USDA National Organic Program

National Organic Standards Board Meeting

November 16, 2016

Miles V. McEvoy, Deputy Administrator

USDA Agricultural Marketing Service

National Organic Program
Celebrating public service

NOSB members terms ending in January 2017

• Tracy Favre, Texas

• Jean Richardson, Vermont

• Zea Sonnabend, California

• Carmela Beck, California

• Harold Austin, Washington State

USDA Agricultural Marketing Service | National Organic Program 2
NOSB Appointments

Organic Handler Representative

Ms. Joelle Mosso, Fresno, California

Ms. Rosso is currently the Product Line Manager at Olam International, 

ltd., one of the largest suppliers of processed organic tomatoes. She 

has previously served as Senior Manager of Strategic Quality for The 

White Wave Foods Company/ Earthbound Farm from 2014 - 2016, and 

as Senior Manager for Quality, Food Safety, and Organic Integrity at 

Earthbound Farm from 2009 - 2014. Ms. Mosso has a Master’s in Food 

Science and Microbiology, and is also well-versed in organic seed use, 

supply limitations, and consumer and grower perspectives. 
NOSB Appointments

Public Interest or Consumer Interest Representative

Ms. Sue Baird, Bunceton, Missouri

Ms. Baird serves as the Executive Director of the Missouri Organic 

Association dba Mid-America Organic Association which educates 

consumers and farmers about the advantages of organic food and 

production practices. She also serves as an independent organic 

consultant, inspector and reviewer. Ms. Baird holds a Master’s in 

Animal Science and Poultry Diseases, and has served on local, state, 

regional and national Boards that serve the organic community and 

industry. Since 1995, she has owned and operated a calf/cow 

operation.
NOSB Appointments

Environmental Protection and Resource Conservation Representative

Dr. Asa Bradman, Berkeley, California

Dr. Asa Bradman is at the School of Public Health, University of California in 

Berkeley. Dr. Bradman is the Associate Director of the Center for 

Environmental Research and Children's Health; an Adjunct Associate 

Professor of Environmental Health Sciences; the Co-Founder and Associate 

Director, Center for Children’s Environmental Health Research; and the 

Director of the Initiative on Environmental Quality in Childcare. He also 

serves as a member of the Board of Trustees of the Organic Center, and 

has reviewed conventional and organic agricultural inputs and materials. 

Dr. Bradman’s PhD is in Environmental Health Sciences with a background 

in Conservation Resource Studies. 
NOSB Appointments

Organic Farmer Representative

Mr. Steve Ela, Hotchkiss, Colorado

Mr. Ela is a partner and manager of Silver Spruce Partners dba Ela 

Family Farms that has been a certified organic farm and fruit 

orchard since 2004. The operation is also certified for the processing 

and handling of organic fruit butters and other fruit products, and 

he serves as a Consultant to Gerber Products Co. Mr. Ela has a 

Master’s in Soil Science, and has served on a wide variety of Boards 

and Advisory Committees addressing food and agriculture issues 

nationally, regionally, and locally.
NOSB Appointments

Scientist (toxicology, ecology, or biochemistry) Representative

Dr. David Mortensen, State College, Pennsylvania

Dr. Mortensen is currently a Professor of Weed and Applied Plant 

Ecology at Penn State University, and served previously as a 

Professor of Weed Ecology at the University of Nebraska from 1987 

to 2001. He is the current Chair of the Pests and Beneficial Species 

in Agricultural Production Systems Foundational Program, USDA 

National Institute of Food and Agriculture competitive grants 

program. Dr. Mortensen serves on the Board of the Pennsylvania 

Association for Sustainable Agriculture and is a member of the 

Rodale Farming Systems Advisory Committee. He has a PhD in Crop 

Science & Soil Physics. 
The National Organic Program (NOP)

• Mission: 

Ensure the integrity of USDA organic products 

throughout the world

• Vision: 

Organic Integrity from Farm to Table,

Consumers Trust the Organic Label 

• Core Role: 

Implement the Organic Foods Production Act and 

the USDA organic regulations 

National Organic Program | Agricultural Marketing Service 
Clear 

Standards

Market Access: 

Local, Regional, 

International

Protect 

Organic 

Integrity

Build Technology that 

Advances Organic 

Integrity

AMS-NOP Strategic Plan 2015-18

People and 

Process

9
People and Process
National Organic Program 

• NOP Staffing: 45 employees in three Divisions and the 

Office of the Deputy Administrator 

• NOP Budget: 

FY 2012: $6.919 million

FY 2013: $6.369 million 

FY 2014 – 2016: $9 million

Oversight Responsibility: 

• 80 certifying agents worldwide

• 31,000 certified organic operations in over 120 countries

• Over $43 billion (43,000 million) in U.S. organic sales 

(2015)

National Organic Program | Agricultural Marketing Service 11
People

• Training 

• Equipment

• Work space

• Appraisals

• Work-life balance

• AMS is a great place to work. We are looking for a 

few high quality auditors and compliance officers. 

Hope some of you will consider coming to work for 

NOP to help protect organic integrity.

USDA Agricultural Marketing Service | National Organic Program 12
Process Improvement

• Internal Audit

• Management Review

• Peer Review

• Assessments by foreign governments

• Office of Inspector General – audit on organic 

equivalency arrangements.

Team approach

• Internal communications team

• Import oversight team

• OLPP team, FOIA team

USDA Agricultural Marketing Service | National Organic Program 13
Protecting Organic 

Integrity
10 Points of Organic Integrity

1. Clear/enforceable 

standards

2. Communication

3. Transparency

4. Certification

5. Effective Complaint 

Process

6. Penalties

7. Market surveillance

8. Unannounced 

inspections

9. Periodic residue 

testing

10. Continual 

improvement

15
Compliance & Enforcement

FY 2015 and 2016

16

FY 2015 FY 2016

Compliance & Enforcement: Overall Summary 10/1/14-9/30/15 10/1/15-9/30/16

Incoming Complaints 549 499

Completed Complaints 390 357

Summary of Initial Actions Taken

Cease & Desist Orders 36 31

Notices of Warning 121 111

Civil Penalties Levied

Total Number 8 9

Total Amount $1,872,875 $397,750
Compliance & Enforcement

FY 2016

• Posting Enforcement Documents

– Highlights enforcement of OFPA and USDA organic regulations

– Intended to increase transparency

– Enforcement records involve certified and uncertified 

operations

• Document postings to date include:

– 6 settlement agreements finalized in FY 2016

– 6 AMS Administrator Decisions finalized in FY 2016;

ALJ hearings requested for 3 of the 6 cases posted

– Over 25 ALJ decisions and orders from 2004 through 2016

– A link to all Judicial Officer Decisions and Orders since 2004

• NOP plans to post new and historical documents going forward

17
Notable Enforcement Actions 

Yorgo Foods Inc.

• On April 1, 2016, a USDA Administrative Law Judge entered a consent 

decision regarding the sale of agricultural products as organic without 

certification by Yorgo Foods, Inc.

Yorgo agreed to a three-year suspension of its organic certification and a 

civil penalty of $880,000, with $540,000 held in abeyance, provided it 

complies with the OFPA and the USDA organic regulations during the period 

of suspension.

Saul Farms

• On March 30, 2016, Bernard Saul pleaded guilty to wire fraud and money 

laundering in connection with the sale of conventional alfalfa seed as 

organic. NOP and the Idaho State Department of Agriculture assisted the 

USDA-OIG with the investigation. 

18
Freedom of Information Act (FOIA)

• Since 1967, the Freedom of Information Act (FOIA) has provided the 

public the right to request access to records from any federal agency.

• Federal agencies are required to disclose any information requested 

under the FOIA unless it falls under one of nine exemptions which 

protect interests such as personal privacy, national security, and law 

enforcement.

• The FOIA also requires agencies to proactively post online certain 

categories of information, including frequently requested records. As 

Congress, the President, and the Supreme Court have all recognized, 

the FOIA is a vital part of our democracy.

• President Obama and the Department of Justice have directed 

agencies to apply a presumption of openness in responding to FOIA 

requests. AMS works in a spirit of cooperation with FOIA requesters. 

19
Freedom of Information Act (FOIA)

• FOIA requests are processed within 20 business days.

• NOP staff responsible for identifying responsive records.

• Records must be reviewed to:

– Ensure they are responsive records

– Redact information that falls under the 9 FOIA exemptions

• Some FOIA requests are straight forward, many involve hundreds or 

thousands of pages, and years of records.

• Currently 4 NOP FTE staff members and 2 full-time contractors are 

dedicated to FOIA. Additional staff support assists as needed. 

20
Organic Integrity 

Database
Vision: The Organic INTEGRITY Database 

USDA Agricultural Marketing Service | National Organic Program 22

The Organic INTEGRITY Database is a modernized certified 

organic operations database that:

• Contains up-to-date and accurate information 

• Increases supply chain transparency 

• Enhances the integrity of the organic control system

Project Successes: 

• Public website in September 2015 

• Certifier upload site launched in November 2015 

• Search, reports and data access improvements, including 

web services, launched throughout 2016

• Certifier Locator launched in May 2016

• Operation Certificate Module launched in October 2016

• Project team has won both AMS and USDA Awards
The Process

USDA Agricultural Marketing Service | National Organic Program 23

Certifiers and data users continue to play a 

critical role in building INTEGRITY:

• A full quarter of certifiers participated in the original user 

group and provided feedback on the Certificate Module 

concept

• Over 40,000 operations are listed in the database 

(certified, suspended, revoked, surrendered)

• Regular outreach to certifiers includes one-on-one 

feedback sessions and technical assistance, eNewsletter

updates, and webinars

• User feedback helps us learn about search, report and 

other needs 
What’s Coming for INTEGRITY: 

Late 2016, 2017

• Improvements to make system faster – highest priority!

• Certificate Module enhancements

• Data analysis tools and more data reports

• Commodity reports with aggregate acreage to support 

transition of certifier survey data collection from NASS to 

INTEGRITY.

• Finalize taxonomy: 1/3 of certifiers are actively using the 

product taxonomy – we want this number to grow! 

• System administration tools (so we can run the system inhouse).

• Working closely with certifiers to improve data quality 

and to encourage frequent data uploads. 

USDA Agricultural Marketing Service | National Organic Program 24
Other Technology Initiatives 

• We are also investing in technology to streamline and 

fully standardize NOP’s accreditation processes and 

workflow 

• Will save time and resources for audit scheduling, report 

generation, report reviews, and basic certifier contact 

management 

• Tool will ultimately offer certifiers ways to transmit 

information to the NOP more easily: 

– Streamline corrective action submittal and reviews, 

annual report submittals, adverse actions, and other 

data/document exchanges 

• NO new technology investments will be needed for 

certifiers to benefit from these new capabilities – but 

will make it easier for certifiers to provide information. 

USDA Agricultural Marketing Service | National Organic Program 25
Clear Standards
Rules

• Organic Livestock and Poultry Practices

– Proposed rule published April 2016

– Final rule in Inter-agency review at Office of Information and 

Regulatory Affairs (OIRA), Office of Management and Budget 

(OMB)

• Organic Aquaculture

– Proposed rule in Inter-agency review at OIRA

• Sunset 2016 Final Rule (published August 2016)

– Removed egg white lysozyme, cyclohexylamine, 

diethylaminoethanol, octadecylamine, tetrasodium

pyrophosphate from National List

27
Treated Lumber Draft Guidance

• Lumber treated with arsenate or other non-allowed 

synthetic substances cannot come in contact with soil or 

livestock. 

• Organic farmers use lumber for fences, farm buildings and 

structures, animal housing

• Lumber treated with arsenate or other prohibited 

synthetic materials can’t be used in organic production 

areas or come into contact with any part of an organic 

crop. 

• The draft explains how organic producers can prevent 

soil, crops and livestock from contacting lumber treated 

with prohibited substances.

• Comment period closed October 31

28
Materials Review Instructions

• Issued as Interim Instructions – effective upon 

issuance with request for comments

• Based on NOSB recommendations (2011 and 

2012)

• Clarifies certifier responsibilities for reviewing 

substances used by organic producers and 

handlers

– Maintain documentation to support determination for 

all substances used

– Demonstrate qualifications of personnel conducting 

materials review

– Have clear procedures 

29
NOSB Recommendations 1994-2015

• Practice Standards

– 178 recommendations

– 149 addressed

– 24 In Process (e.g. aquaculture, animal welfare)

– 5 outstanding

• Expiration dates on certificates

• Inspector Qualifications

• Retail Compliance and Certification

• Mushrooms

• GMO prevention strategy guidance

USDA Agricultural Marketing Service | National Organic Program 30
NOSB Recommendations 1994-2015

• National List

– 280 recommendations

– 254 addressed

– Outstanding are recent and in process 

• Sunset

– 129 reviews completed

– Sodium nitrate (in process for 2017)

USDA Agricultural Marketing Service | National Organic Program 31
Under Development 

• Final Rule

– Origin of Livestock

– Organic Livestock and Poultry Practices

• Proposed Rule

– Aquaculture

– Apiculture

– Pet Food

– Import Certificates

32
Under Development (2017) 

National List - implementing previous NOSB 

recommendations

Sunset – completing 2017 sunset process

Sodium nitrate proposed rule

33
Under Development (2017) 

• Compost notice and comment rulemaking

• Improving oversight and control of organic trade

– Eliminating exclusions for brokers, importers

– Expiration dates on certificates

– Unannounced inspections 

– Clarify compliance procedures

– Identification of non-retail organic products

34
Guidance under development

• Final Guidance

– Classification of Materials

– Crop Materials

• Draft Guidance

– Grower Groups

– Calculation of Organic Ingredients

– Materials Used in Organic Livestock Production

• Instruction

– Import Requirements

35
Control Systems

Accreditation,

Certification

Oversight
Background

• Organic trade expanding 

• U.S. and EU organic market over $80 billion

• Many governments have established organic 

standards and control systems

• Import requirements may be barriers for 

farmers/suppliers to access export organic markets

• Fraudulent certificates continue to be identified

• Alleged violations in foreign countries can be 

complex and challenging to investigate and enforce.

USDA Agricultural Marketing 

Service | National Organic 

Program

37
International framework

• Codex Alimentarius – 1999

• European Union organic regulations, USDA organic 

regulations

• ISO – IEC standards for conformity assessment

– ISO 17011

– ISO 17065, 17021

USDA Agricultural Marketing 

Service | National Organic 

Program

38
Organic control system

• Organic standards

• Certifiers verify that organic farmers and handlers 

comply with organic standards

• Accreditation body ensures that certifiers are 

conducting thorough and complete inspections, 

have qualified personnel, and are meeting all 

aspects of their responsibilities as certifiers

• Certifiers enforce the standards under their 

authority (Notice of Noncompliance, Notices of 

Suspension/Revocation)

• Competent authorities (governments) provide 

oversight and enforcement. 

USDA Agricultural Marketing Service | National Organic Program 39
Equivalency

• Equivalent organic standards

• Competent authority provides effective oversight 

over accredited certifiers

• Control system has effective enforcement systems in 

place (e.g. civil penalties, stop sale)

• Ongoing assessments

• Annual reports

• Critical variances

• Ongoing cooperation on complaint handling and 

enforcement.

USDA Agricultural Marketing Service | National Organic Program 40
International Trade Arrangements

Mexico

USDA Agricultural Marketing 

Service | National Organic 

Program

41
Organic trade with Mexico

• NOP accredited certifiers operating in Mexico (23)

• NOP certified organic operations in Mexico (1635)

• In 2015, U.S. exports of selected organic products to 

Mexico totaled $154 million. 

• U.S. organic imports from Mexico in 2015, totaled 

$141 million, led by coffee, avocados, and bananas. 

• The Harmonized Trade Codes do not track many 

organic products and therefore, our organic imports 

and exports are undoubtedly much higher.

USDA Agricultural Marketing Service | National Organic Program 42
U.S. – Mexico negotiations

• Technical exchange of information –

– SENASICA observe certifier audits

– NOP observe apiculture, grower groups

• Peer review assessments

– ISO 17011 criteria for competent authority 

(government)

– ISO 17065 for control body (certifier)

• Negotiations –

– Identify, discuss, resolve issues

– Goal to reach mutual understanding and ensure 

confidence in respective control systems

USDA Agricultural Marketing 

Service | National Organic 

Program

43
Organic Compliance Commitee

• Proactive strategy to strengthen compliance and 

enforcement 

• Import certificates – CODEX guidelines

– Implemented in January 2017

• Organic Compliance Committee

– Track complaints

– Monitor trends in non-compliances

– Training for certifiers

– Market surveillance residue testing

– Support certifiers working in high security risk 

areas

USDA Agricultural Marketing 

Service | National Organic 

Program

44
Role of Certifiers

Equivalency Arrangements

• Verify Critical Variances for exports

• Review Attestation Statements for imports and exports

• Verify Labeling Requirements

• Issue certificates for exports

• Verify authenticity of NOP Import Certificates

Recognition Agreement

• Verify authenticity of organic certificate from recognition 

country certifiers

USDA Agricultural Marketing 

Service | National Organic 

Program

45
Strengthening the control system

– Organic Import Certificates

• Required under equivalency arrangements

• Included in Codex guidelines

• Assists in product tracking, audit trail, enforcement

– Requiring certification of importers, brokers, 

traders

• Assists in product tracking, audit trail, enforcement

– Clear identification of organic imports

• Electronic records

• Database tracking and notification

– Audit trail from farm to market

– Better data on organic trade

46
Strengthening control systems

• Inter-American Commission on Organic Agriculture

– Strengthening Control

– Building internal markets

– Technical support

• Certifier training 

• Competent Authority training

USDA Agricultural Marketing Service | National Organic Program 47
An Organic Future

• Enhance organic control systems

• Provide support to farmers, handlers, and others 

interested in organic production and marketing

• Clarify and improve organic standards

USDA Agricultural Marketing Service | National Organic Program 48
Thank You

Organic Integrity from

Farm to Table, 

Consumers Trust the

Organic Label

www.ams.usda.gov/nop