United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

1

February 27, 2014

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

FROM: Miles V. McEvoy

Deputy Administrator

Agricultural Marketing Service

National Organic Program (NOP)

SUBJECT: National Organic Standards Board (NOSB) Training Summary

USDA, the Agricultural Marketing Service (AMS), and the National Organic Program (NOP) 

thank you for coming to Washington D.C. for the National Organic Standards Board (NOSB) 

training on February 4-5, 2014. To follow-up on that training, and to support transparency for the 

public, this memo reviews key points from the training. The slides from the training have been 

posted, and can be accessed from the NOSB meetings page on the NOP website. 

Much of the organic industry's and NOP's success is due to the expertise and personal dedication 

of current and past NOSB members. The NOSB plays a critical role in advising USDA about the 

crafting of the national organic standards and implementing the Organic Foods Production Act

(OFPA). The work you do both supports organic integrity, and a thriving organic sector. 

Regulatory Setting 

During our training, the USDA Office of General Counsel presented overviews of both OFPA 

and the Federal Advisory Committee Act (FACA). AMS and NOP are bound by both authorities. 

The Organic Foods Production Act was passed as part of the 1990 Farm Bill. OFPA established 

the NOSB and authorized creation of the USDA organic regulations. Along with many other 

requirements, it states that the USDA Secretary shall establish an NOSB in accordance with 

FACA to assist in developing standards for substances to be used in organic production and to 

advise the Secretary on other aspects of OFPA implementation. OFPA describes the respective 

responsibilities of both the USDA and the Board.

FACA, and its implementing regulations, describe how Federal advisory committees, like the 

NOSB, are to be governed and managed. FACA committees are established for the purpose of 

obtaining advice or recommendations on issues or policies within the scope of an agency 

official’s responsibilities. Like the NOSB, many FACA committees are statutory (e.g., created 

by a law like OFPA). As a FACA committee, the NOSB is not an independent organization, and 

it does not set policy or make regulatory decisions; it exists to advise the Secretary. AMS has 

been delegated authority to implement OFPA and the National Organic Program. AMS and the 
United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

2

NOP are responsible for managing the NOSB, and in accordance with FACA rules and 

associated USDA directives. 

Agency Responsibilities for NOSB Management 

During the NOSB training, we discussed AMS and NOP responsibilities for managing the

NOSB. As examples, AMS and NOP must:

• Comply with FACA 

• Issue administrative guidelines and management controls for advisory committees

• Assign a Designated Federal Officer (DFO) for each advisory committee and its 

subcommittees

• Determine that staff, experts and consultants to advisory committees are justified and 

levels of agency support are adequate

• Develop procedures to assure that the committee’s recommendations will not be 

inappropriately influenced by the appointing authority or by any special interest, but will 

instead be the result of the committee's independent judgment

• Assure that the interests and affiliations of advisory committee members are reviewed 

for conformance with applicable conflict of interest statutes, regulations issued by Office 

of Government Ethics, and any supplemental agency requirements. 

FACA requires that AMS and NOP guidelines for managing the NOSB provide clear operating 

procedures for the conduct of advisory committee meetings and other activities, and describe the 

roles of the advisory committee members, the DFO, and staff. 

NOP’s success is measured in part by its success in managing the NOSB. Key questions include: 

• Are recommendations within the NOSB’s scope (defined by the OFPA statute and 

agency responsibilities)?

• Are NOSB and program resources being used effectively and efficiently? 

• Is the NOP asking for advice that it can act upon? 

• Are appropriate management structures and processes in place and functioning?

FACA shapes how NOP is to manage the NOSB. The following sections summarize key 

elements of NOP’s approach to implementing FACA in the future. 

Policy and Procedures Manual 

The NOSB Policy and Procedures Manual (PPM) is a valuable resource for the NOSB, NOP, 

and the public. From 2002-2013, the PPM was developed by the NOSB, with all revisions open 

to public comment. Moving forward, AMS will take a leadership role with the PPM. The PPM

content will include: 
United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

3

• Existing sections in the PPM that were developed by the NOSB and that are working 

well. These will be kept as is. 

• NOP-developed policies and procedures that involve or impact the NOSB. Examples of 

these types of documents include NOP’s memo to the NOSB on Conflict of Interest, and 

the notice outlining the revised National List Sunset review process. 

• Updated parts of the PPM that the NOP will revise on its own, to update the PPM to align 

with current policy and/or practice. 

Work Plan

The work plan is the document that lists the NOSB’s projects for the coming semester or year. 

The public may petition additions or deletions from the National List that will be added to the 

work plan. In addition, the public may submit comments to the NOSB or write to the NOP for 

potential additions to the work plan. For the NOSB, work plan items may emerge from 

discussions on current issues. 

FACA requires that agencies effectively use resources, meaning that the NOP should not ask for 

advice we can’t act on. As such, future work plan items will only be added if they meet the 

following criteria: 

• Within Scope: Item must be within the scope of OFPA and within AMS authority.

• USDA and NOP Priority: Item must be a priority for the USDA/NOP; and something 

that the NOP is able to implement in a reasonable timeframe. 

• Clear Need: Item must reflect a clear need for the NOP and/or organic community, for 

which new or additional information or advice is needed. As noted above, anyone can 

write to the NOP at any time to share their thoughts on what those needs are. 

• Clear Scope: NOP must have a clear sense of the intent and scope of the work plan item. 

The work plan is driven first by substance evaluations (e.g., petitions, sunset) and formal 

requests (via memos) that NOP has provided NOSB. The NOP and NOSB’s Executive 

subcommittee review the work plan before each public meeting, and the NOP approves the final 

plan to drive the NOSB’s work. 

Subcommittee Proposals

Once a work plan is assigned to a subcommittee, NOP must ensure that the subcommittee is not 

inappropriately influenced by the appointing authority (e.g., the NOP itself) or by any special 

interest. The NOP, however, may reject a subcommittee proposal for posting for public comment 

if it does not meet set criteria. Criteria for proposal acceptance include: 

• Within NOSB Scope: All work plan items must have been within scope to be on work 

plan; once written, document must also be within scope of OFPA and agency authority.
United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

4

• Implementable: An item must have been a USDA and NOP priority to be on work plan; 

once written, the content of the completed product must be something that NOP can 

implement if the ultimate recommendation is passed by the NOSB and accepted by NOP.

• Requests for Public Comment: Public comment is vital in shaping NOSB advice; to 

request comments, a given topic or question posed for public comment must be within, 

and not conflict with, AMS and OFPA authority.

• Quality and Clarity: The document must be clearly written. If two opinions or a 

minority opinion are included, the motion being voted on by the NOSB must be clear. 

Public Meetings 

FACA also governs the conduct of NOSB public meetings. The NOP’s Designated Federal 

Officer (DFO) calls, attends, and adjourns committee meetings; develops and approves agendas; 

and ensures efficient operations during the meeting itself. In preparing NOSB agendas, NOP 

considers several factors: time to allow NOSB discussion of work plan items that have yielded 

acceptable discussion documents or proposals; reasonable time for public comments; time for 

presentations and expert panels; and cost. 

NOSB meetings are open meetings with opportunities for public comment. Any member of the 

public is permitted to file a written statement with the advisory committee, and may speak to or 

address the advisory committee within guidelines set by AMS and NOP. AMS must allow 

reasonable time and space for the meeting. Meetings must be announced 15 days in advance in 

the Federal Register (NOP strives for 30 days); meeting minutes are publicly available. 

Only two substantive changes to the public meeting are anticipated for Spring 2014. First, 

consistent with other FACA committees, NOP may choose to Co-Chair this and future NOSB

meetings. Second, only minor adjustments to discussion documents and proposals will be 

allowed before the NOSB votes. If public comments lead to substantive changes, the document 

will be returned to the subcommittee for revision. 

Summary 

Collaboration and public engagement are cornerstones of the relationship between the NOP, the 

NOSB, and the organic community. The guidelines outlined at the NOSB training and in this 

memo are designed to foster this collaboration, by clarifying roles and responsibilities; being 

transparent with the factors and criteria that shape the NOSB’s work; and setting the stage for 

productive and engaging public meetings far into the future. We appreciate your service to the 

USDA and the organic community, and look forward to seeing you in April 2014.