USDA National Organic Program

National Organic Standards Board Meeting

April 25, 2016

Miles V. McEvoy, Deputy Administrator

USDA Agricultural Marketing Service

National Organic Program
The National Organic Program (NOP)

• Mission: 

Ensure the integrity of USDA organic products in the 

United States and throughout the world

• Vision: 

Organic Integrity from Farm to Table,

Consumers Trust the Organic Label 

• Core Role: 

Implement the Organic Foods Production Act and 

the USDA organic regulations 
What Does the Program Do? 

• Develop and maintain organic standards

• Accredit and oversee third party organic certifying agents, 

who review, inspect, and approve organic producers and 

handlers 

• Implement international organic trade agreements

• Investigate complaints of violations (example: uncertified 

farmer selling food as organic, selling conventional food as 

organic) 

• Support the work of the National Organic Standards Board

• Oversight Responsibility: 

80 certifying agents worldwide

31,000 certified organic operations

$39 billion in U.S. organic sales (2014)

National Organic Program | Agricultural Marketing Service 
Clear 

Standards

Market Access: 

Local, Regional, 

International

Protect 

Organic 

Integrity

Build Technology that 

Advances Organic 

Integrity

AMS-NOP Strategic Plan 2015-18

People and 

Process

4
Protecting Organic 

Integrity
10 Points of Organic Integrity

1. Clear/enforceable 

standards

2. Communication

3. Transparency

4. Certification

5. Complaints

6. Penalties

7. Market surveillance

8. Unannounced 

inspections

9. Periodic residue 

testing

10. Continual 

improvement

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Compliance & Enforcement

FY 2015 and 2016

7

FY 2015 FY 2016

Compliance & Enforcement: Overall Summary Oct 1-Mar 31

Incoming Complaints 549 191

Completed Complaints 390 175

Summary of Initial Actions Taken

Cease & Desist Orders 36 14

Notices of Warning 121 54

Civil Penalties Levied

Total Number 8 5

Total Amount $1,872,875 $946,250
Compliance & Enforcement

FY 2016

• Posting Enforcement Documents

– Highlights enforcement of OFPA and USDA organic regulations

– Intended to increase transparency

– Enforcement records involve certified and uncertified 

operations

• Initial document postings include:

– 6 settlement agreements finalized in FY 2016

– 3 AMS Administrator Decisions finalized in FY 2016

– Over 25 ALJ decisions and orders from 2004 through 2016

– A link to all Judicial Officer Decisions and Orders since 2004

• NOP plans to post new and historical documents going forward

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Notable Enforcement Actions 

Yorgo Foods Inc.

• On April 1, 2016, Yorgo agreed to a $340,000 civil penalty and a 

three-year suspension for the sale of products as organic 

without certification. 

Saul Farms

• On March 30, 2016, Bernard Saul pleaded guilty to wire fraud 

and money laundering in connection with the sale of 

conventional alfalfa seed as organic. NOP and the Idaho State 

Department of Agriculture assisted the USDA-OIG with the 

investigation. 

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Freedom of Information Act (FOIA)

• Since 1967, the Freedom of Information Act (FOIA) has provided the 

public the right to request access to records from any federal agency.

• Federal agencies are required to disclose any information requested 

under the FOIA unless it falls under one of nine exemptions which 

protect interests such as personal privacy, national security, and law 

enforcement.

• The FOIA also requires agencies to proactively post online certain 

categories of information, including frequently requested records. As 

Congress, the President, and the Supreme Court have all recognized, 

the FOIA is a vital part of our democracy.

• President Obama and the Department of Justice have directed 

agencies to apply a presumption of openness in responding to FOIA 

requests. AMS works in a spirit of cooperation with FOIA requesters. 

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Freedom of Information Act (FOIA)

• FOIA requests are processed within 20 business days.

• NOP staff responsible for identifying responsive records.

• Records must be reviewed to:

– Ensure they are responsive records

– Redact information that falls under the 9 FOIA exemptions

• Some FOIA requests are straight forward, many involve hundreds or 

thousands of pages, and years of records.

• Currently 2 NOP staff members are dedicated to FOIA with additional 

staff support as needed. 

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National Organic

Standards Board
National Organic Standards Board (NOSB)

The NOSB is a Federal Advisory Committee which 

assists and advises USDA. It has 

– a charter with established mission and duties

– a Designated Federal Official (DFO) 

– Subcommittees and Chair

– Opportunity for public participation

• Renewed charter necessary for NOSB to continue to 

operate. We plan to have renewed charter posted 

soon.

USDA Agricultural Marketing Service | National Organic Program 13
NOSB Call for Nominations

• Five open positions

– One organic producer

– One individual with expertise in environmental 

protection and resource conservation

– One scientist

– One handler or processor

– One who represents public interest or consumer 

interest

• Written nominations must include cover letter, 

resume, and a required form (available on USDA 

website)

• Applications must be postmarked on or before: 

– June 3, 2016

USDA Agricultural Marketing 

Service | National Organic 

Program

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NOSB Recommendations 1994-2015

• Practice Standards

– 178 recommendations

– 149 addressed

– 24 In Process (e.g. aquaculture, animal welfare)

– 5 outstanding

• Expiration dates on certificates

• Inspector Qualifications

• Retail Compliance and Certification

• Mushrooms

• GMO prevention strategy guidance

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NOSB Recommendations 1994-2015

• National List

– 280 recommendations

– 254 addressed

– Outstanding are recent and in process 

• Sunset

– 129 reviews completed

– Outstanding sodium nitrate

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NOSB Recommendations on Hydroponics

• 1995: NOSB recommended that “Hydroponic production in 

soilless media to be labeled organically produced shall be 

allowed if all provisions of the OFPA have been met.”

• 2005: NOP confirmed that hydroponic operations may be 

certified organic if produced in compliance with the regulations.

• 2010: The NOSB greenhouse recommendation stated that USDA 

shouldn’t allow organic crops to be produced using hydroponic 

methods.

• 2015: AMS established Hydroponic/Aquaponic Task Force

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Service | National Organic 

Program

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NOSB Task Force

AMS established a hydroponic-aquaponic task force to 

report on the compatibility of these systems with the 

USDA organic regulations and the Organic Foods 

Production Act (OFPA).

The task force will provide a report to the NOSB on

• (i) current hydroponic and aquaponic production 

methods used in organic production, and 

• (ii) whether these practices align with OFPA and the 

USDA organic regulations. 

USDA Agricultural Marketing 

Service | National Organic 

Program

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Organic Hydroponic and Aquaponic Operations

The NOP has conducted two surveys of accredited certifying agents on certification of 

hydroponic, aquaponic and related production systems to the USDA organic regulations.

• 2010 Survey to Certifiers

– Hydroponics not defined.

– Results may include hydroponic, aquaponic and container-based production systems.

– No certification of aeroponics reported.

• 2016 Survey to Certifiers

– Hydroponics defined as: 

• Production systems of containment that derive the majority of nutrients for plants 

from water and/or small amounts of growing media. 

• Includes systems that rely on mineral nutrient solutions and those that rely on 

biological activity in the water or growing media for nutrient availability.

• Includes aquaponics, which uses fish effluent in the water as a nutrient supply. 

• Examples of systems: nutrient film technique (NFT), deep water culture, raft, ebb 

and flow, sand/gravel bed.

– Container-based production: 

• Examples of systems: pots, upright bags, Dutch bucket. 

– No certification of aeroponics reported.

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Organic Hydroponic and Aquaponic Operations

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2010 Survey to Certifiers

• 8 certifiers certify hydroponics

• 39 certified hydroponic operations

2016 Survey to Certifiers

• 17 certifiers certify hydroponic and aquaponic operations

• 30 certified hydroponic operations 

• 22 certified aquaponic operations

• 69 certified container-based operations

• Crops: 

– herbs, greens, tomatoes, peppers, and other mixed vegetables (incl. pea 

shoots, microgreens, watercress), berries, edible flowers.

• Geographic location of operations: 

– CA, Mexico, AZ, NM, TX, CO, MI, the Netherlands, OR, HI, WA, MO, LA, KS, 

ME, PA, GA, NY, NJ, OH, NC, FL, AK, VA
Organic Integrity 

Database
Vision: The Organic INTEGRITY Database 

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Service | National Organic 

Program

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The Organic INTEGRITY Database is a modernized 

certified organic operations database that:

• Contains up-to-date and accurate information 

• Increases supply chain transparency 

• Promotes market visibility for organic operations 

Funding provided by 2014 farm bill

$5 million over 5 years
In Our First Releases: 

Certifier Account 

Management

Expanded Set of 

Information About 

Operations 

New Product List 

and Classification

Data Upload & 

Download

(Excel)

Screens Supporting 

Certifier 

Interaction

Public Search 

and Monthly 

Data Reports

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Service | National Organic 

Program

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Public Interfaces (Basic Search)

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Service | National Organic 

Program

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Release 3 and Beyond (2016-2017)

Planned Development Over the Next Year

• Advanced Search Enhancements

– Search by Operation Status Effective Date (e.g., 

show me operations certified since March 2016)

– Improved Product Level Search

– Exact Word and AND/OR Search for Products

• Certifier Profile and “Find a Certifier” Search 

Reinstatement Management

• Complete Flat File Data Export from Search Results

• Operation Certificate Module

• Working closely with certifiers to improve data 

quality and to encourage frequent data uploads. 

USDA Agricultural Marketing 

Service | National Organic 

Program

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USDA Agricultural Marketing Service 

National Organic Program

Sound and Sensible 

Organic Certification 

Education and Outreach Tools 
Sound and Sensible Organic Certification

Organic certification that is affordable, 

accessible and attainable for all operations:

• Affordable: Reasonable fees, reasonable 

compliance costs

• Accessible: Certifiers and technical 

assistance available locally

• Attainable: Clear and understandable 

standards, plain language, reasonable 

record keeping requirements
About the Projects

• Awards: 14 projects were 

awarded to 13 organizations

• Geographic coverage of projects: Southeast/Gulf States; 

New England; Northwest; California; Mid-Atlantic

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Examples of Products 

• Interactive video that helps candidate organic farmers 

“chose their own adventure” on the path to 

certification (WILL Interactive: “The Road”) 

• Short topic-by-topic video clips that explain organic 

certification requirements, such as transitional 

certification and choosing a certifier. (Florida Organic 

Growers: “Bite by Bite”)

• Recordkeeping Case Studies: 4 successful recordkeeping 

models from different types of farms, covering topics 

like materials records, seed searches (Oregon Tilth) 

• Peer Walk Peer Education Guide: Train-the-trainer guide 

that walks through how to conduct a farm walk training 

session with candidate farmers (WSDA) 

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Project Launches

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• Launch 1: Organic Value Proposition: 

Why Go Organic, and Where to Start

• Launch 2: Organic Standards and Certification:

How-To Resources

• Launch 3: Teaching Others: 

Outreach and Education for Candidate Farmers

• Launch 4: Spanish Resources:

Sound and Sensible Resources in Spanish
Organic Standards
Final Guidance

Final Guidance:

NOP 5023 – Final Guidance: Substances Used in 

Post Harvest Harvesting 

NOP 5020 – Final Guidance: Natural Resources 

and Biodiversity Conservation

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Substances in Post-Harvest Handling

• Clarification on whether a substance is 

acceptable for use in post-harvest handling

• Post-harvest handling can be carried out 

– on-farm following harvest or 

– in a handling (processing) facility

• Facility pest control in on-farm post-harvest 

facilities and in handling facilities is the same. 

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Substances in Post-Harvest Handling

• Substances that can be used: 

– Non-synthetic substances allowed for crop 

production that are not restricted or 

prohibited in § 205.602 of the National List 

– Synthetic substances that are listed in 

§205.601 specifically for post-harvest use

– Substances listed in § 205.605 of the National 

List, according to restrictions

– Inert ingredients in pest control substances 

must be allowed in § 205.601(m) or meet one 

of the conditions above

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Substances in Post-Harvest Handling

• Facility Pest Management: 

– Non-synthetic and synthetic substances list in 

§§ 205.601, 205.603 or 205.605 are allowed in 

accordance with any restrictions

– EPA registered pesticide used in facilities must 

be registered for that use

– Inerts must be nonsynthethic or be allowed in 

§ 205.601(m), § 205.603(e), or § 205.605 of 

the National List

– Preventative practices apply to all handling 

facilities, whether on or off farm

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Natural Resources and Biodiversity 

• §205.200 requires operations to maintain or 

improve the natural resources of the operation, 

including soil and water quality.

• Guidance was developed in collaboration with 

the USDA Natural Resources Conservation 

Service (NRCS) 

• Provides examples of production practices that 

support conservation principles.

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Natural Resources and Biodiversity 

• Responsibility of organic operations: 

– Organic System Plan (OSP) must describe how 

biodiversity will be maintained or improved

– Operations that participate in NRCS activities 

can refer to a current NRCS plan as a part of 

their OSP

– Split operations can use their non-certified 

land for conservation efforts that benefit 

certified land

– Examples:

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Natural Resources and Biodiversity 

Responsibility of certifiers and inspectors: 

• Verification of OSP biodiversity practices

• Inspectors must be qualified assess compliance 

with maintaining/improving soil and water 

quality.

• Appendix A offers best-practice examples:

– planting diverse species, 

– controlling livestock access to biologically 

sensitive areas

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Under Development 

• Final Guidance

– Classification of Materials

– Crop Materials

• Draft Guidance

– Treated Lumber

– Calculation of Organic Ingredients

– Livestock Materials 

– Pesticide spray drift

• Instruction

– Material Review

– Private Label

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Under Development 

• Final Rule

– Origin of Livestock

• Proposed Rule

– Aquaculture

– Pet Food

– Apiculture

– Import Certificates

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Organic Livestock and Poultry Practices

• Organic Foods Production Act of 1990 (OFPA)

– Livestock practices to be developed with NOSB and notice 

and comment rulemaking.

• Preamble to USDA National Organic Program (NOP) final rule

– Further collaboration between NOSB and NOP for species- specific standards.

• USDA Office of the Inspector General

– Develop and issue guidance regarding outdoor access for 

livestock. 

• National Organic Standards Board

– Nine recommendations on livestock and/or poultry 

practices from 1994 to 2011. 

• Prior AMS action on organic livestock practices

– Access to Pasture Rule, implemented in 2010.

USDA Agricultural Marketing 

Service | National Organic 

Program

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42

Very different 

“access to the 

outdoors”

Both are certified 

organic.
Next Steps

• Proposed rule available at 

https://www.ams.usda.gov/rulesregulations/organic-livestock-and-poultrypractices

• Published in Federal Register April 13

• 60 day public comment period – closes June 13

• Public webinar on April 15, slides and recording 

on AMS website

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Service | National Organic 

Program

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USDA Agricultural Marketing Service | National Organic Program 44
Thank You

Organic Integrity from

Farm to Table, 

Consumers Trust the

Organic Label

www.ams.usda.gov/nop