National Organic Standards Board Meeting 

Fall 2019: National Organic Program Update

Jennifer Tucker, Ph.D. 

Deputy Administrator

National Organic Program

October 2019
Welcome to Pittsburgh! 

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1,591 Certified Organic Farms & Businesses in Pennsylvania
NOP Update Agenda

• Goals and Priorities • Enforcement Updates • Strengthening Organic 

Enforcement Proposed Rule

• NOP Organization Update • Other Updates

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National Organic Program Goals

1 Strong Organic 

Control Systems 

Trusted People, 

Processes, and Rules

2 Farm to Market 

Traceability 

Worldwide Supply 

Chain Integrity 

3 Robust

Enforcement 

A Level Playing 

Field for All 

4 Support the Standards; 

Collaborate with Community 

Engagement and 

Transparency

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FY 2020 Priorities 

• Rules: Strengthening Organic Enforcement, Origin of Livestock, 

National List 

• Enforcement: Investigations and Surveillance 

• Import Certificates

• International Arrangements

• Federal Partnerships

• Certifier and Other Partner Training

• Launch Noncompliance Library and Certifier Portal

• Building the Organization

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• Goals and Priorities 

• Enforcement Updates 

• Strengthening Organic 

Enforcement Proposed Rule

• NOP Organization Update 

• Other Updates

NOP Update Agenda

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Robust Enforcement: A Level Playing Field

• Complaint Investigations

• Market Surveillance

• Coordination with Federal 

Enforcement Agencies

• Import Oversight 

• Livestock Compliance

• Grain and Oilseed Handling

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Risk-Based Analysis and Projects 

FARM–LEVEL 

YIELD ANALYSIS 

STUDIES 

TRADE DATA 

TREND ANALYSIS

COUNTRYCOMMODITY 

STUDIES 

SHIP-SPECIFIC 

SURVEILLANCE 

Where Organic Grows, We Go! 

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Livestock Compliance: Continuing Focus

• Unannounced visits continuing

across U.S. - Risk-based selection. 

• Investigations have led to certifier 

and operation adverse actions 

• Training available now to improve 

certifier and inspector consistency!

• Origin of Livestock Rule Comment 

period reopened - Closes Dec. 2. 

Visits Investigations 

Training Rulemaking

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Grain & Oilseed Fraud: Continuing Focus

Multi-million dollar problem

• Organic grains & feedstuffs have high price premiums

• Bulk commodities: hard to trace – long shelf lives, 

open storage, long supply chains

• Import Challenges: High-volume from 

Black Sea, Argentina, and India

• Domestic Challenges: Processors 

represent non-organic product as organic 

• Investigations & Surveillance increasing
Many Hands Beyond NOP.... 

Foreign 

Governments 

Foreign 

Agricultural 

Service 

USDA Office 

of Inspector 

General 

Other Federal 

Agencies 

(CBP, DOJ, FTC)

Certifiers State Organic 

Program (CA) Public 

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Risk-Based Control System Oversight 

Inspections

(Annual Certification, Unannounced Visits, Random Checks)

Farm > Aggregator > Processor > Broker > Shipper > 

Wholesaler > Retailer > Consumer

Certifier Information Sharing Speeds Fraud Detection! 

Surveillance

(Supply Chain Monitoring, Mass Balance Checks, 

Targeted Visits for High Risk Areas/Activities)
Outcomes

>275 operations 

have lost 

certification in 

Black Sea Region

High profile 

criminal & 

appeals cases 

are deterrents

Suspensions & 

settlement 

agreements ensure 

sound systems 

Certifiers 

improving around 

the world – more 

denials, actions 

Completed 412

investigations 

Resolved >250

inquiries 

>600

C&E customers 

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0

100

200

300

400

500

600

700

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Complaints Closed Inquiries Resolved

Complaint 

Completed 

by 

Fiscal Year

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Continuous Improvement 

Training Programs

Webinars and Fact Sheets 

Enforcement Updates 

Country-Commodity Activities

Regional Directives 

Surveillance

Company-Specific Alerts

Certifier Non-Compliances, 

Settlements, Suspensions 

Operation Level Non-Compliances, 

Settlements, Suspensions/Revocations 

Civil Penalties/Prison

Scale

Broad-Based, 

IndustryLevel 

Certifier 

Level 

Operation 

Level 

Capability Development Enforcement Goal

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NOP Update Agenda

• Goals and Priorities 

• Enforcement Updates 

• Strengthening Organic 

Enforcement Proposed Rule

• NOP Organization Update 

• Other Updates

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Strengthening Organic Enforcement: New Rule

• Organic has grown! So has supply chain complexity...

• Proposed Rule shaped by: 

– Farm Bill, Program Experience, Stakeholder Feedback 

–National Organic Standards Board Recommendations 

This rule is a game-changer

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Strengthening Organic Enforcement Rule

Transforming the organic regulations to meet market needs:

Increasing accountability and visibility 

Fewer Exemptions

Increase 

Handler 

Certifications

Import Certificates

Electronic 

Certificates for 

all Imports

Enhanced Oversight

Strengthen 

Accreditation 

and Certification 

Oversight

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Strengthening Organic Enforcement

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Look for Proposed Rule for Comment: Late 2019 

Robust 

Inspections 

Unannounced 

Inspections

Inspector Training

Traceback and Mass 

Balance Audits

Grower Groups

Confirming 

Organic Status 

Nonretail Labeling 

Standardized Organic 

Certificates 

Data Reporting

Certifier Information 

Sharing

Overseeing 

Certifiers

90-day Notification:

New Offices

Equivalency Reviews

Adverse Action 

Processes
Next Steps

• Publication, proposed rule – Late 2019

• Comment Period - 60 days. Businesses affected encouraged to

submit comments during this period

• Best Practices for comments:

–Describe concern and impact

–Offer alternative solutions

– Respond to questions in rule

• All comments will be public and viewable at www.regulations.gov

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Import Certificates: Technology Steps 

Early Pilot Testing: 2020 

Data Entry/Approvals

Operations 

Certifiers 

(Use Existing Import 

Filing Processes) 

Import Certificate

CBP Automated 

Commercial 

Environment (ACE)

USDA Data Access

Data Analytics

Visualization 

Decisions and Action

Reporting & Trends

Investigations

Risk-Based Surveillance

USDA Agricultural Marketing Service | National Organic Program
NOP Update Agenda

• Goals and Priorities 

• Enforcement Updates 

• Strengthening Organic 

Enforcement Proposed Rule

• NOP Organization Update 

• Other Updates

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Expanding the NOP Organization 

National 

Organic Program

Standards Accreditation Compliance & 

Enforcement

International 

Activities 

Trade 

Systems

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We Are Hiring! 

Recruiting for Multiple Positions – Fall 2019:

• National List Manager – Washington, D.C. only

• Auditors – may be based anywhere in the continental U.S.

• Accreditation Managers – Washington, D.C. only

• Compliance & Enforcement Specialists – Washington, D.C.

Interested? 

• All jobs will post on www.USAJobs.gov.

• Set up a search and daily alerts for positions in USDA 

Agricultural Marketing Service.

• NOP job titles are often: “Agricultural Marketing Specialist” or 

“Compliance Officer.”

• APPLY EARLY – Federal job announcements are typically open 

for 7 days and may have a cap on the number of applicants.

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As We Grow: Avoiding Conflicts of Interest

Recruiting/

Hiring 

• Office of Personnel Management rules drive the 

recruiting process

• Human Resources screens all candidates before NOP 

receives list of qualified people

• All Federal employees take Oath of Office and commit to 

avoiding conflicts of interest

• Employees bound by Ethics Rules and Code of Conduct

Certifier and 

Enforcement 

Case 

Assignments

• No NOP staff member is assigned to cases or certifiers 

they used to work with

• Three year minimum (one accreditation audit cycle), 

but in practice, lasts much longer

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As We Grow: Avoiding Conflicts of Interest

Appeals • Appeals of NOP-issued adverse actions are decided by 

people outside the program

Contracting • NOP follows Federal Acquisition Regulations for all 

contracting activities; prohibits conflicts of interest 

• All contract staff must review and sign Non-Disclosures 

to ensure confidentiality and Conflict of Interest 

declarations

Certifier 

Oversight of 

Operations 

• NOP reviews certifier adverse action processes and 

issues noncompliances to certifiers when needed

• We also check for COIs across certifier staff/leaders

• 415 operations suspended or revoked since Jan. 2019

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NOP Update Agenda

• Goals and Priorities 

• Enforcement Updates 

• Strengthening Organic 

Enforcement Proposed Rule

• NOP Organization Update 

• Other Updates

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National List Updates 

• Sunset 2019 Renewals: Published

• National List Proposed Rule in 

Response to October 2018 NOSB 

Recommendations: Open for 

Comment until December 17

• National List Final Rule in Response to 

April 2018 NOSB Recommendations: 

Published Today!

• Biodegradable Mulch Study 

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Organic Integrity Learning Center 

• Enrollment Update: 

>1,500 Accounts 

>200 Completions per Lesson

• Coming Upgrade: 

– Introduce Course Certificates 

• Upcoming Courses:

– Advanced Investigations 

– Fraud Prevention (OTA) 

– Certification Administration 

– Material Reviews (OMRI) 

– Tools for Traceability 

Public Sign-Up Process 

Individual or Group 

Requests:

USDA-NOP@apvit.com

Include: User Name, 

First Name, Last Name, 

Organization, Email

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Gene Editing 

• Many public comments for this NOSB meeting focused on 

gene editing in organic agriculture. 

• The Excluded Methods definition in the USDA organic 

regulations does not allow for gene editing: it is prohibited. 

• USDA encourages continued robust dialogue about the role 

of new technologies and innovations in organic agriculture.

• Changing the definition of Excluded Methods is not on the 

USDA regulatory agenda. 

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Containers • June 2019 Memo upheld existing 

USDA regulations for organic 

container systems.

• Increased consistency across 

certifiers. 

• Certifiers evaluate land use 

histories for compliance with the 

regulations. 

• Prohibited substances are not 

allowed in organic production.

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Questions from the Board? 

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