Formal Recommendation 

From: National Organic Standards Board (NOSB)

To: the National Organic Program (NOP)

Date: April 26, 2019

Subject: Strengthening the Organic Seed Guidance April 2019

NOSB Chair: Harriet Behar

The NOSB hereby recommends to the NOP the following:

Guidance: X

Statement of the Recommendation: 

This recommendation provides the NOP with suggestions for improvement to the NOP 

guidance 5029, which addresses implementation of §205.204(a) “The producer must use 

organically grown seeds, seedlings and planting stock”. The barriers to use of organic seed 

have changed over time, and the NOSB provides this guidance recommendation to improve the 

implementation of this rule. Growers, certifiers, seed suppliers and other members of the 

organic community weighed in on numerous drafts over the past 5 years, with this version 

incorporating many of the public comments received. There was general acceptance that this 

version offered both incentives and practical language to aid producers and certifiers in 

overseeing and encouraging the use of organic seed.

Rationale Supporting Recommendation (including consistency with OFPA and Organic 

Regulations): 

This recommendation has numerous improvements to the current guidance, and clearly 

supplies improved guidance language for the NOP to consider in many areas. The suggested 

improvement to 4.1.6 which discusses the use of non-organic planting stock to produce organic 

crops and addresses the sale of an organic crop from that planting stock, does not belong in the 

guidance document, but addresses an issue that needs attention in the regulation. As the rule 

currently states, planting stock brought onto an organic farm must be managed organically for a 

year before being sold as organic planting stock. However, a vegetative crop sold from that 

planting stock, can be sold immediately from that nonorganic planting stock, with no wait 

period after arriving onto an organic farm. This is an area the NOSB crop subcommittee may 

ask as a work agenda item for rule change.

NOSB Vote: 

Motion to accept the proposed changes to the National Organic Program Guidance 5029 as 

described below

Motion by: Harriet Behar 

Seconded by: Asa Bradman

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

 

Motion Passed
National Organic Standards Board 

Crops Subcommittee Proposal

Strengthening the Organic Seed Guidance April 2019 

February 19, 2019

Introduction and Background

The planting of organic seed/planting stock is required under the USDA organic regulations, unless these 

items are not commercially available. While there has been some growth in the availability and use of 

organic seed, progress towards reaching a goal of 100% organic seed and planting stock has been slow. 

The NOSB provided recommendations to the NOP in 2005 and 2008 focused upon increasing the use of 

organic seed. The NOP has addressed this issue with draft and final guidance in 2011 and 2013,

respectively.

Organic seed/planting stock breeders work closely with organic producers to build in varietal 

characteristics that address regional organic production system challenges. Organic seed breeders focus 

on specific traits that provide consistent yields of high-quality crops that meet the unique needs of the 

organic marketplace. The use of organic seed can aid in the protection and expansion of genetic 

resources as well as offer additional economic opportunities for farmers and seed breeders/sellers.

Continued growth of organic seed and planting stock availability will build a resilient future through 

continued development of varieties and cultivars focused on the needs of organic producers and the 

organic market.

The goal of the NOSB is to achieve full compliance with §205.204(a) “The producer must use organically 

grown seeds, seedlings and planting stock”. It is understood that the organic seed/planting stock 

industry is not currently robust enough to meet every organic grower’s needs, however, there is also 

some concern that the allowance to not use organic seed if not “commercially available”, leads some 

producers to seek out nonorganic seed/planting stock due to lower price, unfamiliarity with organic 

varieties, social or cultural pressures and more. The availability of organic planting stock is growing even 

slower than the availability of organic seed, and offers a great opportunity to perennial crop breeders, 

as the market becomes more robust. This proposal seeks to address the barriers to adoption of organic

seed/planting stock use and to aid the NOP to set a path to increased organic use in the coming years, 

through improved guidance.

This NOSB proposal lists improvements to the practices listed within the current NOP guidance 5029. 

These practices are requested of both certified entities and their certification agencies, and were 

developed to result in more uniform compliance to §205.204(a). The implementation of these practices 

is not anticipated to have negative economic impact on the operations, other than a few additional farm 

activities and increased documentation that would need to be maintained.

Relevant Areas of the Rule and Guidance

From the NOP Rule:

§205.2 Terms defined

Commercial availability. The ability to obtain a production input in an appropriate form, 

quality, or quantity to fulfill an essential function in a system of organic production or handling, as 

determined by the certifying agent in the course of reviewing the organic plan.
Excluded methods. A variety of methods used to genetically modify organisms or influence 

their growth and development by means that are not possible under natural conditions or 

processes and are not considered compatible with organic production. Such methods include cell 

fusion, microencapsulation and macroencapsulation, and recombinant DNA technology (including 

gene deletion, gene doubling, introducing a foreign gene, and changing the positions of genes 

when achieved by recombinant DNA technology). Such methods do not include the use of 

traditional breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue 

culture.

Planting stock. Any plant or plant tissue other than annual seedlings but including rhizomes, 

shoots, leaf or stem cuttings, roots, or tubers, used in plant production or propagation.

Practice standard. The guidelines and requirements through which a production or handling 

operation implements a required component of its production or handling organic system plan. A 

practice standard includes a series of allowed and prohibited actions, materials, and conditions to 

establish a minimum level performance for planning, conducting, and maintaining a function, such 

as livestock health care or facility pest management, essential to an organic operation.

§205.201 Organic production and handling system plan.

(a) The producer or handler of a production or handling operation, except as exempt or 

excluded under §205.101, intending to sell, label, or represent agricultural products as “100 

percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must 

develop an organic production or handling system plan that is agreed to by the producer or 

handler and an accredited certifying agent. An organic system plan must meet the requirements 

set forth in this section for organic production or handling. An organic production or handling 

system plan must include:

.....

(5) A description of the management practices and physical barriers established to prevent 

commingling of organic and nonorganic products on a split operation and to prevent contact of 

organic production and handling operations and products with prohibited substances; and

(6) Additional information deemed necessary by the certifying agent to evaluate compliance with 

the regulations.

§205.204 Seeds and planting stock practice standard.

(a) The producer must use organically grown seeds, annual seedlings, andplanting 

stock: Except, That,

(1) Nonorganically produced, untreated seeds and planting stock may be used to produce an 

organic crop when an equivalent organically produced variety is not commercially

available: Except, That, organically produced seed must be used for the production of edible 

sprouts;

Excerpts from the Guidance on Seeds, Annual Seedlings, and Planting Stock in Organic Crop 

Production published March 4, 2013 (NOP 5029).

4. Policy

Producers should develop and follow procedures for procuring organic seeds, annual seedlings, 

and planting stock and maintain adequate records as evidence of these practices in their organic
system plan (OSP).

4.1 Sourcing of Seeds, Annual Seedlings, and Planting Stock

4.1.1 Certified operations must use organic seed, annual seedlings, and planting stock in accordance 

with the requirements at § 205.204.

4.1.2 Certified operations may use non-organic seed and planting stock only if equivalent organically 

produced varieties of organic seeds and planting stock are not commercially available.

a. Commercial availability is defined at § 205.2 and refers to the ability to obtain a production input, 

in this case seed or planting stock, in an appropriate form, quality, or quantity to fulfill an essential 

function in organic production. For the purposes of this exception, an “equivalent variety” is a 

variety of the same “type” (e.g. head lettuce types versus leaf lettuce types) or has similar 

agronomic or marketing characteristics needed to meet site-specific requirements for an operation. 

These characteristics may include, but are not limited to: number of days until harvest; color, 

flavor, moisture, chemical, or nutrient profiles of the variety of the harvested crop; vigor or yield of 

harvested crop; regional adaptation, disease and pest resistance, or the plant’s utility in a crop 

rotation.

b. Price cannot be a consideration for determination of commercial availability.

4.1.3 The following considerations could be acceptable to justify use of non-organic seeds and planting 

stock as not commercially available. These considerations must be described by the operation in their 

organic system plan (OSP), pursuant to § 205.201(a)(2), and approved by the certifying agent.

a. Form Considerations: Examples of forms may include, but are not limited to, treated or non-treated 

seeds or planting stock, use of pelleted seed, or use of bare root nursery stock or containerplants.

b. Quality Considerations: Examples may include, but are not limited to, germination rate of the seed; 

presence of weed seeds in the seed mix; shelf life and stability of the seeds; and disease and pest 

resistance.

c. Quantity Considerations: Producers may provide evidence that quantities are not available in 

sufficiently large or small amounts given the scale of the operation.

4.1.4 For certified operations producing edible sprouts, there is no exception to the requirement to use 

organic seed, as stated at § 205.204(a)(1).

4.1.5 Certified operations may use non-organic annual seedlings to produce an organic crop only when a 

temporary variance has been granted by the AMS Administrator in accordance with § 205.290(a)(2) due 

to an extreme weather event or business disruption beyond the control of the producer (§ 

205.204(a)(3)).

4.1.6 Use of non-organic planting stock to produce organic crops is subject to commercial availability as 

per § 205.204(a)(1). If planting stock is from a non-organic source and is used to produce perennial 

crops, then that planting stock may be sold, labeled or represented as organic planting stock after 12 

months of organic management (§ 205.204(a)(4)).
4.2 Recordkeeping for Organic Producers

4.2.1 The following records should be maintained by organic producers:

a. A list of all seed and planting stock, indicating any non-organic seeds or stock used, and the 

justification for their use including lack of equivalent variety, form, quality or quantity considerations. 

Records describing on-farm trials of organic seed and planting stock can be used to demonstrate lack of 

equivalent varieties for site specific conditions.

b. The search and procurement methods used to source organic seed and planting stock varieties, 

including:

1. Evidence of efforts made to source organic seed, including documentation of contact with three 

or more seed or planting stock sources to ascertain the availability of equivalent organic seed or 

planting stock. Sources should include companies that offer organic seeds and plantingstock.

2. Records may include, but are not limited to: letters, faxes, email correspondence, and phone 

logs from seed suppliers and companies; seed catalogs; searches of organic seed databases; 

receipts; receiving documents, invoices, and inventory control documents.

4.4 Role of Certifying Agents

4.4.1 Certifying agents must verify the procedures that certified operations utilize to obtain and plant 

organic varieties suitable for their operations as part of their annual review of theOSP.

4.4.2 Certifying agents must review substances and inputs used to treat seeds and planting stock for 

compliance with the USDA organic regulations.

4.4.3 Certifying agents shall verify the commercial availability requirements on an annual basis, in their 

review of the OSP, pursuant to § 205.402(a)(1).

4.4.4 Certifying agents should review an operation’s progress in obtaining organic seeds, planting stock 

and transplants by comparing current source information to previous years.

DISCUSSION

In October 2018, the NOSB passed the following recommendation, in bold below, as an addition to the 

change to the organic regulation. Public comment was almost unanimous in favor of this regulatory 

improvement.

(a) The producer must use organically grown seeds, annual seedlings, andplanting 

stock: Except, That,

(1) Nonorganically produced, untreated seeds and planting stock may be used to producean 

organic crop when an equivalent organically produced variety is not commercially

available: Except, That, organically produced seed must be used for the production of edible sprouts;

(i) Improvement in searching, sourcing and use of organic seed must be demonstrated every 

year with the goal of using only organic seed and planting stock.
These improvements to NOP 5029 guidance are covered in this proposal:

2. Changes to NOP 5029 Guidance

The Guidance for Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production should be 

amended as follows, the bold/italic are the recommendations and will be repeated again as a clean 

document at the end of this proposal. The areas struck out are language that has been changed from 

either the current NOP 5029 guidance, or from a previous proposal.

4.1 Sourcing of Seeds

No changes to 4.1.1.

4.1.2 Certified operations may use non-organic seed and planting stock only if equivalent organicallyproduced varieties of organic seeds and planting stock are not commercially available, and the 

conventional replacement variety can be documented as being produced without the use of excluded 

methods.

Public Comment and Subcommittee Response:

In the fall 2018 proposal, the phrase in bold above was removed since public comment stated this is 

currently required by certifiers. Further public comment stated it should remain, and the crops 

subcommittee agrees. There are over 80 accredited certifiers and in order to encourage consistency, 

including this phrase is no hardship for certifiers and operators already providing this documentation 

This statement provides clear guidance to all NOP certifiers, both foreign and domestic, that providing 

this proof is needed when nonorganic seed is planted of a type that has a GMO equivalent. The bold 

addition above will remain as part of this proposal.

No changes to 4.1.2a 

No changes to 4.1.2b

4.1.2(c) On-farm variety trials of organic seed/planting stock may be used by producers to evaluate 

and document organic variety/cultivar equivalency to the nonorganic item in use. Horticultural 

crops, which may have specific flavor profiles, size, color or other characteristics, can also be shown to

not have an equivalent organic variety through descriptions provided in seed/planting stock catalogs

or websites. If trials are not performed, the producer can use catalog or website seed descriptions, to 

document there are no organic seeds that have equivalent characteristics to the nonorganic seed in 

use.

Public Comment and Subcommittee Response:

This is an addition to the current NOSB 5029 guidance and is included based upon public comment. 

Performing trials on organic seed helps an operator determine if the organic seeds are “equivalent” to 

the nonorganic seed that they are currently using. Many organic seeds, especially in the commodity 

crop sector, are different variety numbers, bred by organic seed breeders and sold by organic seed 

companies. These organic seed varieties may not be familiar to the organic grower, and operators are 

typically reticent to plant large acreages of seeds they do not know to be acceptable for their soil type, 

climate, and growing systems. Use of seed characteristic descriptions in catalogs or on websites can also 

be used to illustrate the producer is searching for equivalent organic varieties and they were notfound.
4.1.2(d) Documentation of on-farm trials or seed characteristic searches can be provided at the annual 

inspection. This documentation can include which seed characteristics are desired, and be based 

upon the varietal benefits of the current nonorganic seed/planting stock in use. The varietal 

characteristics discovered during the on-farm trail, of both the nonorganic seed/planting stock and 

the organic seed/planting stock trialed, can be tracked in a simple table or spreadsheet detailing the 

specific characteristics sought, and whether or not the various varieties grown contained those 

characteristics.

Public Comment and Subcommittee Response:

This is an addition to NOP guidance 5029. It provides more clarification on producer methods of trialing 

or searching for an “equivalent” organic variety. Since this is guidance only, the word “must” was 

removed from this section and replaced with the word “can”. It is important to encourage growers to 

document that the organic seed varieties are not “equivalent” to the nonorganic seeds they are using. 

As stated above, many organic seed varieties may have different names or numbers, but could be 

considered equivalent to a nonorganic seed in most, if not all, characteristics sought by a grower.

4.1.3 The following considerations could be acceptable to justify use of non-organic seeds....

d. Contamination from GMO consideration: non-organic seed can be used if organic seed

cannot be sourced because of GMO contamination.

Public Comment and Subcommittee Response:

There was not universal support for this suggested addition, and it has been removed. There were 

comments stating this section was problematic for a variety of reasons, and the crops subcommittee 

believes that dealing with GMO contamination of seed can be better addressed in a separate 

recommendation, rather than this proposal which supports the use of organic seed.

No changes to 4.1.3, 4.1.4, 4.1.5, 4.1.6

4.1.6 Use of non-organic planting stock to produce organic crops is subject to commercial availability as 

per §205.204.(a)(1). If planting stock is from a non-organic source and is used to produce perennial 

crops, then that planting stock and any vegetative harvest from that planting stock may be sold, labeled 

or represented as organic only after 12 months of organic management §205.204 (a)(4).

Public Comment and Subcommittee Response:

As 4.1.6 is currently written, certifiers can allow sale of an organic crop for consumption from

nonorganic planting stock immediately after planting it, but would not allow any cuttings from that

planting stock, to be sold as organic planting stock for at least a year. As an example, an organic grower

can purchase a nonorganic rosemary plant, plant it in their organic field, cut it immediately and sell it as

an organic crop. However, as written, if they make a cutting, put it in water and root it, they cannot sell

that plant for a year as organic planting stock. §205.204 (a)(4) states:
Nonorganically produced planting stock to be used to produce a perennial crop may be sold, labeled or

represented as organically produced only after the planting stock has been maintained under a system of

organic management for a period of no less than 1 year.

This allowance for a crop to be sold from nonorganic planting stock that has not been under organic

management for at least one year, was to provide for the sale of fruit from nonorganic strawberry plants

within the first year of planting on organic land. Typically, other perennial plants do not produce

fruit/nuts or other nonvegetative crops within the first year, so this one year wait time for a crop from

nonorganic planting stock planted into organic ground is not a hardship for other perennial crops.

However, vegetative growth that would be sold from the nonorganic planting stock would have been

managed nonorganically. It does not make sense to sell this vegetative crop as organic. but Strawberry

fruit would not be present at the time of planting, and therefore the sale of this fruit as organic had

been considered to be more in line with current regulations.

4.2 Recordkeeping for Organic Producers

4.2.1 The following records should be maintained by organic producers:

4.2.1 (a) A list of all seed and planting stock, indicating any non-organic seeds or stock used, and 

the justification for their use including lack of equivalent variety, form, quality or quantity 

considerations. Justification for use of varieties needs to be specific to each variety on the list 

and which issue (form, quality, quantity, or equivalence) is the reason. Records describing onfarm trials, or other descriptions illustrating seed characteristics, can be used to demonstrate 

lack of equivalent seed or planting stock varieties/cultivars for site specific conditions.

Public Comment and Subcommittee Response:

Numerous certification agencies and producers provided negative comments about the statement 

removed above, stating that it would be a significant burden to track each nonorganic seed and justify 

its use, especially for diverse vegetable operations. Many noted the subsequent improvement to 

section 4.2.1 b, noting that it provides more flexibility and quantifiable methods of tracking the reasons 

nonorganic seed is being used. On-farm trials or descriptions that specifically illustrate characteristics 

can provide justification there was no organic equivalent to the nonorganic seed or planting stock used.

4.2.1 (b)

b. The search and procurement methods used to source organic seed and planting stock 

varieties, including:

1. Evidence of efforts made to source organic seed and planting stock varieties should include 

but is not limited to:

(i) Documentation of contact with at least three or more seed or planting stock 

sources to ascertain the availability of equivalent organic seed or planting stock, including 

date, variety requested, quantity of seed, as well as if the seed is available organically, or was 

out-of-stock.

(ii) Improved timeliness of seed/planting stock ordering by documenting the date(s) of 

orders. Earlier ordering can result in a greater chance of organic seed/planting stock 

availability. For larger orders, suppliers need to be given sufficient lead time to provide the 

quality, quantity and variety/cultivar within the timeframe needed by the organicproducer.
(iii) Work with seed/planting stock suppliers that provide a quick response of organic 

availability, to enable the producer to request seed, in a timely manner, of other suppliers if 

organic seed was not available from the firstsupplier.

(iv) Demonstrate an increase in the percentage of organic seed/planting stockused 

over time by the operation.

(v) Search suppliers that are known to carry organic varieties or cultivars of the type 

they seek.

(vi) Discuss and document their desire to purchase equivalent organic varieties or 

cultivars with their current nonorganic suppliers.

(vii) Failure to demonstrate improvement in sourcing organic seed/planting stock over 

time may result in additional seed/planting stock sources being required or additional steps 

taken to procure organic seed/planting stock, by the organic certifier.

Five sources must be contacted for seed of crops at risk for excluded method

contamination.

Public Comment and Subcommittee Response:

There were many comments on this section, with some requesting this be extended to all crops, and 

others concerned that there was not a clear definition of “at-risk” crops. Many supported the increased 

number of sources to be contacted for organic seeds and others did not. A variety of commenters 

suggested a more practical approach to this seed search describing a variety of typical search activities 

that could result in higher use of organic seed. The list of (i)-(vii) summarizes these activities suggested

by commenters and NOSB crop subcommittee members. The number of seed searches required by the 

certifier remains at three in this proposal, and gives the certifiers and operators more options to judge if 

the seed search was done in an effective manner, as well as the option to require more activities, if the 

certifier feels the quality of the search could be improved.

No changes to 4.2.1 (b) 2.

4.2.1 b. 3.

If seed/planting stock is sourced or mandated by the buyer of a contracted organic crop, the 

producer must obtain sourcing information and documentation from the contracted buyer. 

The buyer’s attempts to source organic seed/planting stock then becomes part of the 

producer's Organic System Plan. Such documentation could include:

(a) The handler’s organic search documents there are no organic equivalents in quality, 

quantity or function, to the nonorganic seed/planting stock they require.

(b) The handler has discussed the development of an equivalent organic seed/planting stock 

source with their nonorganic seed supplier, as well as with organic seed breeders.

(c)The handler seeks out organic growers, either those that are contracted to grow organic 

crops from that nonorganic seed/planting stock source, or known organic growers who are 

experienced in seed/planting stock production, to trial production of an organic equivalent 

variety/cultivar.

(d) The handler clearly documents that mandating use of nonorganic seed/planting stock is 

not solely based upon the possibly higher monetary cost of an organic equivalentvariety.

(e) The handler can be required to illustrate they have performed the items required of 

producers in 4.2.1 (b), where the certifier feels this is appropriate, in order to achieve the goal 

of full compliance in the use of only organic seed/planting stock.
Public Comment and Subcommittee Discussion

This section addresses the common occurrence of a buyer either supplying the seed, or requiring a 

specific seed and source, when working with a contracted producer for the final crop. When the buyer 

requires a nonorganic seed, the grower is constrained by their contract and will not perform an organic 

seed search. In discussions with the National Organic Program, it became clear that it is difficult through 

regulatory channels, to require a handler to have a seed search as part of their business’ Organic System 

Plan. Therefore, this section requires the farmer to obtain documentation from the organic handler 

who is requiring their contracted organic farmer to use a nonorganic seed to grow an organic crop. The 

handler needs to provide documentation that they searched for organic seeds and provide this to the 

grower to become part of the grower’s OSP. Handlers have unique opportunities when requiring 

nonorganic seed, and this section suggests a variety of methods they could increase the use of organic 

seed/planting stock when working with contracted growers.

No changes to 4.3, 4.3.1, 4.3.2, 4.3.3

4.4 Role of Certifying Agents

No changes to 4.4.1, 4.4.2, 4.4.3

4.4.4 Certifying agents should review an operation’s progress in obtaining organic seeds, planting stock 

and transplants by comparing current source information to previous years

(a) If sufficient progress is not demonstrated, a certifying agent may ask for a corrective action 

plan and require additional seed sources be researched, encourage variety trials, or require 

additional steps to procure organic seed.

Public Comment and Subcommittee Discussion

Most commenters felt this was a reasonable request, with certifiers stating they work with their 

operators to develop solutions that will result in greater use of organic seed and planting stock. No 

changes to this recommendation.

4.4.4

(b) Non-compliances should be issued for repeated lack of progress in sourcing and using 

commercially available organic seed/planting stock over time. Judgement of a noncompliance 

can include, but is not limited to:

(i) The certifier’s communication detailing commercially availability organic 

seed/planting stock and continued non-use by the farmer

(ii) Organic seed searches that do not include suppliers who carry organic 

seed/planting stock of that specific crop.

(iii) The producer’s lack of on-farm seed trials, or reference to descriptions, for judging 

equivalency between nonorganic seed and organic seed.

(iv) Return to nonorganic seed/planting stock use for a crop, if the organic equivalent 

seed/planting stock was not documented as having a significant yield, market or otherloss.

Public Comment and Subcommittee Discussion
Most commenters agreed with this sentiment and many certifiers noted they are currently issuing 

noncompliances if they believe the organic operation is not taking effective action in sourcing organic 

seed/planting stock. Certifiers obtain information from many operations and have knowledge of what 

organic seed/planting stock is available and practical in their regions for many types of crop production. 

This provides the certifiers a unique perspective to determine if a producer is doing a valid search.

Many commenters requested more detail in assessing noncompliances, and these items listed above are 

based upon public comment and NOSB member input.

4.4.5 Certifying agents should review the prevention measures taken to avoid contamination for seed 

of crops grown by the organic operator, at-risk of GMO contamination.

Public Comment and Subcommittee Discussion

The vast majority of commenters felt this was an important addition to the policy guidance. Producers 

who save their own organic seed, as well as those that sell organic seed to others, should include 

practices that specifically address GMO contamination prevention. Certifiers should be reviewing these 

contamination prevention measures to lessen the presence of this contamination in the organic seed 

supply chain.

5. Other items

Public Comment and Subcommittee Discussion

Organic Seed/Planting Stock Database

Commenters supported the development of an organic seed and organic planting stock database, to be 

managed and maintained by the National Organic Program. Certifiers, suppliers, brokers and operators 

could all contribute information to this database, and having a link to this on the NOP website would be 

a service to all sectors of the organic community. The Crops Subcommittee strongly supports the 

development of this database and encourages the NOP to consider how this might be added to the 

organic integrity database or be developed separately.

Accredited Organic Certifier and Organic Inspector Training

Many commenters agreed with the previous proposal’s assessment that both certification office staff 

and organic inspectors could benefit from further training on how to assess a valid organic seed/planting 

stock search. The above organic seed/planting stock database would be a very useful tool for certifiers 

to track the availability of organic sources and their offerings, as well as providing objective information 

to their certified operators. In-person and webinar trainings with knowledgeable certification personnel 

as well as NOP staff, should be developed to provide useful tools and/or checklists to aid in consistent 

review of a valid organic seed or planting stock search. Certifiers are encouraged to share the practical 

activities and documentation they require with other certification agencies and inspectors. Training of 

certification personnel has been recognized as an important aspect of preventing fraud in the organic 

marketplace, and information on organic varietal sourcing and documentation could be added to the 

training opportunities being explored for fraud prevention.
Other Issues

Based upon public comment, the NOSB requests the NOP look at this issue below.

As 4.1.6 and §205.204 (a)(4) are currently written, certifiers can allow sale of an organic crop for 

consumption from nonorganic planting stock immediately after planting it, but would not allow any 

cuttings from that planting stock, to be sold as organic planting stock for at least a year. As an example, 

an organic grower can purchase a nonorganic rosemary plant, plant it in their organic field or leave it in 

its original container, cut it immediately and sell it as an organic crop. However, as written, if they make 

a cutting, put it in water and root it, they cannot sell that plant for a year as organic planting stock.

This allowance for a crop to be sold from nonorganic planting stock that has not been under organic 

management for at least one year, was to provide for the sale of fruit from nonorganic strawberry plants 

and other fruits within the first year of planting on organic land. Typically, other perennial plants do not 

produce fruit/nuts or other nonvegetative crops within the first year. However, vegetative growth that 

would be sold from the nonorganic planting stock would have been managed nonorganically. It does not 

make sense to sell this vegetative crop as organic, but the allowance for fruit does fit better with the 

regulation’s intent, since fruit would not be present at the time of planting. Therefore the sale of this 

fruit as organic had been considered to be more in line with current regulations.

4.1.6 states:

Use of non-organic planting stock to produce organic crops is subject to commercial availability as per

§205.204.(a)(1). If planting stock is from a non-organic source and is used to produce perennial crops, 

then that planting stock may be sold, labeled or represented as organic after 12 months of organic 

management §205.204 (a)(4).

An improvement to the guidance and possibly the regulation could be:

Use of non-organic planting stock to produce organic crops is subject to commercial availability as per

§205.204.(a)(1). If planting stock is from a non-organic source and is used to produce perennial crops, 

then that planting stock and any vegetative harvest from that planting stock may be sold, labeled or 

represented as organic only after 12 months of organic management §205.204 (a)(4).

Crops Subcommittee Proposal: To Amend NOP Guidance 5029 – changes in bold

4.1.2 Certified operations may use non-organic seed and planting stock only if equivalent organicallyproduced varieties of organic seeds and planting stock are not commercially available, and the 

conventional replacement variety can be documented as being produced without the use of excluded 

methods.

4.1.2

c. On-farm variety trials of organic seed/planting stock may be used by producers to 

evaluate and document organic variety/cultivar equivalency to the nonorganic item in use. If 

trials are not performed, the producer can use catalog or website seed descriptions, to 

document there are no organic seeds that have equivalent characteristics to the nonorganic 

seed in use.
4.1.2

d. Documentation of on-farm trials or seed characteristic searches can be provided at 

the annual inspection. This documentation can include which seed characteristics are desired, 

and be based upon the varietal benefits of the current nonorganic seed/planting stock in use. 

The varietal characteristics discovered during the on-farm trail, of both the nonorganic 

seed/planting stock and the organic seed/planting stock trialed, can be tracked in a simple 

table or spreadsheet detailing the specific characteristics sought, and whether or not the 

various varieties grown contained those characteristics.

4.1.6 Use of non-organic planting stock to produce organic crops is subject to commercial availability as 

per §205.204.(a)(1). If planting stock is from a non-organic source and is used to produce perennial 

crops, then that planting stock may be sold, labeled or represented as organic planting stock or an 

organic vegetative crop only after 12 months of organic management §205.204 (a)(4).

4.2.1 The following records should be maintained by organic producers:

a. A list of all seed and planting stock, indicating any non-organic seeds or stock used, and 

the justification for their use including lack of equivalent variety, form, quality or quantity 

considerations. Records describing on-farm trials, or other descriptions illustrating seed 

characteristics, can be used to demonstrate lack of equivalent seed or planting stock 

varieties/cultivars for site specific conditions.

b. The search and procurement methods used to source organic seed and planting stock 

varieties, including:

1. Evidence of efforts made to source organic seed and planting stock varieties should 

include but is not limited to:

i. Documentation of contact with at least three or more seed or planting 

stock sources to ascertain the availability of equivalent organic seed or 

planting stock, including date, variety requested, quantity of seed, as 

well as if the seed is available organically, or was out-of-stock.

ii. Improved timeliness of seed/planting stock ordering by documenting 

the date(s) of orders. Earlier ordering can result in a greater chance of 

organic seed/planting stock availability. For larger orders, suppliers 

need to be given sufficient lead time to provide the quality, quantity 

and variety/cultivar within the timeframe needed by the organic 

producer.

iii. Work with seed/planting stock suppliers that provide a quick response 

of organic availability, to enable the producer to request seed, in a 

timely manner, of other suppliers if organic seed was not available 

from the first supplier.

iv. Demonstrate an increase in the percentage of organic seed/planting 

stock used over time by the operation.
v. Search suppliers that are known to carry organic varieties or cultivars 

of the type they seek.

vi. Discuss and document their desire to purchase equivalent organic 

varieties or cultivars with their current nonorganic suppliers.

vii. Failure to demonstrate improvement in sourcing organic 

seed/planting stock over time may result in additional seed/planting 

stock sources being required or additional steps taken to procure 

organic seed/planting stock, by the organic certifier.

4.2.1 b. 2. (no changes)

4.2.1 (b) 3. If seed/planting stock is sourced or mandated by the buyer of a contracted organic crop, 

the producer must obtain sourcing information and documentation from the contracted buyer. The 

buyer’s attempts to source organic seed/planting stock then becomes part of the producer's Organic 

System Plan. Such documentation could include:

i. The handler’s organic search documents there are no organic equivalents in 

quality, quantity or function, to the nonorganic seed/planting stock they require.

ii. The handler has discussed the development of an equivalent organic 

seed/planting stock source with their nonorganic seed supplier, as well as with organic 

seed breeders.

iii. The handler seeks out organic growers, either those that are contracted to 

grow organic crops from that nonorganic seed/planting stock source, or known 

organic growers who are experienced in seed/planting stock production, to trial 

production of an organic equivalent variety/cultivar.

iv. The handler clearly documents that mandating use of nonorganic 

seed/planting stock is not solely based upon the possibly higher monetary cost of an 

organic equivalent variety.

v. The handler can be required to illustrate they have performed the items 

required of producers in 4.2.1 (b), where the certifier feels this is appropriate, in order 

to achieve the goal of full compliance in the use of only organic seed/plantingstock.

4.4.4 Certifying agents should review an operation’s progress in obtaining organic seeds, planting 

stock and transplants by comparing current source information to previous years

a. If sufficient progress is not demonstrated a certifying agent may ask for a corrective 

action plan and require additional seed sources be researched, encourage variety trials, or 

require additional steps to procure organic seed.

b. Non-compliances should be issued for repeated lack of progress in sourcing and using 

commercially available organic seed/planting stock over time. Judgement of a noncompliance 

can include, but is not limited to:
1. The certifier’s communication detailing commercially availability organic 

seed/planting stock and continued non-use by the farmer

2. Organic seed searches that do not include suppliers who carry organic 

seed/planting stock of that specific crop.

3. The producer’s lack of on-farm seed trials, or reference to descriptions, for 

judging equivalency between nonorganic seed and organic seed.

4. When producer returns to nonorganic seed/planting stock use, if the organic 

equivalent seed/planting stock was not documented as having a significant yield, market or 

other loss.

4.4.5 Certifying agents should review the prevention measures taken to avoid contamination for 

seed of crops grown by the organic operator, at-risk of GMOcontamination.

Motion to accept all changes to the National Organic Program Guidance 5029 as described in the 

proposal section above.

Motion by: Harriet Behar 

Seconded by: Asa Bradman

Yes: 6 No: 0 Absent: 2 Abstain: 0 Recuse: 0

Approved by Jesse Buie, Subcommittee Vice Chair to transmit to NOSB, February 19, 2019