National Organic Standards Board

Policy Development Committee 

Clarification and Updating Section V Direction on

NOSB / NOP Collaboration Process

 

July 27, 2010

Introduction

The Policy Development Committee (PDC) continues its efforts to improve the Board’s Policy 

and Procedures Manual (PPM).This recommendation presents suggested changes to the 

National Organic Standards Board (NOSB) / National Organic Program (NOP) collaboration 

guidance in Section V of the PPM.

Background

The PDC has been systematically reviewing the NOSB Policy and Procedures Manual to 

improve and update directions for the Board. Section V was reviewed and revisions approved 

at the November 2009 Board Meeting. However, the part in Section V addressing NOSB/NOP 

collaboration was deferred for further consideration due to the organizational changes then 

occurring in the NOP. The NOP has new leadership, changed reporting structure and position 

in AMS, and increased staffing and funding. This calls for reexamination of how the parties 

work together in the interest of the organic community and the public at large. 

The effective operation of the NOSB requires close coordination with the staff of the NOP in 

accordance with the transparency requirements of the FACA guidelines and OFPA statute and 

regulations. In this spirit, the mission of the NOSB and the intent of the Organic Foods 

Production Act (OFPA) are best fulfilled if both the board and the NOP staff work together

closely. To ensure NOSB effectiveness, NOP resources are committed to ensuring that the 

Board effectively carries out its responsibility to determine acceptable practices and materials 

in accordance with OFPA standards. The functions of the NOSB, including its committee’s 

decisions making process and their effectiveness, are central to the success of the NOP, 

organic integrity, protection of health and the environment, and sustained growth of the organic 

sector.

Relevant Areas in the Rule

The Organic Foods Production Act of 1990, 6518 (a) directed the Secretary of Agriculture to 

establish the National Organic Standards Board and prescribed its duties.

The Act, 6503 (a), also directed the Secretary to establish an organic certification program. 

The NOP became the executive agency administering the program.

Discussion

The initial work of the PDC last year focused on streamlining the directions now in PPM 
Clarification and Updating Section V Direction on

NOSB / NOP Collaboration Process

June 27, 2010

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Section V. Subsequently, as discussed above, it was determined that the changes at NOP 

required a more comprehensive revision resulting from NOP and public discourse. A 

discussion document was developed for the April 2010 Board meeting asking questions about 

the present collaboration process and proposing changes to current directives. A limited 

number of public comments were received. One commenter emphasized that, “We would not 

like to see the Board meeting without the Public or meeting with the NOP without Federal 

Register Notice and the opportunity for public comment.” The Board has and will continue to 

strictly follow FACA rules, which address this issue. This commenter also said, “It seems that 

regardless of leadership, funding or staffing that the collaboration process overall should not 

change.” The PDC believes these changes at NOP merit consideration of various means to 

improve collaboration. Another commenter “suggest(s) that NOSB focus its role on justifying 

standards modifications and prioritising standards development.” The Committee has weighed 

all comments in developing the proposed revision to Section V of the PPM which follows:

NOSB-NOP COLLABORATION

The Organic Foods Production Act (6518 (a)) directed the Secretary of Agriculture to establish 

a National Organic Standards Board to assist in the development of standards for substances 

to be used in organic production and to advise the Secretary on any other aspects of the 

implementation of the Act. In 6503 (a) of the Act, the Secretary was directed to establish an 

organic certification program. The National Organic Program (NOP) has become the 

governmental institution to accomplish this and is the means through which the NOSB 

provides advice and assistance to the Secretary of Agriculture.

The mutual goals to advance the integrity of organic products, principles and products can best 

be accomplished through team work and cooperation between the NOSB and the NOP and is 

implemented regularly through two-way feedback by the NOSB Executive Director and 

periodically at the Executive Committee’s monthly calls. Especially at these calls, NOSB 

committee work plans and priorities are discussed and NOP requests and opinions are aired.

 

An effective collaboration process between the NOP and the NOSB should ensure that NOP 

receives NOSB input and feedback, and vice versa. The process can be complicated due to 

several factors like the following: 

• The NOSB is a FACA advisory committee, and as such, must conduct business in the 

open, under the requirements of P.L. 94-409, also known as “Government in the 

Sunshine Act” (5 U.S.C.552b). 

• The USDA cannot delegate its authority as a regulatory body to private citizens, even 

when those private citizens are appointed by the Secretary to provide advice. However, 

the NOSB has unique statutory authority related to the determination of materials as 

approved or prohibited substances for inclusion on the National List. 

• The NOSB cannot direct USDA or bind the Secretary through its actions; for example, it 

cannot obligate funds, contract, or initiate policies on its own accord. 
Clarification and Updating Section V Direction on

NOSB / NOP Collaboration Process

June 27, 2010

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Several collaboration approaches may be required depending on the type of issue faced by the 

Board. Below are descriptions of the most common situations faced by the NOSB. In all 

cases, the end product should be a recommendation by the Board to the NOP and each 

recommendation should be accompanied by a cover sheet illustrated in figure 1. 

1. Materials proposed to be added to or removed from the National List.

The NOSB has the statutory authority to consider and recommend materials for addition 

to, or deletion from, the National List of Approved and Prohibited Substances, or to add, 

remove, or modify annotations restricting the use of such listed materials. 

2. Recommendation for modification of existing standards or new standards. 

The NOSB will use the decision making procedures outlined in Section VIII to justify 

modifying existing standards or proposing new standards. The NOP may request that 

the NOSB develop recommendations for new or existing standards. The request should 

be in writing and should include a statement of the problem to be addressed, 

background, including the current policy or situation, statuatory/ regulatory authority, 

legal situation, and desired timeframe for receiving the recommendation. The request 

will be posted on the NOP web site.

3. Providing advice on NOP policy and interpretation of standards.

An examples are: NOSB providing comments on specific actions by the NOP, such as 

the yeast and compost policies.

4. Compliance and Enforcement.

The NOP is responsible for compliance and enforcement. The NOP welcomes NOSB 

input on standards, but NOSB involvement in active investigations or enforcement 

actions is not appropriate. As timely and appropriate, the NOP reports to NOSB on the 

status of enforcement actions and also posts the status on the NOP web site.

5. Management Review.

NOSB may review the quality management system and internal audits to ensure that the NOP 

is managed effectively and efficiently. For example, the NOSB has a role to play in terms of 

seeing that corrective actions with OIG are completed.

In all the above situations, FACA procedures must be carefully followed to provide 

transparency and necessary public input.

The primary means of collaboration will be through NOP participation in Executive Committee 

(EC) and Standing Committee calls. The NOP Deputy Administrator or designee will 

participate in all EC calls. The NOSB Executive Director (ED) will participate in all NOSB calls 

as described in the ED duties in the PPM. Upon request and mutual agreement, the Deputy 

Administrator will participate in Standing Committee calls. In addition, each Standing 

Committee will be assigned an NOP staff person to provide additional technical, legal, and 

logistical support.

Work plans for action items are developed for each upcoming public board meeting. This is the 
Clarification and Updating Section V Direction on

NOSB / NOP Collaboration Process

June 27, 2010

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mode for developing recommendations and discussion documents. Work plan procedures are 

described in detail in Section VIII, page 32. The proposed work plans are presented and 

discussed at each public board meeting, but may be revised based on comments and Board 

priorities and resources.

NOP publicly made requests at board meetings are important considerations in the 

development of Committee work plan. These NOP requests to NOSB will be followed up in 

writing stating the problem to be addressed, background, statutory authority and the time 

frame for response. The proposed Committee Work plans will be reviewed at the next EC call

following the Board meeting, with participation by the NOP Deputy Administrator. This 

participation in the development of work plans is vital for effective NOSB/NOP collaboration.

Due to change in circumstances, these work plans may need to be revised prior to the posting 

of the final agenda of the upcoming Board meeting. Committee work plan changes will be done 

in consultation and full knowledge of the EC and NOP.

Committee Vote:

Motion: Barry Flamm Second: Steve DeMuri

Yes: 4 No: 0 Abstain: 0 Absent: 1
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NOSB / NOP Collaboration Process

June 27, 2010

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Figure 1: Form Used to Submit NOSB Final Recommendations to the NOP

(Non Materials Recommendations)

Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: __________

Subject: __________

Chair: __________

 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action __________

Guidance Statement __________

Other __________

Statement of the Recommendation (Including Recount of Vote): 

 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

Committee Vote:

Moved: __________ Second: __________

Yes: __ No: __ Abstain: __ Absent: __ Recusal: __