FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: _May 6, 2009 ____

Subject: _ Policy and Procedures Manual Changes – Priority of Petitions ___

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):

Recommendation is for inclusion of a Priority of Petitions guideline into the NOSB Policy 

and Procedures Manual. 

See attached committee recommendation and vote 

NOSB Vote: Motion: Barry Flamm Second: Bea James

Board vote: Yes - 13 No- 1 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP):

To update and clarify procedures in the Policy and Procedures Manual

Response by the NOP:

No objections
National Organic Standards Board

Policy Development Committee

Priority of Petitions-Revised at Meeting

May 6, 2009

RECOMMENDATION:

The following recommendation for addition to the NOSB Policy and Procedures Manual is 

designed as a guideline to assist committee chairs with prioritization of petition review to add or 

remove substances to or from the National List. 

Priority of Petitions Guideline

Prioritization

National List materials petitions received and deemed sufficient by the NOP / NOSB will be 

prioritized by the Materials Committee Chair for consideration as follows:

1. Petitions to Remove a Material From the National List:

a. A petition to remove a material presently on the National list that raises serious 

health, environmental, or regulatory concerns, including petitions to reconsider 

previous decisions, will be given the highest priority - Priority 1, above all other 

petitions in the queue of the reviewing committee (Crops, Handling, or Livestock). 

b. A petition to remove a material presently on the National list not based on serious 

health, environmental, or regulatory concerns, but based on other new information, 

such as commercial availability status, would be assigned a Priority 2, behind 

Priority 1 petitions, but above any petitions to list materials that are in the queue of 

the reviewing committee (Crops, Handling, or Livestock). This priority assignment 

would include any removal petitions requesting reconsideration of previous board 

decisions, if the resubmitted petition contains substantive new information to 

warrant reconsideration. 

2. Petitions to Add a Material to the National List:

a. A petition to add a material to the National List will be considered by the reviewing 

committee (Crops, Handling, or Livestock) in the chronological order it is received, 

and will be designated as Priority 3. 

3. Petitions to Reconsider a Material for Addition to the National List:

a. A petition to reconsider adding a material that had previously been rejected by a 

board vote would be given the lowest priority - Priority 4, and would go to the 

bottom of the committee (Crops, Handling, or Livestock) queue of petitioned 

materials. Petitions for listing a substance that had been previously rejected by the 

board must contain substantive new information to warrant reconsideration.

This prioritization guideline is only that, a guideline. When situations occur beyond the control of 

the reviewing committee, such as, but not limited to, a delay in the delivery of a Technical Review 

for a petitioned substance, the committee chair must exercise his or her judgment in the possible 

reassignment of priorities and workload to make best use of resources to advance petition 

recommendations. 

Committee Vote:

Moved: Steve DeMuri Second: Barry Flamm

Yes: 4 No: 0 Absent: 1 Abstain: 0