United States Department of Agriculture 1400 Independence Avenue SW. NOP 2614

Agricultural Marketing Service Room 2646-South Building Effective Date: April 8, 2013

National Organic Program Washington, DC 20250 Page 1 of 2

Original Issue Date: April 8, 2013 Authorized Distribution: Public

File Name: NOP 2614 Technical Assistance Instruction 04 08 13

Instruction 

Technical Assistance

1. Purpose

This instruction is intended to clarify what technical assistance certifying agents and inspectors 

may provide to organic producers and handlers.

2. Scope

This instruction affects accredited certifying agents who conduct inspections pursuant to the 

USDA organic regulations. 

3. Background

The National Organic Program (NOP) has noted inconsistent interpretation of § 205.501(a) 

criteria, and has received requests from certifying agents to clarify what technical assistance 

inspectors and certifiers can provide under § 205.501(a)(8) without providing advice or 

consultancy services, which would violate § 205.501(a)(11)(iv) of the regulations.

4. Policy

Certifying agents and inspectors are required to provide sufficient information to applicants for 

certification and certified operations to enable them to comply with the applicable requirements 

of the Organic Foods Production Act (Act) and the USDA organic regulations (§ 205.501(a)(8)). 

Certifying agents may provide technical assistance to applicants for certification and certified 

operations that help them understand the organic requirements. Technical assistance includes:

• Information on the mission, goals, and objectives of the NOP; 

• Information on well-known alternatives for overcoming problems, which are available to 

everyone and not specific or proprietary to a single operation;

• Educational information, such as in-house publications, conferences, workshops, 

informational meetings, and webinars, for which participation is voluntary and open to 

the general public; and

• Suggesting alternatives that are in accordance with published decisions or the NOP 

Program Handbook, but ensuring the operation understands their responsibility for 

choosing production and handling methods and ensuring the methods comply with the 

regulations.

Certifying agents must prevent conflicts of interest, either real or perceived, by not giving advice 

or providing consultancy services to applicants for certification and certified operations for 

overcoming identified barriers to certification (§ 205.501(a)(11)(iv)). Consultancy does not 

automatically occur every time a certifying agent provides an operation with information to 

overcome barriers to complying with the regulations. Consultancy does occur, however, when a 

certifying agent:
United States Department of Agriculture 1400 Independence Avenue SW. NOP 2614

Agricultural Marketing Service Room 2646-South Building Effective Date: April 8, 2013

National Organic Program Washington, DC 20250 Page 2 of 2

Original Issue Date: April 8, 2013 Authorized Distribution: Public

File Name: NOP 2614 Technical Assistance Instruction 04 08 13

• Does the work for an operation, or participates in any of the operation’s activities or 

management;

• Gives specific advice or training to a single operation or small group of operations, in the 

development and implementation of the management system, operational procedures, or 

competence of an operation;

• Prepares or produces an operation’s manuals, handbooks, or procedures;

• Provides specific advice on a single operation’s certification problems;

• Is involved in an operation’s decision-making process or participates in the design or 

manufacture of an operation’s products or production methods;

• Suggests that the certification process would be simpler, easier, or less expensive if 

specific activities were undertaken; or

• Suggests actual changes that would bring an operation into compliance.

Inspections are not consulting visits. Inspectors often discover new information or 

documentation during onsite inspections, however, and may provide technical assistance by:

• Asking and answering questions, collecting information, and explaining the regulations; 

• Requesting information that may be missing from the operation’s organic system plan 

(OSP), or accepting updates to the OSP during the onsite inspection up until the exit 

interview begins, although clarifying information may be received during the exit 

interview;

• Capturing information provided by the operation, but not making suggestions that would 

bring the operation into compliance;

• Providing information on well-known alternatives for overcoming problems, provided 

that they are available to everyone and are not specific or proprietary to a single 

operation; or

• Suggesting alternatives that are in accordance with published decisions or the NOP 

program handbook, but ensuring the operation understands their responsibility for 

choosing production and handling methods and ensuring the methods comply with the 

regulations.

Inspectors may not:

• Provide advice on how a specific operation can overcome barriers to certification; 

• Suggest that the certification process would be simpler, easier, or less expensive if 

specific activities were undertaken; or

• Suggest actual changes to an operation’s system or OSP that would bring an operation 

into compliance.

5. References

USDA Organic Regulations

7 CFR 205.501 General Requirements for Accreditation

Approved on April 4, 2013