Updated June 17, 2010

Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: December 02, 2011

Subject: Policy Development Committee Recommendations on NOSB

 Committee Transparency

Chair: Tracy Miedema 

 

The NOSB hereby makes a determination.

Rulemaking Action [select one]

Guidance Statement

Other X

Statement of the Recommendation (Including Recount of Vote): 

This recommendation revises Section III of the Policy and Procedures 

Manual; Role of the Executive Director is amended. The most significant 

change is the impact on committee meeting minutes to always capture the 

discussion and diversity of opinions with the intention that the contents remain

useful to the NOSB, public, and stakeholders. 

This recommendation revises Section III of the Policy and Procedures 

Manual; Role of the Executive Director is amended. 

The Executive Director and NOSB are encouraged to support visibility, openness, 

and transparency with documents: The recommendation creates ease of 

accessibility to organic program records and materials.

Rational Supporting Recommendation (including consistency with OFPA 

and NOP):

A number of stakeholders in the organic community have recently requested more 

visibility and transparency of National Organic Program (NOP), National Organic 

Standards Board (NOSB) meetings and actions. The NOSB committee meetings 

are subject to Freedom of Information Act (FOIA) and the Federal Advisory 

Committee Act (FACA). 

These recommendations are consistent with OFPA and NOP.OFPA provides 

authority for the NOSB.

Section III (pg 12) Role of the Executive Director is amended to include the 

following language:

Arrange, facilitate, and document in the form of written minutes the NOSB 

Committee conference calls necessary to achieve the most efficient workings of 

the Board. Minutes are distributed to committees for confirmation of accuracy and 
Updated June 17, 2010

approval. Committee minutes must fully capture the discussion, reflect the 

diversity of opinions expressed during meetings in order that transparency exist 

and content remain useful for committee members, board members and our 

stakeholder public.

Section III (pg 13) Role of the Executive Director is amended to include the following 

language:

Maintain executive committee meeting minutes and committee meeting minutes, 

committee records, reports, transcripts, appendices, working papers, drafts, 

studies, agendas and other documents which were made available to or prepared 

for or by the NOSB or its committees, and make such documents available for 

public inspection and copying at the Agency, electronically via the World Wide 

Web; and/or, upon written request in printed form. 

NOSB Vote:

Moved: Barry Flamm Second: Colehour Bondera

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0
National Organic Standards Board

Policy Development Committee

Final Recommendation

Committee Transparency

December 2, 2011

Introduction

A number of stakeholders in the organic community have recently requested more visibility and 

transparency of National Organic Program (NOP), National Organic Standards Board (NOSB) 

meetings and actions. We recognize that the public availability of these records is critical to the 

meaningful engagement of the full organic community in public decision-making. The purpose 

of transparency is to create accessibility to organic program records and materials- including 

minutes of committee meetings associated with the NOP and NOSB activities. Enhanced 

public awareness of how NOSB decisions are made would enhance collaboration between the 

organic community and the Board. 

Background

The 1967 Freedom of Information Act (FOIA) establishes the public’s right to obtain 

information from federal government agencies and allows for openness and disclosure of 

information to the public. The FOIA requires that the activities of government be accountable 

and transparent. 

Relevant areas in the Rule

The Section 10(b) of the Federal Advisory Committee Act (FACA), as, (Public Law 92-463, 5 

U.S.C. App.) provides that, "Subject to section 552 of title 5, United States Code, the records, 

reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other 

documents which were made available to or prepared for or by each advisory committee shall 

be available for public inspection and copying at a single location in the offices of the advisory 

committee or the agency to which the advisory committee reports until the advisory committee 

ceases to exist.

Discussion

The purpose of section 10(b) is to provide for the contemporaneous availability of advisory 

committee records that, when taken in conjunction with the ability to attend committee 

meetings, provide a meaningful opportunity to fully comprehend the work undertaken by the 

committee. 

Recommendations

Section III (pg 12) Role of the Executive Director is amended to include the following 

language:

Arrange, facilitate, and document in the form of written minutes the NOSB Committee 

conference calls necessary to achieve the most efficient workings of the Board. Minutes are 

distributed to committees for confirmation of accuracy and approval. Committee minutes must 

fully capture the discussion, reflect the diversity of opinions expressed during meetings in order 

that transparency exist and content remain useful for committee members, board members 

and our stakeholder public.
Policy & Procedures Manual Section V: 

Procedures for Completing Committee Recommendations

December 2, 2011

Page 2 of 2

Section III (pg 13) Role of the Executive Director is amended to include the following language:

Maintain executive committee meeting minutes and committee meeting minutes, committee 

records, reports, transcripts, appendices, working papers, drafts, studies, agendas and other 

documents which were made available to or prepared for or by the NOSB or its committees, 

and make such documents available for public inspection and copying at the Agency, 

electronically via the World Wide Web; and/or, upon written request in printed form. 

Board Vote

The motion is to approve the recommendations as stated.

Motion by: Barry Flamm Second: Colehour Bondera

Yes: 14 No: 0 Absent: 0 Abstain: 0 Recuse: 0