NATIONAL ORGANIC STANDARDS BOARD

BOARD POLICY MANUAL

Adopted October 19, 2002

Revised April 29, 2004
National Organic Standards Board Policy Manual i

TABLE OF CONTENTS

NOSB POLICY MANUAL.......................................................................................................... 3

INTRODUCTION ...................................................................................................................... 3

SECTION I.................................................................................................................................... 4

NOSB VISION STATEMENT: ................................................................................................. 4

NOSB MISSION STATEMENT:............................................................................................... 4

DUTIES OF THE BOARD AND OFFICERS ........................................................................... 4

Duty of Care............................................................................................................................ 5

Duty of Loyalty........................................................................................................................ 5

Duty of Obedience................................................................................................................... 5

Maintaining Professional and Ethical Standards................................................................... 6

Professional Conduct.............................................................................................................. 6

Conflict of Interest .................................................................................................................. 7

SECTION II .................................................................................................................................. 9

BOARD MEMBER JOB DESCRIPTIONS............................................................................... 9

CONDUCTING BUSINESS .................................................................................................... 10

SECTION III............................................................................................................................... 11

OFFICER RESPONSIBILITIES.............................................................................................. 11

ELECTION OF OFFICERS ..................................................................................................... 11

EXECUTIVE COMMITTEE ................................................................................................... 11

SECTION IV............................................................................................................................... 13

BOARD COMMITTEES ......................................................................................................... 13

Certification, Accreditation, and Compliance Committee.................................................... 13

Crops Committee .................................................................................................................. 13

Materials Committee............................................................................................................. 14

Handling Committee ............................................................................................................. 14

Policy Development Committee............................................................................................ 14

Task Forces........................................................................................................................... 14

SECTION V................................................................................................................................. 15

DUTIES OF COMMITTEE CHAIRS...................................................................................... 15

NOSB POLICY ON COMMITTEE RECOMMENDATIONS ............................................... 15

SECTION VI............................................................................................................................... 17

NATIONAL ORGANIC PROGRAM MATERIALS REVIEW PROCESS........................... 17

PROPOSED ADVISORY AND ASSISTANCE SERVICES.................................................. 19

STATEMENT OF WORK ....................................................................................................... 19

AGENCY NEED ...................................................................................................................... 19

1. Background....................................................................................................... 19
National Organic Standards Board Policy Manual ii

2. Mission of USDA/AMS/NOP........................................................................... 20

3. Specific Task..................................................................................................... 20

4. Minimum Skills and Experience Requirements ............................................... 21

5. Place of Performance ........................................................................................ 21

6. Government Furnished Equipment and Facility............................................... 22

7. Compensation ................................................................................................... 22

8. Period of Performance ...................................................................................... 22

9. Scope of Performance ....................................................................................... 22

Phase I ---Data Gathering and Compilation (120 days)...................................................... 22

Phase II---Evaluation against Criteria (100 days)............................................................... 23

Phase III---Recommendation (42 days)................................................................................ 23

EVALUATION FACTORS FOR AWARD............................................................................. 23

OTHER EVALUATION FACTORS ....................................................................................... 24

REPORTING REQUIREMENTS ............................................................................................ 24

INFORMATION TO BE INCLUDED IN A PETITION......................................................... 25

EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE NATIONAL LIST.. 29

NOSB GUIDANCE DOCUMENT ON COMPATIBILITY WITH A SYSTEM OF 

SUSTAINABLE AGRICULTURE AND CONSISTENCY WITH ORGANIC FARMING 

AND HANDLING....................................................................................................................... 32

NOSB RECOMMENDED DECISION FORM........................................................................ 33

NOSB COMMITTEE RECOMMENDATION FORM.......................................................... 35

PROCEDURES FOR THE MATERIALS REVIEW PROCESS FOR NOSB MEMBERS37

SUBSTANCE PETITION PROCESS....................................................................................... 38

A NOTE FROM THE NATIONAL ORGANIC STANDARDS BOARD.............................. 38

General Petition Guidelines ................................................................................................. 38

Background........................................................................................................................... 39

SECTION VII.............................................................................................................................. 40

MISCELLANEOUS POLICIES............................................................................................... 40

NOSB policy for presenters invited by committees............................................................... 40

NOSB policy for surveys conducted on behalf of NOSB committees.................................... 40

NOSB policy for public comment at NOSB meetings ........................................................... 40

NOSB PRINCIPLES OF ORGANIC PRODUCTION AND HANDLING .......................... 42

DECISION MAKING PROCEDURES FOR THE NOP ....................................................... 44

FACA FACTS .............................................................................................................................. 45

DUTIES OF THE DESIGNATED FEDERAL OFFICER....................................................... 46

PARLIAMENTARY PROCEDURE AT A GLANCE............................................................ 47
National Organic Standards Board Policy Manual 3

NOSB POLICY MANUAL

INTRODUCTION

This document is intended as a guide for all members of the National Organic 

Standards Board. Board members are entrusted with a strong responsibility to treat the 

business of the Board as fiduciaries for all members of the organic community and the 

public at large. 

The Board’s primary role is to advise, rather than administer and implement. In every 

business, success depends heavily upon the ability of Board and management to each 

understand their respective roles, and to develop the working relationship necessary 

within those roles.

This handbook is designed to assist the Board in its responsibilities. New Board 

members are encouraged to review this Manual in depth. Existing members are advised 

to periodically review the contents to refresh their understanding of the Board’s role and 

their duties. 

New policies and revisions to existing policies will be incorporated into the NOSB Policy 

Manual from time to time, as determined by the Board.
National Organic Standards Board Policy Manual 4

SECTION I

NOSB VISION STATEMENT:

The NOSB’s vision is an agricultural community rooted in organic principles and values 

that instills trust among consumers, producers, processors, retailers, and other 

stakeholders. Consistent and sustainable organic standards guard and advance the 

integrity of organic products and practices. 

NOSB MISSION STATEMENT:

To achieve its vision, the NOSB provides effective and constructive advice, clarification, 

and guidance concerning the National Organic Program to the Secretary of Agriculture, 

seeking to represent a consensus of the organic community. In carrying out the mission, 

key activities of the Board are:

 Assisting in the development and maintenance of organic standards and 

regulations;

 Conducting public meetings and listening to public comments;

 Maintaining a National List of Allowed and Prohibited Materials;

 Communicating with, supporting, and coordinating with the NOP staff;

 Communicating with the organic community;

 Providing information and education on the National Organic Program.

DUTIES OF THE BOARD AND OFFICERS

According to the Organic Foods Production Act of 1990 (OFPA), the responsibilities of 

the Board are to: provide recommendations to USDA regarding implementation of 

OFPA; develop the National List of Allowed and Prohibited Materials; convene 

Technical Advisory Panels (TAPs) to provide scientific evaluation of materials; advise 

the USDA concerning the testing of organic products for residues of prohibited 

materials; and advise the USDA concerning the impact of emergency spray programs 

on certified organic farms.

Board members’ duties in upholding their responsibilities are generally divided into three 

categories, categorized in this policy manual as the Duty of Care, the Duty of Loyalty, 

and the Duty of Obedience. 
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Duty of Care

The Duty of Care calls upon a member to participate in the decisions of the Board, and 

to be informed as to the data relevant to such decisions. In essence, the Duty of Care 

requires that a member:

 Be reasonably informed—It is the duty of all Board members to seek and study the 

information needed to make a reasoned decision and/or recommendation on all 

business brought before the Board. The NOP will provide some of that information, 

but other information must be developed from independent sources.

 Participate in decisions—Board members are bound by responsibility to be active 

participants in decision-making. Absence from a meeting is no protection from the 

responsibility for decisions made at the meeting. 

 Make decisions with the care of an ordinary prudent person in a similar position—

The law does not expect Board members to act as superheroes. It simply requires 

Board members to exercise judgment of an ordinary prudent person who may be 

faced with a similar issue. 

Duty of Loyalty

The Duty of Loyalty requires Board members to exercise their power in the interest of 

the public, and not in their own interest or the interest of another entity or person. As a 

Board member, your loyalty is to the organic community and the public at large. Period. 

In dispatching their Duty of Loyalty, Board members must:

 Address conflicts of interest—Board members bring to the NOSB particular areas of 

expertise based upon their personal and business interests in organic production 

and marketing. Board members may have interests in conflict with those of the 

public interests. Board members must be conscious of the potential for such conflicts 

and act with candor and care in dealing with such situations. Board members must 

abide by the NOSB conflict of interest policy. 

 Recognize corporate opportunity—Before a Board member votes upon an issue in 

which they have a direct financial interest, that Board member must disclose the 

transaction to the Board in sufficient detail and adequate time to enable the Board to 

act—or decline to act—in regard to such transaction.

Duty of Obedience

Board members are bound to obey the tenants of the laws and regulations governing 

organic production, processing, and marketing. To this effect, Board members must:
National Organic Standards Board Policy Manual 6

 Act within the requirements of the law—Board members must uphold all state and 

federal statutes, including the Federal Advisory Committee Act (FACA – 5 U.S.C. 

App. 2 et seq.).

 Follow the responsibilities of the Board as defined by the Organic Foods Production 

Act of 1990.

 Follow the requirements specified in this Board Policy Manual.

Maintaining Professional and Ethical Standards

As appointees of the Secretary, NOSB members must maintain high professional and 

ethical standards for the conduct of all activities within and outside of the NOSB. Areas 

of particular concern include professional conduct and conflict of interest.

Professional Conduct

Public service is a public trust, requiring ethical principles above private gain.

NOSB members shall put forth honest effort in the performance of their NOSB duties.

NOSB members shall make no commitments or promises of any kind purporting to bind 

the Government.

NOSB members shall act impartially and not give preferential treatment to any 

organization or individual.

NOSB members, committee and task force members, and contractors and agents of the 

NOSB shall not engage in a financial transaction using nonpublic information, not allow 

the improper use of nonpublic information to further his/her own private interest or that 

of another, whether through advice or recommendation, or allow the unauthorized 

disclosure of nonpublic information. 

Nonpublic information is defined as information that the board member gains by reason 

of participation in the National Organic Standards Board and that he/she knows or 

reasonably should know has not been made available to the general public. This 

includes information that is “routinely exempt from disclosure in 5 U.S.C. 552 (Freedom 

of Information Act) or otherwise protected from disclosure by statute, Executive Order or 

regulation; is designated as confidential by the agency or program; or has not actually 

been disseminated to the general public and is not authorized to be made available to 

the public upon request.” 

NOSB members, committee and task force members, and contractors and agents of the 

NOSB shall keep confidential, all information identified by petitioners as confidential 

business information.
National Organic Standards Board Policy Manual 7

To the maximum extent possible, NOSB members should speak with one voice. 

Although there may be disagreements within NOSB committee or working group 

sessions, once NOSB members leave the session they have the responsibility to 

support the integrity of the process, whether or not they agree with the final outcome. 

While NOSB members retain the right to express minority opinions, the public airing of 

dissension could strain interpersonal relationships and create distrust and conflict 

among NOSB members. Such stresses could undermine the NOSB’s ability to 

effectively carry out its role as a governmental advisory board.

NOSB members with diverse backgrounds are recruited to provide balance to the 

Board. While individual NOSB members represent the segments of the population from 

which they were selected, they also represent the greater good of the population as a 

whole.

Conflict of Interest

To ensure that business conducted by the NOSB is above reproach in all aspects of 

Board activity the NOSB has adopted a Conflict of Interest policy. The policy includes 

but is not limited to any NOSB member or party who owns, manufacturers or distributes 

a material for which the party has petitioned the NOSB for inclusion on the National List.

The NOSB recognizes that members have been specifically appointed to the Board to 

provide advice and counsel to the Secretary concerning policies related to the 

development of organic standards and the creation and amendment of the National List. 

NOSB members have been appointed because they have professional expertise which 

enables them to advise the Secretary. This professional expertise may, at times, 

present an inherent conflict of interest. To prevent overt advocacy for direct financial 

gain and the appearance of self-interest or the appearance of wrongful activity, the 

NOSB has adopted the following conflict of interest policy.

Be it resolved by the National Organic Standards Board:

That members of the Board shall refrain from taking any official Board action 

from which that Board member is or would derive direct financial gain. Board 

members shall disclose their interest to the Board and the public, when they or 

their affiliated business stand to gain from a vote, which they cast in the course of 

Board business. Under certain circumstances, the Board may determine whether 

it is appropriate for the member to vote.

That members of the Board shall refrain promoting for consideration any 

material, process or practice for which the member is or would derive direct 

financial gain arising out of such Board action. The act of promoting such 

material, process or practice shall include private discussion with members of the 

Board advocating the value of the material, public discussion, and/or written 

advocacy.
National Organic Standards Board Policy Manual 8

A "direct financial gain" is defined as monetary consideration, contractual benefit 

or the expectation of future monetary gain to a Board member including but not 

limited to financial gain from a party who manufacturers, distributes or holds 

exclusive title to a formula for a material or product, process or practice.
National Organic Standards Board Policy Manual 9

SECTION II

BOARD MEMBER JOB DESCRIPTIONS

The National Organic Standards Board fulfills three important roles. First, the Board 

serves as the primary linkage to the organic community. In that regard, the Board must 

advise the NOP on the implementation of OFPA. Second, the Board must approve all 

materials which appear on the National List. Finally, the Board maintains the 

responsibility to protect and defend the integrity of the organic sector. 

Composition of the Board

The Board shall be composed of 15 members, of which:

1) four shall be individuals who own or operate organic farming operations;

2) two shall be individuals who own or operate organic handling operations;

3) one shall be an individual who owns or operates a retail establishment with 

significant trade in organic products;

4) three shall be individuals with expertise in environmental protection and resource 

conservation;

5) three shall be individuals who represent public interest or consumer groups;

6) one shall be an individual with expertise in the fields of toxicology, ecology, or 

biochemistry; and

7) one shall be an individual who is a certifying agent.

Board members must maintain the following standards:

Participate in meetings – Members must make a commitment to attend meetings of the 

Board. 

Serve on committees, as assigned – Each member must be willing to serve on 

committees as assigned by the Chair, and to participate in the work of those 

committees. 

Be informed about the decisions to be made – Board members are expected to seek 

and study the information needed to make a reasoned decision and/or recommendation 

on all business brought before the Board. 

Fully disclose any conflict of interest positions – Members having any commercial or 

immediate family interest that poses a potential or perceived conflict of interest must 

disclose that conflict to the Board, and abide by any decision of the Board in dealing 

with the situation.
National Organic Standards Board Policy Manual 10

CONDUCTING BUSINESS

Quorum – A majority of the members of the Board shall constitute a quorum for the 

purpose of conducting business. A majority of the members of a Committee, including 

the Executive Committee, shall constitute a quorum for the purpose of conducting 

business.

Decisive votes – Two-thirds of the votes cast at a meeting of the board at which a 

quorum is present shall be decisive of any motion. All abstentions will be recorded as 

such; however, they will be tallied with the majority vote. All Board members who are 

absent and/or who recuse themselves due to conflicts of interest shall be recorded as 

such; their votes are not counted towards the total number of votes cast. 
National Organic Standards Board Policy Manual 11

SECTION III

OFFICER RESPONSIBILITIES

Three principal officers, the Chair, Vice Chair, and Secretary, guide the Board. 

Chair

The Chair is responsible to assure the integrity of the Board process, including 

effectiveness of meetings and the board’s adherence to its own rules. The Chair shall: 

schedule meetings of the Board and the Executive Committee; draft meeting agendas in 

consultation with committee chairs and NOP staff; convene and preside at meetings; 

review committee work plans; and review meeting minutes for accuracy.

Vice Chair

The Vice Chair shall act in the absence of the Chair. The Vice Chair shall also be 

responsible for maintenance and upkeep of the policy manual.

Secretary

The Secretary is responsible for the integrity of all legal and governing documents of the 

Board. It is the Secretary’s responsibility to: record and maintain the official board 

proceedings; circulate draft minutes for approval of the Board; ensure that minutes of 

board actions are available to members of the public; and transfer custody of the 

minutes of the board to the Secretary’s successor. The Secretary may delegate tasks to 

others, including USDA staff, but retains responsibility for the official record. 

ELECTION OF OFFICERS

Officers shall be elected for terms of one year by majority vote at the annual fall meeting 

of the Board. Candidates may be self nominated or nominated by another member of 

the Board. Should an officer resign or fail to serve the full term, the Executive 

Committee shall appoint an interim officer. The interim officer shall serve in the capacity 

until the next regularly scheduled meeting of the Board, during which an election will be 

held to fill the remainder of the term.

EXECUTIVE COMMITTEE

The Executive Committee of the NOSB shall be comprised of the Chair, Vice Chair, 

Secretary, and the chairs of the Certification, Accreditation, and Compliance, Crops, 

Handling, Livestock, Materials, and Policy Development Committees. The Executive 

Committee, with participation of the NOP, shall meet monthly, as needed, or as called 

by the Chair, and shall conduct business on behalf of the board, except that the 
National Organic Standards Board Policy Manual 12

Executive Committee shall not take action on any recommendation to the Secretary, 

including the status of materials on the National List.
National Organic Standards Board Policy Manual 13

SECTION IV

BOARD COMMITTEES

Committees play an important role in administering the board’s responsibilities. 

Committees exist to provide greater depth and clarity in the Board’s responsibility to 

make informed decisions. Except for the Executive Committee, no committees are 

authorized to act in place of the Board. They are empowered to analyze information and 

bring draft recommendations to the Board for action. 

Committee Chairs are appointed by the Board Chair. The Livestock Committee, the 

Crops Committee, and the Handling Committee will each have co-chairs. One co-chair 

will guide all committee discussion, and will oversee the committee’s work plan. The 

other co-chair will be responsible for the committee’s consideration of materials, and will 

serve as the liaison to the Materials Committee.

Committee recommendations are finalized by the NOSB according to the following 

process: 1) committee drafts the recommendation; 2) draft recommendation is posted 

for public comment; 3) public comments are considered by committee when making 

recommendation to the Board; and 4) Board takes action on the recommendation. All 

draft recommendations must be submitted to the NOP at least sixty (60) days prior to 

the next upcoming NOSB meeting, in order to be considered at that meeting.

Board actions may include adoption of the recommendation as presented by the 

committee; amending and then adopting the recommendation; rejecting the 

recommendation; or referring the recommendation back to committee for further 

development.

Certification, Accreditation, and Compliance Committee

The Certification, Accreditation, and Compliance Committee shall make draft 

recommendations for consideration by the Board concerning the applicability, 

certification, accreditation, and compliance sections of OFPA and the Final Rule and 

how those sections are implemented by the NOP, accredited certifying agents, and 

State Organic Programs. 

Crops Committee

The Crops Committee shall make draft recommendations for consideration by the Board 

concerning the crop production section of OFPA and the Final Rule. The Crops 

Committee shall also review petitions, technical advisory panel reports, and public 

comments concerning materials used for crop production which have been requested 

for addition to or removal from the National List.

Livestock Committee
National Organic Standards Board Policy Manual 14

The Livestock Committee shall make draft recommendations for consideration by the 

Board concerning the livestock and livestock feed sections of OFPA and the Final Rule. 

The Livestock Committee shall also review petitions, technical advisory panel reports, 

and public comments concerning materials used for livestock production which have 

been requested for addition to or removal from the National List.

Materials Committee

The Materials Committee shall make draft recommendations for consideration by the 

Board concerning the National List section of the Final Rule. The Materials Committee 

shall work in conjunction with the NOP, NOSB Committees, and TAP Contractors in 

managing the Materials Review Process. In addition to a chair appointed by the Board 

Chair, the Materials Committee shall include in its membership one of the co-chairs 

from each of the Livestock, Crops, and Handling committees. Other members may be 

appointed as needed. 

Handling Committee

The Handling Committee shall make draft recommendations for consideration by the 

Board concerning the handling and labeling sections of OFPA and the Final Rule. The 

Handling Committee shall also review petitions, technical advisory panel reports, and 

public comments concerning materials used for processing and handling which have 

been requested for addition to or removal from the National List.

Policy Development Committee

The Policy Development Committee shall work with the NOP to develop priorities for the 

Board. The Policy Development Committee shall make draft recommendations for 

consideration by the Board concerning Board operations, policies, procedures, and 

work plans. 

Task Forces

As determined by the Board or Executive Committee, task forces shall be appointed to 

explore specific issues and present draft recommendations to the Board or to a 

committee. Task forces may include members of the public who do not serve on the 

Board. Each task force shall include at least one member of the NOSB. Minutes shall be 

taken of task force meetings. Each task force shall submit a final report to the Board. 

Each task force shall be disbanded when its work has concluded.
National Organic Standards Board Policy Manual 15

SECTION V

DUTIES OF COMMITTEE CHAIRS

Committee chairs are obligated to schedule committee meetings as needed; draft 

committee meeting agendas in consultation with committee members and NOP staff; 

convene and preside at committee meetings; insure that minutes are taken of 

committee meetings; review committee meeting minutes for accuracy; and report the 

actions of the committee to the Board.

Committee chairs shall not act unilaterally, especially concerning issues which involve 

statutory responsibilities of the Board.

NOSB POLICY ON COMMITTEE RECOMMENDATIONS

All committee and task force draft recommendations must be submitted to the NOP at 

least sixty (60) days prior to the next upcoming NOSB meeting, in order to be 

considered at that meeting.

NOSB committees and task forces shall use the following format to present draft policy 

and/or material recommendations for consideration by the Board:

Introduction – The “introduction” shall summarize the issue.

Background – The “background” section shall explain the issue in sufficient detail and 

provide rationale for the proposed recommendation. It shall explain why the 

recommendation should be adopted, provide historical context, and describe the 

regulatory framework pertinent to the issue. For livestock and crop materials, the 

background section must include the committee’s report of how the material was 

analyzed in the context of the specific criteria in Section 2119 of the OFPA (7 U.S.C. 

6518(m)(1-7). For handling materials, the background section must include the 

committee’s report of how the material was analyzed in the context of the criteria 

approved by the NOSB on February 10, 1999, incorporated in Section205.600(b) of the 

Final Rule.

Recommendation – This section shall contain the concise text of the committee or task 

force’s recommended action.

Committee vote – The actual vote of the committee or task force shall be reported.

Minority opinion – If applicable, the opinion of committee or task force members who 

voted in opposition shall be summarized.
National Organic Standards Board Policy Manual 16

Conclusion – The recommendation of the committee or task force shall be 

summarized.
National Organic Standards Board Policy Manual 17

SECTION VI

NATIONAL ORGANIC PROGRAM MATERIALS REVIEW PROCESS

The minimum timeframe for National List Material Review is 145 days. The following 

process is a description of the communications and expectations between NOP staff, 

Materials Committee, and TAP Contractors.

 Day 1 through 14:

o The petition for request of a material to be added or deleted from the 

National List is received by NOP. The NOP staff reviews the petition to 

see if all of the requirements, as described by the petition process, are 

complete. If the petition has all the required information then a copy of the 

petition is sent to the NOSB Materials Committee Chair.

 Day 14 through 21:

o The Materials Chairperson sends a copy of the petition to the Vice- Chair 

of Materials along with a copy to the Chairperson of the designated NOSB 

committee (i.e., Crops, Livestock, or Processing). The Materials Chair, 

Vice-Chair, and designated NOSB committee chair will evaluate the 

petition to see if it will be forwarded for a TAP review. If so, they determine 

which contractor will be designated the work order. All contractors will 

review equal numbers of materials from all sectors. The TAP requests will 

be allotted on a rotation cycle. For example, equal numbers of crops, 

livestock, and processing materials will be forwarded to contractors up to 

the time their contract amount has been fulfilled.

 No later than 115 days prior to a NOSB Meeting:

o All TAP review requests that are sent to contractors 115 days prior to the 

next NOSB meeting will be guaranteed completed TAP reviews. Note: if

there is a problem with completing the work then the contractor must notify 

the materials chair ASAP.

o Statement of Work: Please see your statement of work for specific tasks 

and responsibilities that fall under this time frame. This can be found 

under section #9 Scope of performance:
National Organic Standards Board Policy Manual 18

 Please note that in Phase I the contractor must notify NOP in 

writing of any substance(s) they feel are not appropriate for 

National List evaluation. Contractors must not directly correspond 

with the petitioner. All requests for additional information or 

clarification to a petition should be sent via email to NOP Staff. (see 

below for email addresses)

 Ninety (90) days prior to the NOSB Meeting:

o Copies of the completed TAP review must be received by NOP. One copy 

must be FedEx to:

USDA-AMS-TM-NOP

1400 Independence Avenue, S.W.

Room 4008-So., Ag Stop 0268

Washington, D.C. 20250-0200

Attention: Mr. Robert Pooler or Ms. Toni Strother

o Also one copy must sent via e-mail to bob.pooler@usda.gov or 

toni.strother2@usda.gov

o The NOSB Committee will use this timeframe to review the TAP’s and 

may call on contractors to clarify issues.

o TAP reviews are posted on the NOP website for review and public 

comment.
National Organic Standards Board Policy Manual 19

PROPOSED ADVISORY AND ASSISTANCE SERVICES

STATEMENT OF WORK

Request for Proposals to Perform Technical Advisory Panel Evaluation of 

Substances Petitioned for Inclusion on or Removal from the National Organic 

Program's National List of Allowed and Prohibited Substances

AGENCY NEED

See Statement of Work 1.0 Background

STATEMENT OF WORK

1. Background

The Organic Foods Production Act of 1990 (OFPA), as amended, requires the 

Secretary of Agriculture (Secretary) to establish a National List of Allowed and 

Prohibited Substances (National List). This list identifies the synthetic substances 

that may be used, and the nonsynthetic substances that cannot be used, by organic 

production and handling operations. The OFPA authorizes the National Organic

Standards Board (NOSB) to develop and forward to the Secretary a recommended 

Proposed National List, and subsequent proposed amendments to it. The OFPA 

provides that persons may petition the NOSB to evaluate a substance for inclusion 

on or removal from the National List

The NOSB submitted a Proposed National List to the Secretary that was 

subsequently published on December 21, 2000, as part of the National Organic 

Program (NOP) final rule, 65 Fed. Reg. 80548-80684, (2000). Based on information 

supplied to the NOSB by trade associations, certification organizations and other 

organic industry sources, there are many substances currently used in organic 

production and handling that have not been evaluated by the NOSB for inclusion on 

the National List. Evaluations of these substances must be expedited to prevent the 

possible disruption of well-established and accepted production, handling, and 

processing systems.

Section 2119 of the OFPA (7 U.S.C. 6518 (k)(3)) provides that the NOSB shall 

convene technical advisory panels (TAP) to provide scientific evaluation of 

substances for inclusion on the National List. TAP evaluations assist the NOSB in 

evaluating substances being considered for addition to or removal from the National 

List. The NOP, on behalf of the NOSB, establishes contracts to conduct the TAP 

evaluations. 
National Organic Standards Board Policy Manual 20

2. Mission of USDA/AMS/NOP

The mission of NOP is to establish national standards governing the marketing of 

certain agricultural products as organically produced. The NOP is assisted by the 

NOSB, which provides policy advice in carrying out the program, including advising 

the Secretary on substances for inclusion on or removal from the National List.

The NOSB reviews information from various sources in evaluating substances for 

inclusion on or removal from the National List. Sources include TAP evaluations, the 

Environmental Protection Agency, the Food and Drug Administration, the National 

Institute of Environmental Health Studies, and public comment. The NOSB submits 

its recommendations, along with the results of the required evaluation and technical 

advisory panel evaluation for each substance, to the Secretary for consideration in 

accordance with the requirements of section 2118(d) of the OFPA (7 U.S.C. 

6517(d)).

3. Specific Task

The contractor(s) shall furnish technical advisory panel evaluations for crop 

production, livestock production, and processing substances submitted to the NOSB 

in response to petition notices, such as was published in the Federal Register on 

July 13, 2000, as well as other substances requiring evaluation as determined by the 

NOP.

For crop and livestock production substances, the contractor(s) shall use the criteria 

in Section 2119 of the OFPA (7 U.S.C. 6518 (m)(l-7)). The criteria are:

 The potential of the substance for detrimental chemical interactions with other 

materials used in organic farming systems;

 The toxicity and mode of action of the substance and of its breakdown products 

or any contaminants, and their persistence in the environment;

 The probability of environmental contamination during manufacture, use, misuse 

or disposal of the substance;

 Its effects on human health;

 The effects of the substance on biological and chemical interactions in the 

agroecosystem;

 The alternatives to using the substance; and,

 The compatibility of the substance with a system of sustainable agriculture.
National Organic Standards Board Policy Manual 21

For processing substances, the contractor(s) shall use the criteria approved at the 

February 10, 1999, NOSB meeting. The criteria are:

 That processing aid or adjuvant cannot be produced from a natural source and 

has no organic ingredients as substitutes;

 If manufacture, use, and disposal do not have adverse effects on the 

environment and are done in a manner compatible with organic handling as 

described in section 6513 of the OFPA;

 The nutritional quality of the food is maintained and the material itself or its 

breakdown products do not have adverse effects on human health as defined by 

applicable Federal regulations;

 Its primary purpose is not as a preservative or used only to recreate/improve 

flavors, colors, textures, or nutritive value lost during processing except in the 

latter case as required by law;

 It is Generally Recognized as Safe (GRAS) by FDA when used in accordance 

with Good Manufacturing Practices (GMP) and contains no residues of heavy 

metals or other contaminants in excess of FDA tolerances;

 Its use is compatible with the principles of organic handling; and,

 There is no other way to produce a similar product without its use and it is used 

in the minimum quantity required to achieve the process. 

4. Minimum Skills and Experience Requirements

Contractor(s) shall utilize qualified individuals or organizations who have specialized 

knowledge of the petitioned substances. Contractor(s) must have demonstrable 

expertise in organic production and handling or scientific disciplines such as 

veterinary medicine, chemistry, food technology, microbiology or toxicology. 

Contractor(s) must be familiar with the requirement for technical advisory panels 

described in the Organic Foods Production Act of 1990.

5. Place of Performance

Contractor(s) shall perform all task related activity within the United States of 

America at specific locations determined by contractor(s). During the contract period, 

the contractor(s) shall travel at contractor(s)’s expense to NOSB meetings for the 

purpose of disseminating substance review findings to the NOSB and general public. 
National Organic Standards Board Policy Manual 22

6. Government Furnished Equipment and Facility

None, except that the NOP shall provide Contractor(s), (on a non-routine basis), with 

substance review petitions, ancillary documents or other applicable information in 

possession of NOP.

7. Compensation

The NOP may award multiple contracts for tasks outlined in this statement of work. 

Contractor(s) shall be compensated at a firm-fixed price rate not to exceed 

$4,000.00 per substance reviewed. Total compensation shall not exceed 

$100,000.00.

8. Period of Performance

September 30, 2001 – September 30, 2002 (262 working days)(Holiday time off is at 

contractor(s)’ discretion.)

9. Scope of Performance

Phase I ---Data Gathering and Compilation (120 days)

Phase I is not to exceed 120 days for any one substance. During this phase the 

contractor(s) provider shall perform the following activities:

 Characterize [the] substance(s) and identify uses and applications;

 Determine whether [the] substance(s) are synthetic or non-synthetic (See 7.S.C. 

6502 (21) for definition of synthetic);

 Determine [the] substance(s) chemical or biological composition and possible 

impact on human/animal health and the environment;

 Identify [the] substance(s) relevant toxicological studies, including ensuring 

substance does not contain residues of heavy metals or other environmental 

contaminants in excess of Food and Drug Administration Action Level or 

Environmental Protection Agency tolerances;

 Determine [the] substance(s) persistence in the environment;

 Determine [the] substance(s) effect on soil structure and ecology;

 Identify alternatives to the use of the substance(s);

 Determine [the] substance(s) historical use in organic production, processing and 

handling; and
National Organic Standards Board Policy Manual 23

 Determine [the] substance(s) status under OFPA and with other government 

agencies

Additionally, within 45 days of commencement of Phase I, the contractor(s) must notify 

the NOP in writing of any substance(s) not appropriate for National List evaluation. 

Other substances for evaluation may be substituted upon agreement between the NOP, 

the NOSB, and the contractor(s).

Phase II---Evaluation against Criteria (100 days)

Phase II is not to exceed 100 days for any one substance. The contractor(s) shall 

engage no less than three evaluators for each substance. No current member of the 

NOSB may serve as an evaluator. Evaluators may use data from all relevant sources. 

Evaluators shall make recommendations to the contractor(s) as to the substance’s 

status as synthetic or non-synthetic and whether, in either case, the substances should 

be added to or removed from the National List.

Phase III---Recommendation (42 days)

Phase III is not to exceed 42 days for any one substance. Contractor(s) shall provide 

the NOP with a recommendation regarding each substance's suitability for inclusion on 

or removal from the National List. All data and analyses collected in Phase I and II will 

be forwarded to the NOP upon the completion of Phase III in accordance with the 

reporting requirements stated below.

EVALUATION FACTORS FOR AWARD

The NOP may award multiple contracts for tasks outlined in this statement of work. 

Contractor(s) selection will be based on evaluation of proposals in accordance with the 

responses received to the criteria outlined in Section 4.0, Minimum Skills and 

Experience Requirements and Section 9.0, Scope of Tasks. Award will be made to that 

offeror whose combination of technical experience and cost represents the best value to 

the Government and is most advantageous, cost, and other factors considered, and 

which is within the available NOP resources. 

The NOP also reserves the right to reject any or all proposals received and/or request 

clarification or modification of proposals. The NOP reserves the right to determine a 

competitive range for negotiation based upon the technical and cost acceptability of 

proposals. In addition, the NOP reserves the right to award a contract without 

discussions.

Cost evaluation will include an analysis of the total cost and cost elements (if applicable) 

to perform the required work. The total costs supplied by the offeror shall constitute the 

total firm-fixed unit price for that service or deliverable. 
National Organic Standards Board Policy Manual 24

Proposals that are unrealistic, in terms of technical commitment or unreasonably low or 

high in costs will be deemed reflective of an inherent lack of technical competence or as 

indicative of a failure to comprehend the complexity involved in the contract 

requirements. Such may be grounds for rejection of the proposal. 

OTHER EVALUATION FACTORS

Technical proposals will be initially evaluated with respect to six (6) major factors for 

determination of the competitive range. Technical factors are listed in descending order 

of importance. The technical proposal is of greater importance than the cost proposal; 

when technical proposals are relatively equal in technical merit, cost will increase in 

importance.

Technical Factors

Factor 1 Overall Technical Approach; Proposed Methodology; Demonstrated 

Understanding of the Scope of Work and the Requirements

Factor 2 Previous Demonstrated Experience and Past Performance

Factor 3 Quality Control

Factor 4 Capability and Experience of Key Personnel

Factor 5 Project Management and Support Capability

Factor 6 Reasonableness of Cost 

REPORTING REQUIREMENTS

Progress reports are due to the NOP each 60 days after the contract award date. A final 

report is due within 60 days of the end of the contract period. The contractor(s) shall 

forward five copies of the bi-monthly progress reports and the final report and all 

deliverables to the NOP in Washington DC. Documents should be addressed to: 

Richard H. Mathews, Program Manager, National Organic Program, USDA-AMS-TMNOP, 1400 Independence Avenue, S.W., Room 4008-So., Ag Stop 0268, Washington, 

D.C. 20250-0200, Attention: Substance Evaluations. 

The narrative in the progress reports should refer back to the stated objectives and 

timeline of the original contract proposal. Beneath each objective, the objective's current 

status should be reported. Any substantive diversion from a stated objective, or any 

deviation from the proposed timeline should be explained. Only the activities required 

under the contract should be reported. At a minimum, the progress reports should also 

include the following:

1. A short summary of the accomplishments for the reporting period;
National Organic Standards Board Policy Manual 25

2. Progress on completing individual project tasks;

3. The planned and actual schedules for task completion;

4. Projected accomplishments for the next reporting period: and,

5. Data on financial expenditures by task category. 

Any deliverables required under the contract should be submitted upon completion and 

addressed to: Richard H. Mathews, Program Manager, National Organic Program, 

USDA-AMS-TM-NOP, 1400 Independence Avenue, S.W., Room 4008-So., Ag Stop 

0268, Washington, D.C. 20250-0200, Attention: Substance Evaluations.

INFORMATION TO BE INCLUDED IN A PETITION

ITEM A

Please indicate within which of the following categories your substance is being 

petitioned for inclusion on or removal from the National List: 

1. Synthetic substance's allowed for use in organic crop production; 

2. Nonsynthetic substances prohibited for use in organic crop production; 

3. Synthetic substances allowed for use in organic livestock production; 

4. Nonsynthetic substances prohibited for use in organic livestock production; and 

5. Nonagricultural (nonorganic) substances allowed in or on processed products 

labeled as “organic'' or “made with organic (specified ingredients).'' 

ITEM B

1. The substance’s common name. 

2. The manufacturer’s name, address, and telephone number. 

3. The intended or current use of the substance such as use as a pesticide, animal 

feed additive, processing aid, nonagricultural ingredient, sanitizer, or disinfectant. 

4. A list of the crop, livestock, or handling activities for which the substance will be 

used. If used for crops or livestock, the substance's rate and method of 

application must be described. If used for handling (including processing), the 

substance’s mode of action must be described. 
National Organic Standards Board Policy Manual 26

5. The source of the substance and a detailed description of its manufacturing or 

processing procedures from the basic component(s) to the final product. 

Petitioners with concerns for confidential business information can follow the 

guidelines in the Instructions for Submitting Confidential Business Information 

(CBI) listed in #13. 

6. A summary of any available previous reviews by State or private certification 

programs or other organizations of the petitioned substance. 

7. Information regarding EPA, FDA, and State regulatory authority registrations, 

including registration numbers. 

8. The Chemical Abstract Service (CAS) number or other product numbers of the 

substance and labels of products that contains the petitioned substance. 

9. The substance's physical properties and chemical mode of action including (a) 

chemical interactions with other substances, especially substances used in 

organic production; (b) toxicity and environmental persistence; (c) environmental 

impacts from its use or manufacture; (d) effects on human health; and, (e) effects 

on soil organisms, crops, or livestock. 

10.Safety information about the substance including a Material Safety Data Sheet 

(MSDS) and a substance report from the National Institute of Environmental 

Health Studies. 

11.Research information about the substance which includes comprehensive 

substance research reviews and research bibliographies, including reviews and 

bibliographies which present contrasting positions to those presented by the 

petitioner in supporting the substance's inclusion on or removal from the National 

List. 

12.A “Petition Justification Statement'' which provides justification for one of the 

following actions requested in the petition: 

 When petitioning for the inclusion of a synthetic substance on the National 

List, the petition should state why the synthetic substance is necessary for the 

production or handling of an organic product. The petition should also 

describe the nonsynthetic substances or alternative cultural methods that 

could be used in place of the petitioned synthetic substance. Additionally, the 

petition should summarize the beneficial effects to the environment, human 

health, or farm ecosystem from use of the synthetic substance that support 

the use of it instead of the use of a nonsynthetic substance or alternative 

cultural methods. 
National Organic Standards Board Policy Manual 27

 When petitioning for the removal of a synthetic substance from the National 

List the petition must state why the synthetic substance is no longer 

necessary or appropriate for the production or handling of an organic product. 

 When petitioning for the inclusion on the National List of a nonsynthetic or 

nonagricultural substance as a prohibited substance the petition must state 

why the nonsynthetic or nonagricultural substance should not be permitted in 

the production or handling of an organic product. 

 When petitioning for the removal from the National List of a nonsynthetic or 

nonagricultural substance as a prohibited substance the petition must state 

why the nonsynthetic or nonagricultural substance should be permitted in the 

production or handling of an organic product.

13.A Commercial Confidential Information Statement which describes the specific 

required information contained in the petition that is considered to be Confidential 

Business Information (CBI) or confidential commercial information and the basis 

for that determination. Petitioners should limit their submission of confidential 

information to that needed to address the areas for which this notice requests 

information. Instructions for submitting CBI to the National List Petition process 

are presented in the instructions below:

(a) Financial or commercial information the applicant does not want disclosed for 

competitive reasons can be claimed as CBI. Applicants must submit a written 

justification to support each claim. 

(b) “Trade secrets'' (information relating to the production process, such as 

formulas, processes, quality control tests and data, and research 

methodology) may be claimed as CBI. This information must be (1) 

commercially valuable, (2) used in the applicant's business, and (3) 

maintained in secrecy. 

(c) Each page containing CBI material must have “CBI Copy'' marked in the 

upper right corner of the page. In the right margin, mark the CBI information 

with a bracket and “CBI.'' 

(d) The CBI-deleted copy should be a facsimile of the CBI copy, except for 

spaces occurring in the text where CBI has been deleted. Be sure that the 

CBI-deleted copy is paginated the same as the CBI copy. (The CBI-deleted 

copy of the application should be made from the same copy of the application 

which originally contained CBI.) Additional material (transitions, 

paraphrasing, or generic substitutions, etc.) should not be included in the CBIdeleted copy. 
National Organic Standards Board Policy Manual 28

(e) Each page with CBI-deletions should be marked “CBI-deleted'' at the upper 

right corner of the page. In the right margin, mark the place where the CBI 

material has been deleted with a bracket and “CBI- deleted.''

(f) If several pages are CBI-deleted, a single page designating the numbers of 

deleted pages may be substituted for blank pages. (For example, “pages 7 

through 10 have been CBI-deleted.'') 

(g) All published references that appear in the CBI copy should be included in the 

reference list of the CBI-deleted copy. Published information usually cannot 

be claimed as confidential.

However, the National List substance evaluations will involve a public and open 

process. No confidential information will be available for public inspection.

The NOP Program Manager may request additional information from the petitioner 

following receipt of the petition. 
National Organic Standards Board Policy Manual 29

EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE 

NATIONAL LIST

Category 1. Adverse impacts on humans or the environment? Substance ___________________

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; other)

1. Are there adverse effects on 

environment from manufacture, 

use, or disposal? 

[§205.600 b.2]

2. Is there environmental 

contamination during 

manufacture, use, misuse, or 

disposal? [§6518 m.3]

3. Is the substance harmful to 

the environment?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

4. Does the substance contain 

List 1, 2, or 3 inerts? 

[§6517 c (1)(B)(ii); 

205.601(m)2]

5. Is there potential for 

detrimental chemical interaction 

with other materials used?

[§6518 m.1]

6. Are there adverse biological 

and chemical interactions in 

agro-ecosystem? [§6518 m.5]

7. Are there detrimental 

physiological effects on soil 

organisms, crops, or livestock? 

[§6518 m.5]

8. Is there a toxic or other 

adverse action of the material or 

its breakdown products? 

[§6518 m.2]

9. Is there undesirable 

persistence or concentration of 

the material or breakdown 

products in environment?[§6518 

m.2]

10. Is there any harmful effect 

on human health? 

[§6517 c (1)(A)(i) ; 6517 

c(2)(A)I; §6518 m.4]

11. Is there an adverse effect on 

human health as defined by 

applicable Federal regulations? 

[205.600 b.3]

12. Is the substance GRAS 

when used according to FDA’s 

good manufacturing practices? 
National Organic Standards Board Policy Manual 30

[§205.600 b.5]

13. Does the substance contain 

residues of heavy metals or 

other contaminants in excess of 

FDA tolerances? [§205.600 b.5]

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) are N/A—not applicable.

Category 2. Is the Substance Essential for Organic Production? Substance _________________

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; other)

1. Is there a natural source of 

the substance? [§205.600 b.1]

2. Is there an organic 

substitute? [§205.600 b.1]

3. Is the substance essential 

for handling of organically 

produced agricultural 

products? [§205.600 b.6]

4. Is there a wholly natural 

substitute product? 

[§6517 c (1)(A)(ii)]

5. Is the substance used in 

handling, not synthetic, but not 

organically produced? 

[§6517 c (1)(B)(iii)]

6. Is there any alternative 

substances? [§6518 m.6]

7. Is there another practice 

that would make the substance 

unnecessary? [§6518 m.6]

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 

(b)are N/A—not applicable.
National Organic Standards Board Policy Manual 31

Category 3. Is the substance compatible with organic production practices? 

Substance ____________________

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; other)

1. Is the substance compatible 

with organic handling? 

[§205.600 b.2]

2. Is the substance consistent 

with organic farming and 

handling? [§6517 c (1)(A)(iii); 

6517 c (2)(A)(ii)]

3. Is the substance compatible 

with a system of sustainable 

agriculture? [§6518 m.7]

4. Is the nutritional quality of 

the food maintained with the 

substance? [§205.600 b.3]

5. Is the primary use as a 

preservative? [§205.600 b.4]

6. Is the primary use to 

recreate or improve flavors, 

colors, textures, or nutritive 

values lost in processing 

(except when required by law, 

e.g., vitamin D in milk)? 

[205.600 b.4]

7. Is the substance used in 

production, and does it contain 

an active synthetic ingredient 

in the following categories:

a. copper and sulfur 

compounds;

b. toxins derived from bacteria;

c. pheromones, soaps, 

horticultural oils, fish 

emulsions, treated seed, 

vitamins and minerals?

d. livestock parasiticides and 

medicines?

e. production aids including 

netting, tree wraps and seals, 

insect traps, sticky barriers, 

row covers, and equipment 

cleaners?

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) 

are N/A—not applicable.
National Organic Standards Board Policy Manual 32

NOSB GUIDANCE DOCUMENT ON COMPATIBILITY WITH A SYSTEM OF 

SUSTAINABLE AGRICULTURE AND CONSISTENCY WITH ORGANIC FARMING

AND HANDLING

In order to determine if a substance, its use, and manufacture are compatible with a 

system of sustainable agriculture and consistent with organic farming and handling, and 

in consideration of the NOSB Principles of Organic Production and Handling, the 

following factors are to be considered:

a) Does the substance promote plant and animal health by enhancing soil physical, 

chemical, or biological properties?

b) Does use of the substance encourage and enhance preventative techniques 

including cultural and biological methods for management of crop, livestock, 

and/or handling operations?

c) Is the substance made from renewable resources? If the source of the product is 

non-renewable, are the materials used to produce the substance recyclable? Is 

the substance produced from recycled materials? Does use of the substance 

increase the efficiency of resources used by organic farms, complement the use 

of natural biological controls, or reduce the total amount of materials released 

into the environment?

d) Does use of the substance have a positive influence on the health, natural 

behavior, and welfare of livestock? 

e) Does the substance satisfy expectations of organic consumers regarding the 

authenticity and integrity of organic products?

f) Does the substance allow for an increase in the long-term viability of organic 

farm operations? 

g) Is there evidence that the substance is mined, manufactured, or produced 

through reliance on child labor or violations of applicable national labor 

regulations?

h) If the substance is already on the National List, is the proposed use of the 

substance consistent with other listed uses of the substance? 

i) Is the use of the substance consistent with other substances historically allowed 

or disallowed in organic production and handling? 

j) Would approval of the substance be consistent with international organic 

regulations and guidelines, including Codex?

k) Is there adequate information about the substance to make a reasonable 

determination on the substance's compliance with each of the other applicable 

criteria? If adequate information has not been provided, does an abundance of 

caution warrant rejection of the substance? 

l) Does use of the substance have a positive impact on biodiversity?

Adopted April 29, 2004 - 13 yes, 0 no, 1 absent 
National Organic Standards Board Policy Manual 33

NOSB RECOMMENDED DECISION FORM

Form NOPLIST2. Full Board Transmittal to NOP

For NOSB Meeting: _____________________ Substance: ___________________________

A. Evaluation Criteria (Documentation attached; committee recommendation attached)

 Criteria Satisfied?

1. Impact on humans and environment Yes  No  (see B below)

2. Availability criteria Yes  No  (see B below)

3. Compatibility & consistency Yes  No  (see B below)

B. Substance fails criteria?

Criteria category: _________

Comments:

C. Proposed Annotation: ______________________________________

___________________________________________________________

Basis for annotation:

To meet criteria above: ____ Criteria: _______________

Other regulatory criteria: ____ Citation:_______________

D. Final Board Action & Vote: Motion by: ____________________ Second:____________________________

 

 Vote:

 

 Yes: _____

 

 No: _____

 Abstain: _____

 

1—substance voted to be added as “allowed” on National List

Annotation: ___________________________________________________________________

 ___________________________________________________________________

 2—substance to be added to “prohibited” paragraph of National List

Describe why a prohibited substance:_______________________________________________

_____________________________________________________________________________ 

 3—substance was rejected by vote for amending National List

Describe why material was rejected:________________________________________________

_____________________________________________________________________________

 4-substance was recommended to be deferred

Describe why deferred; if any follow-up is needed. If follow-up needed, who conducts followup._____________________________________________________________________

_____________________________________________________________________________

Agricultural Nonagricultural Crops

Synthetic Not synthetic Livestock

Allowed1 Prohibited2 Handling

No restriction Deferred4 Rejected3

E. Approved by NOSB Chair to transmit to NOP:

______________________________________ _________________________

 Dave Carter, NOSB Chair Date
National Organic Standards Board Policy Manual 34

F. NOP Action: Include in FR to amend National List: 

 Return to NOSB  Reason: ____________________________________________________________________

_____________________________________ _________________________

 Richard H. Mathews, Program Manager Date
National Organic Standards Board Policy Manual 35

NOSB COMMITTEE RECOMMENDATION FORM

Form NOPLIST1. Committee Transmittal to NOSB

For NOSB Meeting: _____________________ Substance: ___________________________

Committee: Crops  Livestock  Handling 

A. Evaluation Criteria (Documentation attached; committee recommendation attached)

 Criteria Satisfied?

4. Impact on humans and environment Yes  No  (see B below)

5. Availability criteria Yes  No  (see B below)

6. Compatibility & consistency Yes  No  (see B below)

B. Substance fails criteria?

Criteria category: _________

Comments:

C. Proposed Annotation: _________________________________________

______________________________________________________________

Basis for annotation:

To meet criteria above: ____ Criteria: _______________

Other regulatory criteria: ____ Citation:_______________

D. Recommended Committee Action & Vote: Motion by: __________________________ 

 Seconded:____________________________

 

 Vote:

 

 Yes: _____

 

 No: _____

 Abstain: _____

 

1—substance voted to be added as “allowed” on National List

Annotation: ___________________________________________________________________

 ___________________________________________________________________

 2—substance to be added to “prohibited” paragraph of National List 

Describe why a prohibited substance:_______________________________________________

_____________________________________________________________________________ 

 3—substance was rejected by vote for amending National List

Describe why material was rejected:________________________________________________

_____________________________________________________________________________

 4-substance was recommended to be deferred

Describe why deferred; if follow-up is needed. If follow-up needed, who will follow 

up_____________________________________________________________________

_____________________________________________________________________________

Agricultural Nonagricultural Crops

Synthetic Not synthetic Livestock

Allowed1 Prohibited2 Handling

No restriction Deferred4 Rejected3
National Organic Standards Board Policy Manual 36

E. Approved by Committee Chair to transmit to NOSB:

______________________________________ _________________________

 Committee Chair Date
National Organic Standards Board Policy Manual 37

PROCEDURES FOR THE MATERIALS REVIEW PROCESS FOR NOSB 

MEMBERS

1. Upon receipt of the TAP reviews each member should read the report prepared 

by the contractor, along with the submitted petition, additional information and 

recommendations of the contracted panel of experts.

2. Questions or clarification of the review may be answered by further review of the 

literature provided by the TAP contractor or by the Chair of the committee 

contacting the contractor directly. Questions regarding the process can be 

directed to the Chair of the Materials Committee.

3. The materials are either directed to the processing, crops or livestock 

committee(s) depending on the specified use(s) of the material as stated in the 

petition. NOSB members assigned to those committees shall conduct a 

thorough review of the material and vote on whether it is synthetic or 

nonsynthetic and if it should be allowed or prohibited for specific use as either a 

crop, livestock or processing material. Materials may be followed by an 

annotation which restricts their use. Recommended annotations applicable to 

the material must be voted on by committee. 

4. Committee draft recommendations will be submitted to the NOP at least thirty 

(30) days prior to the next NOSB meeting where the material will be considered.

5. The Chair of each committee will present the Board with the committee’s written 

votes and recommendations during the Materials Review process at the NOSB 

meeting. The recommendation should come in the form of a motion which must 

be seconded by an NOSB member to move forward. The process will follow 

Robert’s Rules of Order in which the Chair would open the motion for discussion. 

The Chair shall ask if any Board members have conflicts of interest. After 

discussion board members will vote on the motion. 

6. NOP staff will record the votes of the each NOSB member and announce 

whether or not the motion passed.

7. If the motion fails the Board Chair asks for a new motion and the procedure is 

repeated until a final motion is passed by a 2/3 majority. 
National Organic Standards Board Policy Manual 38

SUBSTANCE PETITION PROCESS

A NOTE FROM THE NATIONAL ORGANIC STANDARDS BOARD

The NOSB is aware of a number of substances presently used in organic production, 

handling and processing that have not been petitioned for inclusion on the National List 

of Approved and Prohibited Substances. As a result, the Board anticipates receiving a 

large number of materials petitions over the next 12 to 18 months. Since the 

accompanying Technical Advisory Panel reviews cannot be completed simultaneously, 

the NOSB has established the following draft criteria for prioritizing the order in which 

the substances are reviewed. These draft criteria are being made available to the public 

for feedback and informal comment to ensure a smooth and timely material review 

process.

General Petition Guidelines

Any petition to reconsider a material would automatically go to the bottom of the list 

unless the petition was for removal of the substance from the List.

Any petition to remove a material presently on the list would be examined and moved to 

the top of the list if the NOSB concluded that the issue raised serious health or 

regulatory concerns.

In prioritizing substance petitions the NOSB will consider the following criteria:

 Versatility Is the substance used in a wide range of 

products and/or by a number of users?

 Proportionality Is the substance selected from livestock, crops 

and processing in relationship to the numbers 

of materials petitioned and awaiting action, 

with some emphasis on livestock medications 

to prevent animal suffering?

 Acceptance Is the substance acceptable in international 

trade?
National Organic Standards Board Policy Manual 39

Background

The NOSB carefully considered the "essentiality" criterion for end users. In the course 

of its discussions, the Board became concerned that such a criterion is too subjective to 

be useful for prioritizing materials prior to a TAP review. It is the belief of the NOSB that 

"versatility" captures the critical aspects of "essentiality.”

How To Comment:

This is an informal comment process sponsored by the NOSB. Please mark all 

comments "Petition Process.” The comment period will close November 4, 2000. 

Comments may be submitted electronically and by mail or by fax as follows:

Electronically: bob.pooler@usda.gov

By Mail: National Organic Standards Board

C/O Bob Pooler

Agricultural Marketing Specialist

USDA/AMS/TM/NOP

Room4008-S, Ag Stop 0268

1400 Independence Avenue, S.W.

Washington, D.C. 20250–0200

By Fax: (202) 205-7808
National Organic Standards Board Policy Manual 40

SECTION VII

MISCELLANEOUS POLICIES

NOSB policy for presenters invited by committees

1. Need for presentation established within the appropriate committee by the 

committee chairperson.

2. NOSB Chairperson must receive notice 45 days prior to meeting. Exceptions are 

at the discretion of the NOSB Chairperson.

3. Presenter(s) must be invited by committee chair and/or NOSB chair and 

approved by the NOSB Chairperson.

4. Reason(s) for presentation, subject area and bio/resume of presenter(s) to be 

circulated via email to entire board at least 2 weeks prior to meeting.

5. Invited presenter(s) must provide objective information.

6. Presenter(s) cannot be a petitioner on the topic under discussion.

7. Presenter(s) must disclose any actual or perceived conflict of interest including 

information concerning who provided funding for the presentation. 

 Adopted June 7, 2001

NOSB policy for surveys conducted on behalf of NOSB committees

1. All written surveys, including electronic surveys, that go out in the name of any 

NOSB Committee, must be approved by the NOSB Executive Committee before 

they are sent out; and 

2. A written report summarizing the results of the survey must be submitted to the 

full board and the NOP as soon as possible after completion.

Adopted October 19, 2002

NOSB policy for public comment at NOSB meetings

1. All persons wishing to comment at NOSB meetings during public comment 

periods must sign up in advance.

2. Persons will be called upon to speak in the order they signed up.
National Organic Standards Board Policy Manual 41

3. Unless otherwise indicated by the chair, each person will be given 5 minutes to 

speak.

4. Persons must give their names and affiliations for the record.

5. A person may submit a written proxy to the NOP or NOSB requesting that 

another person speak on his or her behalf.

6. No person will be allowed to speak during the public comment period for more 

than 10 minutes. 

Adopted October 19, 2002
National Organic Standards Board Policy Manual 42

NOSB PRINCIPLES OF ORGANIC PRODUCTION AND HANDLING

Adopted October 17, 2001

1.1 Organic agriculture is an ecological production management system that 

promotes and enhances biodiversity, biological cycles, and soil biological activity. 

It emphasizes the use of management practices in preference to the use of offfarm inputs, taking into account that regional conditions require locally adapted 

systems. These goals are met, where possible, through the use of cultural, 

biological, and mechanical methods, as opposed to using synthetic materials to 

fulfill specific functions within the system.

1.2 An organic production system is designed to:

1.2.1 Optimize soil biological activity; 

1.2.2 Maintain long-term fertility;

1.2.3 Minimize soil erosion;

1.2.4 Maintain or enhance the genetic and biological diversity of the production system 

and its surroundings;

1.2.5 Utilize production methods and breeds or varieties that are well adapted to the 

region;

1.2.6 Recycle materials of plant and animal origin in order to return nutrients to the 

land, thus minimizing the use of non-renewable resources; 

1.2.7 Minimize pollution of soil, water, and air; and 

1.2.8 Become established on an existing farm or field through a period of conversion 

(transition), during which no prohibited materials are applied and an organic plan 

is implemented.

1.3 The basis for organic livestock production is the development of a harmonious 

relationship between land, plants, and livestock, and respect for the physiological 

and behavioral needs of livestock. This is achieved by:

1.3.1 Providing good quality organically grown feed;

1.3.2 Maintaining appropriate stocking rates;

1.3.3 Designing husbandry systems adapted to the species' needs;

1.3.4 Promoting animal health and welfare while minimizing stress; and

1.3.5 Avoiding the routine use of chemical allopathic veterinary drugs, including 

antibiotics.

1.4 Organic handling practices are based on the following principles:

1.4.1 Organic processors and handlers implement organic good manufacturing and 

handling practices in order to maintain the integrity and quality of organic 

products through all stages of processing, handling, transport, and storage; 

1.4.2 Organic products are not commingled with non-organic products, except when 

combining organic and non-organic ingredients in finished products which 

contain less than 100% organic ingredients;

1.4.3 Organic products and packaging materials used for organic products do not 

come in contact with prohibited materials; 

1.4.4 Proper records, including accurate audit trails, are kept to verify that the integrity 

of organic products is maintained; and
National Organic Standards Board Policy Manual 43

1.4.5 Organic processors and handlers use practices that minimize environmental 

degradation and consumption of non-renewable resources. Efforts are made to 

reduce packaging; use recycled materials; use cultural and biological pest 

management strategies; and minimize solid, liquid, and airborne emissions. 

1.5 Organic production and handling systems strive to achieve agro-ecosystems that 

are ecologically, socially, and economically sustainable.

1.6 Organic products are defined by specific production and handling standards that 

are intrinsic to the identification and labeling of such products.

1.7 Organic standards require that each certified operator must complete, and submit 

for approval by a certifying agent, an organic plan detailing the management of 

the organic crop, livestock, wild harvest, processing, or handling system. The 

organic plan outlines the management practices and inputs that will be used by 

the operation to comply with organic standards.

1.8 Organic certification is a regulatory system which allows consumers to identify 

and reward operators who meet organic standards. It allows consumers to be 

confident that organic products are produced according to approved 

management plans in accordance with organic standards. Certification requires 

informed effort on the part of producers and handlers, and careful vigilance with 

consistent, transparent decision making on the part of certifying agents.

1.9 Organic production and handling operations must comply with all applicable 

local, state, and federal laws and address food safety concerns adequately.

1.10 Organic certification, production, and handling systems serve to educate 

consumers regarding the source, quality, and content of organic foods and 

products. Product labels must be truthful regarding product names, claims, and 

content. 

1.11 Genetic engineering (recombinant dna technology) is a synthetic process 

designed to control nature at the molecular level, with the potential for 

unforeseen consequences. As such, it is not compatible with the principles of 

organic agriculture (either production or handling). Genetically 

engineered/modified organisms (geo/gmo’s) and products produced by or

through the use of genetic engineering are prohibited.

1.12 Although organic standards prohibit the use of certain materials such as synthetic 

fertilizers, pesticides, and genetically engineered organisms, they cannot ensure 

that organic products are completely free of residues due to background levels in 

the environment.
National Organic Standards Board Policy Manual 44

DECISION MAKING PROCEDURES FOR THE NOP

1. Define the Problem

a. What is the problem?

b. Identify where we are now.

i. State the present condition in no more than two 

sentences. 

c. Identify where we want to be.

i. State the future objective in no more than two sentences.

2. Analyze the Problem

a. Why is there a problem?

b. Is the evidence of the problem supported by credible and compelling facts or 

data?

i. What are the facts or data used to draw an affirmative conclusion? 

c. Who does this problem affect?

d. What is the problem's effect?

e. In what time frame must the problem be resolved?

f. If the problem deserves immediate attention, what other priorities must be 

adjusted to accommodate this problem?

g. If the problem deserves immediate attention, what are the consequences of a 

delay?

3. Develop Possible Solutions

a. Propose ideas for possible solutions

b. Evaluate ideas for possible solutions

i. List pros for each possible solution

ii. List cons for each possible solution

c. Select a Solution

i. Is the recommended solution legal?

ii. Is the recommended solution practical?

iii. Is the recommended solution supported by credible and compelling 

facts or data?

1. What are the facts or data used to draw an affirmative conclusion?

iv. How does the recommended solution solve the problem?

v. How does the recommended solution meet the time frame identified in 2(b)?

d. Review recommended solution for unintended consequences.

4. Develop Action Plan

a. Develop Action Steps

i. Identify action steps to bridge the gap between present condition and 

future objective using the recommended solution.

b. Approve Action Plan

c. Implement Action Plan

Final - 5/9/2003
National Organic Standards Board Policy Manual 45

FACA FACTS

1. The Federal Advisory Committee Act (FACA) (5 U.S.C. App.2) and its 

implementing regulations (41 CFR Part 101-6.10) govern the creation, operation, 

and termination of advisory committees in the Executive Branch of the Federal 

Government. The National Organic Standards Board (NOSB) is a Department of 

Agriculture (USDA) non-discretionary advisory committee required by the 

Organic Foods Production Act of 1990, as amended.

2. Advisory committees must be chartered before they can meet or conduct any 

business. Charters must be renewed every two years or they will be terminated 

under the sunset provisions of Section 14 of the FACA, unless otherwise 

provided by law.

3. Advisory committee meetings are required to be open to the public, with limited 

exceptions as provided for in Section 552b of title 5, United States Code. 

Meetings not subject to FACA include NOSB briefing meetings initiated by USDA 

to exchange facts and information, such as member orientation, and NOSB 

committee meetings. Such meetings are not subject to FACA because they are 

not conducted for the purpose of providing the USDA with NOSB advice or 

recommendations.

4. Designated Federal Officials must approve all meetings and agendas, and attend 

meetings. The NOP program manager is the NOSB’s Designated Federal 

Official. 

5. Meeting notices and agendas must be published in the Federal Register to 

accommodate public participation. It is the goal of the NOP to:

a. Post a provisional agenda, on its web site, no later than 60 days 

before the meeting is scheduled to begin,

b. Post a final agenda, on its web site, no later than 45 days before 

the meeting is scheduled to begin, and

c. Publish notice of the meeting in the Federal Register no later than 

30 days before the meeting is scheduled to begin.

6. Detailed minutes will be kept and must contain:

a. Date and location of the meeting,

b. A record of the persons present,
National Organic Standards Board Policy Manual 46

c. A complete and accurate description of matters discussed and 

conclusions reached, and

d. Any advice or recommendations provided by the committee.

7. Advisory committee documents must be available for public inspection and 

copying until the committee ceases to exist.

8. Interested persons shall be permitted to attend, appear before, or file statements 

with any advisory committee, subject to reasonable rules or regulations.

9. Additional information may be found at the FACA homepage - 

 http://policyworks.gov/org/main/mc

DUTIES OF THE DESIGNATED FEDERAL OFFICER

The Designated Federal Officer assigned to the National Organic Standards Board and 

its committees, under the Federal Advisory Committee Act (U.S.C. App.2) and its 

implementing regulations (41 CFR Part 101-6.10), is the National Organic Program’s 

Program Manager. The Program Manager:

3. Must approve or call the meeting of the NOSB;

4. Must approve the agenda;

5. Must attend the meetings;

6. Shall adjourn the meetings when such adjournment is in the public interest; and

7. Chairs the meeting when directed by the Secretary of Agriculture or the 

Secretary’s designee.
National Organic Standards Board Policy Manual 47

PARLIAMENTARY PROCEDURE AT A GLANCE

TO DO THIS YOU SAY THIS May you 

interrupt 

speaker? 

Must you 

be 

seconded? 

Is the 

motion 

debatable? 

Vote 

required 

Adjourn the meeting I move that we 

adjourn 

no yes no majority 

Recess the meeting I move that we 

recess until... 

no yes no majority 

Complain about noise, room 

temperature, etc. 

Question of 

privilege 

yes no no no vote 

Suspend further consideration of 

something 

I move that the 

motion be laid on 

the table 

no yes no majority 

End debate I move the previous 

question 

no yes no 2/3 vote 

Postpone consideration of something I move we post 

pone this matter 

until... 

no yes yes majority 

Have something studied further I move to refer the 

motion to the 

committee 

no yes yes majority 

Amend a motion I move to amend... no yes yes majority 

Introduce business (a primary motion) I move that... no yes yes majority 

Object to procedure or to a personal 

affront 

Point of order yes no no chair 

decides 

Request information Point of information yes no no no vote 

Ask for a vote by actual count to verify 

a voice vote 

I call for a division no no no no vote 

Object to the consideration of some 

undiplomatic matter

I object to the 

consideration of the 

question 

yes no no 2/3 vote 

Take up a matter previously tabled I move to take from 

the table 

no yes no majority 

Reconsider something already 

disposed of 

I move to 

reconsider... 

yes yes yes majority 

Consider something vote out of its 

scheduled order 

I move we suspend 

the rules and 

consider... 

no yes no 2/3 vote 

Vote on a ruling by the chair I appeal the 

decision of the 

chair 

yes yes yes majority