Formal Recommendation 

From: 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 Recommendation: (Motion # 1) 

 

Rationale Supporting Recommendation (including consistency with OFPA and NOP):

 

Committee Vote:

 

Moved: 

SecondĞĚ: 

Yes:EŽ͗ďƐƚĂŝŶ͗ďƐĞŶƚ͗ZĞĐƵƐĞ͗ 

 

 

 3DJHUHYLVHGPD

April 10, 2013

Public Communications

Mac Stone

Motion to amend the Policy Procedure Manual related to Public Communications outside of biannual 

meetings to ensure adequate record and representation year round. 

 

✔

Passed

 The Organic Foods Production Act (OFPA) establishes the National Organic Standards Board (NOSB) at 

§2119(7USC6518), “(a) The Secretary shall establish a National Organic Standards Board (in accordance 

with the Federal Advisory Committee Act (5USC app 2 et seq.) (hereafter referred to in this section as the 

“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 this title.” 

The Policy and Procedures Manual includes Miscellaneous Policies in Section VI, and the purpose of the 

Recommendation is to add details to how the public can effectively communicate year-round on matters 

of interest and concern and be assured through the NOP/NOSB Advisory Board Specialist that such 

communication is fostered through the appropriate mechanism(s). 

 

Jennifer Taylor

Jay Feldman

15 0 0 0 0

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National Organic Standards Board

Policy Development Subcommittee

Proposal

Public Communications 

 

January 22, 2013

I. Introduction

The National Organic Standards Board (NOSB) recognizes that members have been 

specifically appointed to NOSB to provide advice and counsel to the Secretary

concerning policies related to the development of organic standards and the creation 

and amendments to the National List (NOSB Policy and Procedures Manual, pg. 9). A 

part of the NOSB’s responsibility is to communicate with the organic community 

pertaining to the implementation of Organic Foods Production Act (OFPA); the NOSB

must receive and review information from USDA’s National Organic Program (NOP) and 

other sources during its deliberations. The input from the organic community is valuable 

in the deliberations of NOSB, the NOP, and the community decision-making process. 

NOSB recommends that the NOP establish a year-around online communication 

mechanism(s) for stakeholders to communicate with NOSB and the NOP on matters of 

interest and concern.

II. Background

The Federal Advisory Committee Act (FACA) regulations on “Meeting Obligations to the 

Public” (41 CFR 102-3.140) states that, “Any member of the public is permitted to file a 

written statement with the advisory committee during meetings.” A written statement 

received during the comment period for scheduled NOSB meetings has been the 

primary method by which the public communicates with the Board. 

Nevertheless, NOSB members also receive public communications outside of the 

designated public comment period. These communications include verbal and written 

information. In response to a previous public communications proposal, the NOSB 

received public comments that overwhelmingly supported the establishment of a 

mechanism that would provide for a central location for all public communications to the 

NOSB and NOP, enable transparency in public communications, and provide access to 

information from the organic community.

III. Discussion

The NOSB through its Policy and Procedures Manual establishes procedures for its 

activities. The manual “is designed to assist NOSB in its responsibilities” (PPM, p4) and 

establish procedures for carrying out its responsibilities in accordance with its advisory 

mission.

As a part of its responsibility to communicate with the organic community pertaining to 

the implementation of OFPA, the Board must receive and review information from the 

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NOP and other sources during its deliberations. As a stakeholder Board, the input from 

the organic community is valuable in the deliberations of the Board, the NOP, and the 

community decision-making process. The procedures of the Board and NOP should 

facilitate public communication to inform these deliberations. 

Providing an online mechanism that allows the public to share information between 

official comment periods will help to facilitate public communication that informs the 

Board’s and NOP’s deliberations in several ways. The online system is intended to: 

1. Inform discussions early in the materials or policy review process through the 

collection of complete background and perspectives; 

2. Reduce the amount of new information coming to the Board and NOP late in its 

deliberations on an issue without adequate time to verify or fully assess it;

3. Increase transparency for the NOSB, NOP, and the public itself to ensure that 

everyone has access to the same information in a timely fashion; 

4. Help the Board and NOP to become aware of issues that may not be on the work 

plan or may not have been generated internal to the NOP and NOSB process, but 

are important based on the experience and expertise of those in the organic 

community.

Thus, an online public communication mechanism can help board members to 

discharge their “Duty of Care,” which “calls upon a member to participate in the 

decisions of the Board and to be informed as to the data relevant to such decisions.”

(PPM, p. 6)

IV. Recommendation

1. The NOSB proposes amending PPM Section VI, Miscellaneous Policies (page 

27) to add a new subcategory (in italics).

Policy for Public Communication between NOSB Meetings.

The NOSB and NOP seek public communication outside of Board biannual meetings 

and public comment periods to inform the NOSB and NOP of stakeholders’ interests, 

and to comment on the NOSB’s and NOP’s work activities year around.

PPM Section II (page 13) adds a phrase to the Role of an Advisory Board Specialist to 

include the following language (in italics): 

With support from NOP, identify, implement, administer and maintain a year-round 

public communication mechanism (Internet and other means) by which public feedback 

can be received, posted, and archived online for viewing by the NOSB, the NOP, and 

the public. 

V. Committee Vote

Moved: Jay Feldman Second: Jennifer Taylor

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

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