Applicant

Responds?

----------------

Response deadline

determined

by certifier

205.405(a)(3)

Operation

Responds?

---------------- Response

deadline

determined

by certifier

205.662(a)(3)

Issue

Denial

---------------- 205.405

Process

Concluded

Issue Resolution

Process

Concluded

Issue Certification

Process

Concluded

Certified Operation

Yes

No

Noncompliance and Adverse Actions Flow Chart

Certification 

Applicant

Applicant

Does Not Pursue

Options

Applicant’s

Options

Not

Resolved

Not

Resolved

Resolved

Resolved

Submits

Corrective 

Action

No

Response

Submits 

Rebuttal

Submits

Corrective 

Action

Submits

Rebuttal

Certifier’s

Decision

Certifier’s

Decision

Mediate

---------------- 205.663

Applicant

May Appeal

Decision

with NOP

• If the applicant 

does not file an 

appeal, process 

concluded

Establish

Settlement

Agreement

Appeal

---------------- NOP 4011

Yes

No

Resolved

through

Mediation?

Process

Concluded

Certified

Operation Does 

Not Pursue

Options

Certified Operation

Pursues Available 

Options

Mediate3

---------------- 205.663

Establish

Settlement

Agreement

Yes

No

Resolved

through

Mediation?

Operation

May Appeal

Decision

with NOP

• Certifier must confirm 

filing status w/NOP

• If the operation does 

not file an appeal, 

issue adverse action

Appeal • NOP 4011

Proposed

Adverse Action

----------------

Issue Proposed

Suspension or

Proposed Revocation

205.662 (c)

Adverse Action

---------------- Issue

Suspension or

Revocation

205.662 (e)

Note 1. A certified operation may surrender its certification at any time. When certification is surrendered prior to a certifier issuing a proposed adverse action, 

the certifier accepts the surrender and the process is closed. If an operation surrenders its certification after the certifier issues a proposed adverse 

action, the certifier accepts the surrender and continues the process for adverse action.

Note 2. For information on combined notices, see §205.662(c) and §205.405(g).

Note 3. Certifiers are required to continue providing certification services during the mediation and appeal processes.