National Organic Standards Board

Policy Development Committee

Proposed Recommendation

Committee Transparency

October 03, 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. 

Transparency should be a relevant concept throughout the NOP and NOSB. 

According to OGC opinion the NOSB committee meetings are subject to 

Freedom of Information Act (FOIA)and the Federal Advisory Committee Act 

(FACA).

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. 

A foundational role for transparency has been recognized by the NOSB and

NOP. 

The Executive Director is obligated to, “Record and maintain records of 

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” . 

In regard to formal collaboration procedures between the NOSB and NOP, 

the PPM indicates that, 

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)”, (PPM, pg23). 
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Therefore, the NOSB and NOP are encouraged to act in a manner that will 

support visibility, openness, and transparency in all business operations with 

easy access to all public information.

As per a July 25, 2011 communication with USDA/OGC Attorney Advisor, Karen 

Carrington:

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.

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. “

Attorney Carrington further indicated that before materials are given public 

access, the agency would conduct a review of them under the Freedom of 

Information Act to ensure that personal information is not revealed.

Nevertheless, deliberative information that goes to the essence of duties as a 

board member will most likely be disclosed publicly under the FOIA process.

Recommendations

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

following language:

Arrange, facilitate, and record 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, and provide context for those 

opinions by identifying their source (name or position) i.e. farmer/grower, 

environmentalist/resource conservationist, consumer/public interest 

advocate, handler/processor, retailer, scientist, USDA accredited certifying 

agent, NOP, etc - in order that transparency exist and content remain 
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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. 

Committee Vote:

Moved: Jennifer Taylor Second: Calvin Walker

Yes: 6 No: 0 Abstain: 0 Absent: 0