FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: _ May 6, 2009 ____

Subject: _Updates and Amends Section III of the NOSB Policy and Procedures Manual _ 

Chair: __ Jeff Moyer ______________

Recommendation

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: ___ __

Guidance Statement: ________

Other: ___X_____

Summary Statement of the Recommendation (including Recount of Vote):

NOSB Vote: Motion: Barry Flamm Second: Bea James

Board vote: Yes - 14 No- 0 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP):

Response by the NOP:

The following recommendation updates and amends Section III of the NOSB Policy 

and Procedures Manual. The duties of the Secretary are updated to add language which 

was approved at the November 2008 Board Meeting. The Roles of the Executive 

Director and the Executive Committee are revised and updated. The part discussing 

MEETINGS is revised to reflect statutory requirements and current practices.
NATIONAL ORGANIC STANDARDS BOARD

Policy Development Committee

February 23, 2009

RECOMMENDATION:

The following recommendation updates and amends Section III of the NOSB Policy and 

Procedures Manual. The duties of the Secretary are updated to add language which was 

approved at the November 2008 Board Meeting. The Roles of the Executive Director and 

the Executive Committee are revised and updated. The part discussing MEETINGS is 

revised to reflect statutory requirements and current practices.

ROLE OF THE EXECUTIVE DIRECTOR:

• Assist in the implementation of policies, goals, objectives, strategic plans, 

committee work plans, and recommendations set by the NOSB and NOP.

• Draft initial NOSB meeting agendas with NOSB Chair based on committee work 

plans for NOSB and NOP discussion, then finalizes agenda. 

• Coordinate Board and committee meetings, and manage information reporting 

and communications between Board and NOP.

• Arrange, facilitate, and record the minimum number of NOSB Committee 

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

Minutes are distributed to committees for confirmation they are accurate. Final 

minutes are timely distributed to Board committees.

• Provide training and information to NOSB and task forces on compliance with all 

pertinent Acts and regulations (e.g., FACA, OFPA, NOP), including their role in 

advising the Secretary. 

• Establishes and monitors Board adherence to timelines which ensure NOP has 

sufficient time to publish related Federal Register notices and Board/Committee 

recommendations that meet deadlines for public comment. 

• Manage Board calendar and tracking databases in a manner that facilitates clarity 

of activities to the Board and the NOP.

• Work as liaison with NOP staff, TAP & technical review contractors and other 

government agencies (e.g., EPA, FDA, AAFCO). 

• Ensure Board members have all materials and information necessary to provide 

informed, structured and timely recommendations to the NOP for proposed 

amendments and guidances to NOP regulation 7 CFR 205. This includes the 
provision of petitions, TAP and technical reviews, and historic discussions of 

substances proposed for inclusion on the National List, as well historic 

discussions and recommendations regarding issues.

• Coordinate the recording and maintenance of records of all Board and committee 

meetings. This includes maintaining all board archives and records in a manner 

that provides for easy access to all public information in cooperation with the 

Board Secretary. 

• Prepare and clear Federal Register Meeting Notice and News Release, 

ensuring publication 45 days prior to meeting. 

• Ensure proposed additions to the National List, or other recommendations, 

are posted on the NOSB website for 45 days prior to an NOSB meeting to 

allow for public comment. 

• Provide accurate, clear pre-meeting information to public regarding 

questions on recommendations.

• Ensure NOSB members have timely access to public comments.

• Schedule public comment according to issues, and accommodates 

commenters’ travel schedules, where possible.

• Ensure that Board members and NOP staff at NOSB meetings have 

access to relevant documents related to petitions, materials due to sunset, 

technical reviews, etc. The format could be electronic (CD version) or hard 

copy. 

• Track recommendations, changes, and votes during meeting to ensure 

accurate meeting transcripts. 

• Assist the NOSB Officers as needed, including scheduling and 

participating in Officer calls, and assisting the Secretary during Board 

meetings in managing public comments, summary of minutes, committee 

votes, election of officers, Board meeting breaks. Also stays apprised and 

assist as needed in committee meetings scheduled before, during and 

after Board meetings.

EXECUTIVE COMMITTEE: p.14

Delete: except that the Executive Committee shall not take action on any 

recommendation to the Secretary, including the status of materials on the national list.
Replace with the following: Only the full Board may take decisive action on guidance 

and other policy recommendations from committees, including the status of materials 

proposed for addition or deletion on the National List.

The Executive Committee will provide guidance and feedback to Committees on their 

proposed work plans.

SECRETARY:

Add (p.14) The Secretary of the Board, with the assistance of the Executive Director, 

shall review all additions to the Federal Register and report to the Board any 

discrepancies between the Board recommendation and those published in the Federal 

Register.

MEETINGS:

Delete the present existing language (p.15).

Replace with:

All Board meetings, conference calls, and bulletin board assembled for the purpose of 

making recommendations to the NOP are subject to FACA (see appendix B for FACA 

facts), IN PARTICULAR THESE must be open to the public and must meet public 

notification requirements. Not all meetings are subject to FACA and do not require 

PUBLIC NOTIFICATION. Examples are: assemblies for completing work, planning 

retreats, training and sharing information. At this time, full Board conference calls or full 

Board assembly via electronic bulletin board are not permitted.

The date and location of periodic full in person Board Meetings (normally twice a year), 

will to the extent possible, be set by consensus of the Board in consultation with the 

NOP.

Committee Vote:

Moved: Barry Flamm Second: Bea James

Yes 4 No 0 Absent 1 Abstain 0