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Organic Integrity from Farm to Table, Consumers Trust the Organic Label

Around the world, there are hundreds of thousands of 

people working in organic agriculture and trade. Organic 

farmers in Mexico are starting the coffee harvest. Organic 

farmers in Australia are preparing fields for planting. In the 

Pacific Northwest, organic fruit handlers are packing 

apples and pears. In the Midwest, organic dairies are 

ending the grazing season and ensuring they have enough 

organic feed for the winter months. Organic processors 

are baking bread, canning tomatoes, and making wine. 

Around the world, organic food is being grown and the 

harvest is coming in.

Let’s give thanks for the dedication and care that organic farmers, ranchers, 

packers, processors and distributors put into growing, packing, and distributing 

organic food to markets and grocery stores. There are millions of consumers 

that buy organic products. They depend upon the quality and thoroughness of 

organic inspectors and certifying agents to verify the organic label. Organic 

inspectors and certifiers review Organic System Plans, sample and test products 

for prohibited substances, and conduct inspections and audits to ensure that 

organic standards are being met. Because of their work, consumers trust the 

USDA organic seal to indicate products comply with organic production and 

handling standards. 

The organic agriculture community is a passionate bunch with diverse 

backgrounds and experience. Let’s celebrate organics from the small farm to the 

large corporation – from local markets to international trade – all efforts that 

help to make the planet more sustainable for people and the environment. 

I also want to give a special shout out to members of the National Organic 

Standards Board (NOSB). The fifteen board members volunteer their time and 

provide their expertise and perspective to make recommendations to USDA on 

organic standards. It’s an incredible service they provide to the organic 

(Continued on page 2)

Table of Contents

1 Celebrating Organics

3 NOP Planning Organic Integrity 

Database

3 National List Update 

4 NOP Appeals: Updates and Tips

5 2014 Organic Integrity Update

6-8 Update From National Organic 

Standards Board (NOSB) Meeting

9 A Thank You to Departing NOSB 

Members

U.S. DEPARTMENT OF AGRICULTURE | AGRICULTURAL MARKETING SERVICE | NATIONAL ORGANIC PROGRAM

Visit the NOP online at www.ams.usda.gov/nop Join us on Twitter: @USDA_AMS | #USDAorganic

Celebrating Organics!

November 2014
2

Celebrating Organics! 

community. They study technical reports, listen to 

thousands of public comments, develop proposals, and 

make recommendations to USDA. We appreciate their 

service to the organic community in supporting organic 

agriculture and the integrity of the USDA organic seal. 

Four NOSB members are ending their 5-year terms in 

January 2015. Joe Dickson, organic retail representative 

from Whole Foods Markets, has provided his expertise 

on organic distribution and trade. Jay Feldman, 

environmental protection representative from Beyond 

Pesticides, has provided his expertise on pesticides, 

inert ingredients and many other substances. John 

Foster, organic handler representative from Earth 

Bound Farms, has provided his expertise on organic 

certification, production and handling. Wendy 

Fulwider, organic farmer representative from 

Wisconsin, has provided her expertise on animal 

welfare that led to the NOSB’s final recommendations 

on animal welfare. 

Let’s both celebrate and thank them for their service to 

organic agriculture. 

Sincerely,

Miles V. McEvoy

NOP Deputy Administrator

(Continued from page 1)

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Oaxacan organic coffee farmer and Deputy Administrator 

McEvoy celebrating the harvest during a witness inspection. 
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NOP Planning Organic Integrity Database

The National Organic Program (NOP) is in the planning 

phase to build a modernized database to replace the 

existing once-a-year posting of certified organic operations. 

The modernized system is called the Organic Integrity 

Database; funding for the project was provided in the 2014 

Farm Bill. 

The Organic Integrity Database will be a modernized 

certified organic operations database that will:

 Deter fraud by providing real time accurate information 

about operations certified to use the USDA organic seal 

 Reduce hundreds of phone calls from buyers, 

consumers, other certifiers to NOP and our 80 certifiers 

to confirm an operator’s current certification status

 Enable market research and supply chain connections 

between buyers and sellers of organic goods 

 Support international trading partner data needs: 

verification of operator status to support import/export 

certificates 

 Establish technology connections with certifiers to 

facilitate the exchange of accurate and timely data

 Increase pressure on suspended and revoked 

operations to stop marketing as organic, and increase 

NOP’s oversight reach over these operations

Certifier data will be the foundation of the new system, so 

the NOP wants to build a system that certifiers will want to 

use. Towards that goal, on November 6, NOP and the AMS 

Information Technology Service (ITS) held a “certifier user 

group” kickoff meeting. The certifier user group will 

actively participate in defining the requirements and design 

for the modernized database, and will help test the system 

as we complete different software versions. Certifiers 

attending the call represented the full spectrum of certifier 

organizations: large and small, and U.S. and international. 

In addition to starting the certifier user group, we are doing 

a market survey to learn about existing organic certification 

technology solutions. The Organic Integrity Database will 

not replace existing certification systems that certifiers like 

and that are working well. We plan to build a system that 

exchanges data with existing tools, so certifiers will want 

to use it to ensure that their clients’ most current status is 

available to the trade and the public through the NOP. 

For more information, contact NOP Associate Deputy 

Administrator Jennifer Tucker at 

Jennifer.Tucker@ams.usda.gov. We are particularly 

interested in hearing from you if: 

(1) you are a certifier representative that wants to join the 

certifier user group (no consultants or outside firms please; 

certifier employees only); 

(2) you want to refer us to an information technology firm 

with experience in developing organic certification 

systems. In this phase of planning, we will speak with any 

interested vendor, and welcome your suggestions!

The NOP has issued a “Sources Sought Notice” to hear from 

vendors with capabilities to support system development. 

Visit www.fbo.gov, and search for solicitation AG-4740-S15-0002A. Deadline: December 5, 2014. 

National List Update

Petitions

The following new petitions have been posted on 

the NOP website and sent to the NOSB for review:

Sodium bisulfate, § 205.603

Zinc sulfate, § 205.603

Calcium sulfate, § 205.601

Recent Technical Reports

The following new technical reports have been posted on the 

NOP website and sent to the NOSB for review:

Hydrogen chloride, § 205.601 (Sunset 2016)

Tetrasodium pyrophosphate (TSPP), § 205.605 (Sunset 2016) 

Microorganisms, § 205.605 (Sunset 2016)

Yeast, § 205.605 (Sunset 2017)

Waxes - Carnauba wax, § 205.605 (Sunset 2017)

Waxes - Wood resin, § 205.605 (Sunset 2017)

Orange shellac, § 205.606 (Sunset 2017)

View petitions and technical reports: 

www.ams.usda.gov/NOPNationalList
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NOP Appeals: Update and Tips 

Any operation or certifier that receives an adverse action 

notice related to organic certification or accreditation may 

appeal that adverse action. Examples of adverse actions 

include a Notice of Proposed Suspension or Revocation, a 

Denial of Certification or Accreditation, a Denial of 

Reinstatement, or a Cease and Desist Notice. 

The National Organic Program (NOP) Appeals Team and the 

Agricultural Marketing Service (AMS) Office of the 

Administrator implement the NOP appeal process using the 

U.S. Department of Agriculture (USDA) organic regulations 

sections 205.680 and 205.681. 

Here’s an update on appeals cases that we received and 

worked on in the government’s fiscal year (FY) 2014 

(October 1, 2013 through September 30, 2014).

 During the 2014 fiscal year, we received 40 appeals. This 

is fewer than in FY 2013, when we received 48 appeals; 

and FY 2012, when we received 44 appeals.

 We completed action on 44 appeals; there were four 

types of outcomes on these appeals. There was one (1) 

appeal that was dismissed because it was untimely. A 

total of twenty (20) were Closed without a Decision, 

which is done when the issue has been fully resolved, if 

the operator has been suspended or reinstated under a 

different action, or if an adverse action is 

withdrawn. There were nine (9) cases where AMS 

issued an Administrator’s Decision denying the appeal; 

this is done when AMS upholds an adverse action as 

valid and correct. Finally, fourteen (14) cases were 

resolved through a settlement agreement, where the 

appellant agrees to take certain actions to resolve and 

close the adverse action. 

 The 44 appeals resolved in FY 2014 were resolved in an 

average of 140 days. This is a faster average timeline 

than in 2013, when the average days to closure was 

194, and far faster than in 2012 when the average was 

294 days.

 As of October 31, the Appeals Team has 15 open 

appeals cases, open an average of 73 days. 

Tips for certified organic operators:

 Read ALL communication from your certifier, the 

National Organic Program, or a State organic program 

carefully and thoroughly.

 Do not ignore letters and notices. Make sure you 

understand if you need to take an action, and if so, what 

options are being given to you.

 Make sure you meet any response deadline.

 If you have a question about what a notice means, or its 

possible impact, ASK! Contact the person who sent you 

the notice.

 If you appeal an adverse action, and your appeal is 

acknowledged, take the opportunity to provide any 

additional information that supports your appeal. 

 Maintain a compliant recordkeeping system. Records 

are evidence and are important in the appeal process. 

 Consider requesting mediation with your certifier if you 

receive a proposed notice. Sometimes, mediation can 

result in a settlement agreement that will allow you to 

come into compliance quickly, without being suspended 

or revoked.
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2014 Organic Integrity Update:

Compliance and Enforcement, and Accreditation and International 

Activities - Year in Review Summary 

2014 Compliance and Enforcement

The NOP is committed to protecting the integrity of 

organic products and creating a level playing field for 

certified operations. To accomplish these goals, the NOP 

enforces the USDA organic regulations to the fullest 

extent possible, while protecting compliant operations 

from undue harm.

In FY14 (October 1, 2013 through September 31, 2014), 

NOP accomplished more with improved efficiency. We 

initiated over 200 investigative and enforcement actions. 

These included notices of warning, cease-and-desist 

notices, and referrals for investigation by certifiers, state, 

federal, and foreign agencies.

NOP further completed 285 complaint investigations, 

exceeding the FY13 total of 260. The program also 

publicized 13 fraudulent organic certificates, and levied 

nine civil penalties for $81,500 via settlement agreements 

for willful violations of the Organic Food Production 

Act. In FY14, 181 investigations were closed in an average 

of 81 days, exceeding the target of 180 days.

Certifying Agent Audits 

The NOP audits certifying agents to ensure they apply the 

USDA organic regulations appropriately, fairly and 

consistently. In FY14 NOP conducted 56 audits of 

accredited certifiers, assessing an average of 115 

accreditation requirements per certifier. Initial analyses 

indicate that certifiers were in full compliance with 96.7% 

of the requirements. Noncompliances are being corrected, 

and NOP auditors will follow up on future audits. 

Reinstatement Requests from Suspended Operations

The NOP also considered reinstatement requests from 62 

suspended operations; reinstating more than 90% of 

applicants after verifying full correction of noncompliances. 

International Activities

As the lead for AMS, NOP provided expertise in the 

negotiations for an organic equivalency arrangement with 

Korea, resulting in a trade agreement with estimated $35 

million per year in market value. This agreement became 

effective on July 1, 2014. 

The NOP also completed two international peer reviews: 

one in Korea to establish the new arrangement, and 

another in the European Union (EU) to maintain the 

existing equivalency arrangement. We further led the AMS 

team in wine equivalency discussion with the EU. The 

NOP also conducted activities to maintain recognition 

agreements with India, Israel, and New Zealand.

The NOP also continues to support greater global 

standards harmonization. In September 2014, NOP 

attended the Inter-American Commission on Organic 

Agriculture meetings in Panama. This work supports 

greater harmonization of organic standards and improved 

control systems in Latin America. 
6

Front Row: Wendy Fulwider, Zea Sonnabend, Jean Richardson, Michelle Arsenault, and Carmela Beck

Back Row: Colehour Bondera, Jennifer Taylor, Mac Stone, Jay Feldman, Francis Thicke, Joe Dickson, Calvin Walker, Tracy Favre, 

John Foster, Harold Austin, Nick Maravell, Miles McEvoy

On October 28-30, 2014, the National Organic Standards Board (NOSB) held its biannual public meeting in Louisville, Kentucky. 

Over the course of three days, the NOSB, under the leadership of NOSB Chair Dr. Jean Richardson, evaluated 28 proposals, 

discussion documents, and reports, and reviewed 2015/2016 sunset materials. The Board also heard oral testimony from 

approximately 90 members of the public on a wide range of issues. The NOSB had received approximately 1,000 written public 

comments before the meeting, which were discussed and considered as part of NOSB deliberations. Miles McEvoy, Deputy 

Administrator and Designated Federal Officer, also presented a report on the National Organic Program’s (NOP) strategic 

priorities, and updates on standards, accreditation and compliance related activities. The USDA provided updates on the 

National List, and on the implementation of Secretary Vilsack’s Guidance on Organic Agriculture. A summary of the NOSB’s 

recommendations and actions is provided below. The final recommendations from the Louisville meeting will be posted at 

www.ams.usda.gov/NOSBMeetings. 

Note: NOSB is an advisory body to the Secretary of Agriculture. NOSB recommendations are not NOP policy unless the NOP 

issues final rules, final guidance, final instructions, or a policy memorandum that adopts the NOSB recommendations. They are

not part of the USDA organic regulations unless such action is taken.

Petitioned Substances. The NOSB reviewed two petitions to amend the National List of Allowed and Prohibited Substances 

(National List). This section of the USDA organic regulations identifies exemptions to the following general rule in organic crop 

and livestock production: synthetic substances are prohibited unless specifically allowed and natural substances are allowed 

unless specifically prohibited. In organic processed products, all non-organic ingredients must be specifically allowed. “Motion

failed” indicates that less than two thirds of the NOSB members voted to make the change in question, meaning that the NOSB 

did not provide a recommendation to amend the USDA organic regulations for that substance. 

(Continued on page 7)

Petitioned Substance Section Action Considered by NOSB NOSB Recommendation

Whole Algal Flour §205.606

Motion to list Whole Algal Flour at 

205.606

The proposal was referred back to the Handling Subcommittee

Glycerin §205.605(b)

Motions to reclassify, remove from 

205.605, and list at 205.606 (3 motions)

The proposal was referred back to the Handling Subcommittee

Update From National Organic Standards Board Meeting
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Update From National Organic Standards Board Meeting

 2015 Sunset Substance Review

2016 Sunset Substance Review 

The NOSB provided an overview of the following twelve substances due for sunset review by 2016: 

 Substances currently allowed in organic crop production (along with any restrictive annotations):

 Ferric Phosphate (§205.601(h))

 Hydrogen Chloride (§205.601(n))

 Substances currently allowed in organic handling (along with any restrictive annotations): 

 Egg White Lysozyme (§205.605(a))

 L-Malic Acid (§205.605)

 Microorganisms (§205.605)

 Activated Charcoal (§205.605(b))

 Peracetic Acid (§205.605(b))

 Cyclohexylamine (§205.605(b))

 Diethylaminoethanol (§205.605(b))

 Octadecylamine (§205.605(b))

 Sodium Acid Pyrophosphate (§205.605(b))

 Tetrasodium Pyrophosphate (TSPP) (§205.605(b))

(Continued from page 6)

(

Substance Section Action Considered by NOSB NOSB Recommendation

Sulfurous Acid §205.601(j) Motion to remove from the National List

The motion failed. The NOSB completed the 

sunset review

Sodium Carbonate 

Peroxyhydrate

§205.601(a) Motion to remove from the National List

The motion failed. The NOSB completed the 

sunset review

Aqueous Potassium 

Silicate

§205.601(e) 

and (i)

Motion to remove from the National List

The motion failed. The NOSB completed the 

sunset review

Marsala §205.606(g) Motion to remove from the National List

The motion passed. The NOSB recommended 

removal of Marsala from the National List

Sherry §205.606(g) Motion to remove from the National List The motion passed. The NOSB recommended 

Gellan gum §205.605(a) Motion to remove from the National List The motion failed. The NOSB completed the 

Tragacanth Gum §205.606(x) Motion to remove from the National List

The motion failed. The NOSB completed the 

sunset review
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As part of its discussion on these substances, the NOSB also summarized the public comments about whether these 

substances continue to meet the OFPA criteria for allowance in organic production and handling. The Handling Subcommittee 

noted that all public comments support removal of the listings for the boiler chemicals cyclohexylamine, diethylaminoethanol,

and octadecylamine, and that most comments support the removal of the food additive tetrasodium pyrophosphate as well. 

The NOSB will consider public comment, technical information, and its discussion from the fall 2014 meeting to complete its 

review of these substances at the spring 2015 meeting, including any proposals to remove the substances from the National 

List. 

Other Recommendations

Research Priorities

The NOSB submitted a current list of research priorities that would support the organic sector. Priorities on this list include but 

are not limited to: Alternatives to Bisphenol A (BPA), Plant Disease Management, Soil Building Practices, Mitigation Measures

for Residues in Compost, Seed Purity from GMO Research Needs, and several livestock topics including Mastitis, Parasitism, 

Pneumonia, Herd Health, and Plant Extracts. 

Vaccines from Excluded Methods

The NOSB recommended that this document be forwarded to the NOP for future work. 

Other Business 

Discussion Documents

The NOSB discussed three discussion documents at this meeting: Excluded Methods Terminology, Assessment of Soil 

Conservation Practices, and Contamination Issues in Farm Inputs Literature Review. 

Updates & Reports

Aquaculture Review History. The NOSB Livestock Subcommittee provided an update on the review of aquaculture petitions. 

The NOP provided an update about the Inerts Working Group and its ongoing work to implement a process for review of inert 

substances in pesticide formulations.

For additional information about the meeting, please visit www.ams.usda.gov/NOSBMeetings.

(Continued from page 7)

Update From National Organic Standards Board Meeting
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Outgoing Board Members: Joe Dickson, Jay Feldman, Wendy Fulwider, John Foster 

The National Organic Standards Board (NOSB) plays a critical role in advising the USDA about the national organic standards 

and implementation of the Organic Foods Production Act (OFPA). 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 NOP thanks retiring board members Joe 

Dickson, Jay Feldman, Wendy Fulwider, and John Foster for their service and thoughtful guidance. Over the past five years, 

they demonstrated a commitment to the Board's role in reflecting the needs of organic stakeholders. Their work supports both 

organic integrity and a thriving organic sector.

Organic Community Thanks Outgoing Board Members

The NOP celebrated its twentieth installment of the Organic 101 blog series 

that explores different aspects of the USDA organic regulations. To mark the 

20th milestone, USDA invited Dr. Jean Richardson, Chair of the National 

Organic Standards Board (NOSB), to be a guest author. To read all of the 

blogs go to: http://blogs.usda.gov/tag/organic-101/