National Organic Standards Board

Policy Development Committee

Proposal

Public Communications

March 29, 2012

I. Introduction

A primary role of the National Organic Standards Board (NOSB) is to advise and 

counsel the Secretary, to represent the segments of the population from which they 

were selected, and to treat the business of the Board as fiduciaries for all members of 

the organic community and public at large (NOSB Policy and Procedures Manual, pp4-

8). 

The Federal Advisory Committee Act (FACA) Meeting Obligations to the Public (41 CFR 

102-3.140) suggest that, “Any member of the public is permitted to file a written 

statement with the advisory committee during meetings.”

In addition, the NOSB infrequently receives public communications outside of the 

designated public comment period. These communications include verbal and written 

information. 

II. Background

The Organic Foods Production Act (OFPA), enacted under Title 21 of the 1990 Farm 

Bill, serves to establish uniform national standards for the production and handling of 

foods labeled as “organic.” The Act authorized a new USDA National Organic Program 

(NOP) to set national standards for the production, handling, and processing of 

organically grown agricultural products. In addition, the Program oversees mandatory 

certification of organic production. The Act also established the National Organic 

Standards Board (NOSB), which advises the Secretary of Agriculture in setting the 

standards upon which the NOP is based. 

http://www.nal.usda.gov/afsic/pubs/ofp/ofp.shtml

Sec.2119 [7 U.S.C. 6518] states that the NOSB consist of four individuals who own or 

operate an organic farming operation; two individuals who own or operate an organic 

handling operation, one individual who own or operates a retail establishment with 

significant trade in organic products; three individuals with expertise in areas of 

environmental protection and resource conservation; three individuals who represent 

public interests or consumer interest groups; one individual with expertise in the fields of 

toxicology, ecology or biochemistry, and one individual who is a certifying agent. 

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The statutory mission in OFPA states:

“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.” (OFPA, Sec 2119 (a))

As stated in the NOSB Policy and Procedures Manual (PPM, p5), the NOSB Mission 

Statement is: 

“To provide effective and constructive advice, clarification and guidance to the 

Secretary of Agriculture concerning the National Organic Program (NOP), and 

the consensus of the organic community. 

 

In carrying out the mission, key activities of the Board include:

 

• “Assist in the development and maintenance of organic standards and 

regulations; 

• Review petitioned materials for inclusion on or deletion from the National List 

of Approved and Prohibited Substances (National List); Recommend changes 

to the National List; 

• Communicate with the organic community, including conducting public 

meetings, soliciting and taking public comments, provide timely information 

and education on the NOP, making reasonable use of a variety of 

communication channels.

• Communicate, support and coordinate with the NOP staff.

The PPM (p8) states that NOSB members shall act impartially and not give 

preferential treatment to any organization or individual.

The PPM indicates (p6) that,

“To fulfill their responsibilities, Board members agree to adhere to three duties:

Duty of Care, Duty of Loyalty, and Duty of Obedience (p6). 

The PPM continues, 

“The Duty of Care calls upon a member to participate in the decisions of the 

Board and to be informed as to the data relevant to such decisions. In essence, 

the Duty of Care requires that a member:

 

Be reasonably informed—It is the duty of all Board members to seek and study 

the information needed to make a reasoned decision and/or recommendation on 

all business brought before the Board. The NOP will provide some of that 

information, but other information must be developed from independent sources.”

The National Organic Standards Board members study and evaluate all public 

communications, written and verbal communications, as a function of the NOSB 

role and duties, in order to benefit the organic community. In so doing, National 

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Organic Standards Board members are able to provide effective and constructive 

advice, clarification and guidance to the Secretary of Agriculture and the NOP. 

NOP said in the National Organic Program Newsletter, December 11, 2011:

The members of the National Organic Standards Board (NOSB) and the National 

Organic Program (NOP) often receive letters and requests from people 

interested in our upcoming regulatory activities and meetings. In this note, we 

summarize the best way to direct your letters and requests.

As a Federal Advisory Committee, the NOSB has a well-defined scope of activity. 

If you have opinions and requests to share with the Board, please use the public 

comment period that is open before each NOSB meeting to submit your 

thoughts. Or, submit a formal National List petition for consideration using the 

guidelines provided in the link below.

The NOP is the best place to send your letters outside the NOSB public 

comment and petition process. In addition to formal public comment periods on 

specific regulatory actions, we are always open to comments on a variety of 

topics related to organic agriculture. While we cannot guarantee that every letter 

will receive a direct response, your letters do get an audience and help us 

identify and prioritize needs. We look forward to hearing from you!

This explanation by NOP describes the current official means of communication 

outlined in the PPM, which does not prohibit other forms of communication 

between the public and NOSB members. The NOP statement, however, 

suggests a need to clarify the ability of the public to communicate with NOSB 

members outside of Board meetings and the public comment period to inform 

the ongoing deliberations of committee work.

III. Summary

The National Organic Standards Board through it Policy and Procedures Manual 

establishes procedures for its activities. The Manual, “is designed to assist the Board in 

its responsibilities” (PPM, p4), and establish procedures for carrying out its 

responsibilities in accordance with its advisory mission.

Because of the opportunities that the Board has to hear from the organic community in 

the course of fulfilling its mission, it has both an opportunity and responsibility to bring to 

the Secretary of Agriculture information that it believes may impact on the 

implementation of OFPA. This communication may, by necessity, extend to organic 

standards and practices as well as related issues that may affect those standards and 

practices. Therefore, based on the communications and input it receives from the public 

the National Organic Standards Board may provide effective and constructive advice, 

clarification, and written information, as it deems necessary, directly to the Secretary of 

Agriculture after each of its Board meetings. 

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Additionally, and 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 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 and the community decision making process. The procedures of the Board 

should facilitate public communication with Board members in the course of those 

deliberations.

IV. Recommendations

PPM, Section VI, Miscellaneous Policies, page 26 is amended by adding a new 

subcategory (in italics):

NOSB Policy on Its Advisory Role and Communication with the Secretary of 

Agriculture

Based on the communications and input it receives from the public the National Organic 

Standards Board may provide effective and constructive advice, clarification, and written 

information, as it deems necessary, directly to the Secretary of Agriculture after each of 

its Board meetings. This information is intended to facilitate public communication with 

the Secretary on critical issues that may emerge that it believes are important to the 

implementation and integrity of the organic standards and practices under the Organic 

Foods Production Act.

PPM, Section VI, Miscellaneous Policies (page 27), is amended by adding a new 

subcategory (in italics).

NOSB Policy for Public Communication Between NOSB Meetings.

The NOSB accepts public communications to NOSB members outside of Board 

meetings and public comment periods to inform the ongoing deliberations of committee 

work. The Board requests that communications on specific subject matters be sent to 

the entire Board membership of the relevant committee or, on matters relating to the full 

Board, be sent to all Board members.

PPM Section II (page 13) Role of the Executive Director is amended to include the 

following language (in italics):

Receive and maintain an archival record of all communications submitted by the public 

to the National Organic Standards Board and make communications available to the 

Board members. 

Maintain a public listing posted on the NOP website of contact information for NOSB 

members, including an email address or other points of contact.

V. Committee Vote

 Moved: Jean Richardson Second: Jennifer Taylor

Yes 6 No 0 Abstain 0 Absent 2 Recuse 0 

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