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NOP 5027-1 Response to Comments on Kelp Rev02 09 05 18 Authorized Distribution: Public

Response to Comments

The Use of Kelp in Organic Livestock Feed

Links Update: September 5, 2018

This document summarizes comments received on the draft guidance document, “The Use of 

Kelp in Organic Livestock Feed (NOP 5027)”, which was posted on the NOP website for public 

comment. The public was notified in a Federal Register notice (76 FR 34180) on January 13, 

2012.

• CHANGES MADE IN RESPONSE TO COMMENTS

1) Description of Wild Harvested Organic Kelp. Commenters proposed a broader description 

of wild harvested kelp in the background portion of the guidance on the basis that more 

complete scientific information is available. In response, the National Organic Program 

(NOP) has expanded the description of kelp to include both intertidal and deeper ocean 

waters throughout the Northern and Southern Hemispheres.

Most commenters expressed support for kelp’s classification as an agricultural product based 

upon its inclusion on the National List of Allowed and Prohibited Substances (National List) 

at 7 CFR § 205.606. These commenters proposed that the NOP discontinue references in 

policy documents about the debate over the agricultural status of kelp. In response, the NOP 

has withdrawn from the final guidance the statement that those who object to kelp’s 

classification as an agricultural product may petition for kelp’s removal from § 205.606.

2) Phase-in Period for the Requirement of Organic Kelp in Organic Livestock Feed. 

Almost all commenters addressed the phase-in period proposed in the draft guidance. The 

draft guidance proposed a 24 month phase-in period before kelp used in livestock feed must 

be certified organic. Many commenters supported the proposed 24 month phase-in. 

Commenters stated that the 24 month phase-in period was needed to allow kelp producers 

adequate time to obtain certification and for producers who use kelp to update organic system 

plans (OSP) and locate sources of certified organic kelp. None of the commenters stated that 

the supply of organic kelp is insufficient for the organic livestock industry’s needs; therefore, 

the NOP anticipates that locating sources for certified organic kelp should be fairly 

straightforward.

Commenters already certified to produce organic kelp or those currently requiring its use by 

organic livestock producers supported immediate implementation of the requirement to use 

certified organic kelp in livestock feed. These commenters argued that supplies of organic 

kelp are commercially available and can be increased rapidly in response to any increased 

demand, based upon the nature of certified organic wild crop harvesting.

Other commenters expressed strong support for a 12-month phase-in. These commenters 

acknowledged that the past inconsistencies surrounding the use of kelp in organic livestock 
United States Department of Agriculture 1400 Independence Avenue S.W. NOP 5027-1

Agricultural Marketing Service Room 2646-South Building Page 2 of 2

National Organic Program Washington, DC 20250

NOP 5027-1 Response to Comments on Kelp Rev02 09 05 18 Authorized Distribution: Public

feed had persisted due to the lack of guidance regarding the certification of kelp as a wild 

crop and the confusion regarding kelp’s agricultural status. They noted that these areas were 

clarified by the May 9, 2011, publication of Final Guidance 5022 – Wild Crop Harvesting 

and the clarification of kelp as an agricultural product in the draft guidance. These 

commenters expressed confidence that 12 months would be sufficient for kelp producers not 

yet certified to obtain organic certification for wild crop harvesting. This phase-in would 

also be sufficient for producers to use up current supplies of non-certified kelp in livestock 

feed and locate sources of certified organic kelp.

The NOP agrees with the justifications supporting the 12 month phase-in period, particularly 

because a sufficient supply of organic kelp was not questioned by any of the commenters. 

Additionally, a one year period is considered adequate for organic livestock producers to 

make updates to their Organic Systems Plans and for kelp harvesters to obtain organic 

certification for wild crop harvests. This change from a 24 month phase-in to a 12 month 

phase-in period is reflected in the final guidance.

• CHANGES REQUESTED BUT NOT MADE

1) Training for Certification of Kelp as a Wild Crop. One commenter stated that the wild 

crop guidance does not provide sufficient information on how to verify compliance of kelp as 

an organic wild crop in a designated area of the ocean. The commenter requested that the 

NOP offer additional training on the specifics for accredited certifying agents. The NOP 

recommends that certifiers review of Notice 11-7 Final Guidance & Response to Comments 

05 06 11 which was issued in conjunction with the publication of NOP 5022 – Wild Crop 

Harvesting. This notice clarified the inspection requirements for wild crop certification. The 

NOP also notes that additional training for certifying agents on the topic of wild crop 

harvesting will be considered in the future.

2) Removal of Kelp from § 205.606. One commenter stated firm opposition to the listing of

kelp on § 205.606 as the organization believes that kelp is a product of aquaculture and 

should not be considered agricultural. The NOP reiterates that kelp was added to the 

National List through a 1995 recommendation of the National Organic Standards Board 

(NOSB), and has remained on § 205.606 through multiple sunset reviews. The NOP notes 

that substances on the National List can be removed by a NOSB recommendation through the 

petition process or sunset review process.