Agricultural Marketing Service USDA National Organic Program

National Organic 

Program Report

National Organic Standards 

Board meeting

San Antonio, Texas

April 29, 2014
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 

National Organic Program | Agricultural Marketing Service 
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: 

84 certifying agents worldwide

25,000 certified organic operations

$35 billion in U.S. organic sales (2012)

National Organic Program | Agricultural Marketing Service 
Quick Facts About NOP 

Staffing: 

• 34 employees in three Divisions and the 

Office of the Deputy Administrator 

• Hiring new staff

• Budget: 

FY 2012: $6.919 million

FY 2013: $6.369 million 

FY 2014: $9.04 million

• Regulatory program within USDA’s Agricultural 

Marketing Service

National Organic Program | Agricultural Marketing Service 4
Accreditation Activities

• NOP oversees the work of 84 certifiers, which certify 

over 25,000 certified organic operations. 

– Work includes audits, audit report reviews, notices of 

noncompliance, corrective action reviews, 

responding to questions, updating list of certified 

operations 

• At the close of FY 2013, certifiers were in full compliance 

with 95% of the accreditation criteria, and have 

implemented corrective actions for all deficiencies. 

USDA Agricultural Marketing Service | National Organic Program 5
Key Accreditation Activities in FY 2013

• 25 accreditation renewal audits, 5 accreditation midterm 

audits, 1 initial accreditation audit. 

• 63 reinstatements of certification

• Issued 9 temporary variances to the USDA organic 

regulations; denied 2 temporary variances

• Issued 4 export authorizations. 

• Supported training, policy development, and outreach 

activities (meetings, presentations, materials)

• Launched “sound and sensible” initiative to make the 

organic certification process affordable and attainable 

for organic operations. More on this later.... 

USDA Agricultural Marketing Service | National Organic Program 6
International Trade 

• The United States has trade arrangements with several 

nations to facilitate the exchange of organic products 

and provide market opportunities for organic producers. 

• Equivalency Agreements: 

– U.S.-Canada – Launched in 2009 

– U.S.-European Union – Launched in June 2012 

– Japan – Effective in January 2014

– Discussions happening with other countries.... 

• Recognition Agreements: 

– India, Israel, New Zealand

• NOP works closely with the Foreign Agricultural Service 

(FAS) and the U.S. Trade Representative (USTR).

National Organic Program | Agricultural Marketing Service 
• Imports to U.S. must be:

– Certified by NOP accredited certifier

– Certified to USDA organic regulations by 

certifier accredited by foreign government 

recognized by USDA

– Certified to an equivalent organic standard 

by an authorized control body (accredited 

by equivalent government authority)

8

Overview of U.S. Imports 
• Exports from the U.S. to:

– EU, Canada and Japan – NOP certification is 

equivalent

– Taiwan – NOP certification is accepted.

– Countries with no mandatory organic 

labeling requirements (e.g. Mexico, 

Australia)

–Other countries may require certification to 

their own standard (e.g. China, Korea, 

Brazil) 

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Overview of U.S. Exports 
Accreditation and International Activities Division: 

Key Priorities in FY 2014 

• Publish updated list of certified operations 

• Certifier Training: February 2014 

• NOP auditor training: March 2014

• Latin American Certifier Training: March 2014 

• Accreditation peer review by ANSI 

• Accreditation Audits and Follow-up 

• Maintain existing recognition and equivalency 

arrangements – peer reviews, working groups 
Compliance and Enforcement Division 

Key Activities: 

• Investigate complaints, work with operations to 

achieve compliance where possible and take 

enforcement actions as appropriate 

• Represent the NOP in appeals of adverse actions

• Work with certifiers, State Programs and Federal 

partners on enforcement of the OFPA and the USDA 

organic regulations 

• Lead enforcement-related policy development and 

outreach efforts 

USDA Agricultural Marketing Service | National Organic Program 11
Purposes of Enforcement

Purpose: To protect the integrity of the organic 

standards so as to facilitate commerce

• Maintain consumer confidence

• Ensure a fair market for the great majority of 

organic operations that operate in compliance with 

the law 

USDA Agricultural Marketing Service | National Organic Program 12
FY 2013 Successes 

• NOP C&E issued 18 civil penalties, totaling $78,500, 

for willful violations of the USDA organic 

regulations. 

• The NOP closed 260 complaints, approximately 93% 

of the record high number closed in FY12.

• Continuous improvement of case handling and 

management, reducing overall backlog

• Worked with USDA Office of Inspector General and 

Department of Justice on high profile enforcement 

cases 

USDA Agricultural Marketing Service | National Organic Program 13
Appeals Closure Rates Over Time

• Average days to closure for all of calendar 2011 = 

344 days 

• Average days to closure for all of calendar 2012 = 

294 days 

• Average days to closure for all of calendar 2013 = 

196 days 

• Average days to close an appeal over the last 6 

months = 148 days 

Based on NOP experience to date, we are targeting 

closing the majority of appeals cases within 180 days 

in 2014. 

USDA Agricultural Marketing Service | National Organic Program14
Complaint Distribution 
FY 2014 Priorities 

• Complaint investigations and closures - Reduce 

backlog and time to case closure 

• Work closely with Office of General Counsel to 

pursue complaints for hearing against violators, as 

appropriate 

• Contribute to policy and training development 

related to enforcement

• Implement Farm Bill provisions related to 

enforcement 
Residue testing

One of the most significant compliance related issues we 

have rolled out is residue testing.

This has been an AMS and NOP cross-divisional effort to -

1. Set residue testing standard

2. Provide instructions and training to certifiers

3. Assess certifier compliance during accreditation 

audits

4. Collaborate with AMS Science and Technology 

Program on sampling, residues screens and residue 

testing

5. Conduct enforcement actions based on residue 

sample results

USDA Agricultural Marketing Service | National Organic Program 17
Residue testing

Since 2013 certifiers are conducting periodic 

residue testing for prohibited substances and 

methods. Certifiers must -

• Notify applicant or certified operation of test results.

• Maintain records of analysis and provide results to the 

public upon request.

• Maintain sample collection information and sample 

results for review during NOP accreditation audits.

• When residues are found, investigate why residues are 

present and take enforcement action as appropriate.

USDA Agricultural Marketing Service | National Organic Program 18
Pesticides, antibiotics, hormones, GMOs

Investigate to determine source of residues and take appropriate 

adverse action.

• Use of prohibited substance or method:

– Knowingly, willful, reason to know = Proposed Revocation

– Inadvertent, Error = Proposed Suspension

• Inadequate measures to prevent contamination or commingling:

– Notice of Noncompliance: require corrective actions to 

mitigate future contamination.

Responding to detected residues

USDA Agricultural Marketing Service | National Organic Program
Example: GMO residues

• The USDA organic regulations prohibit the use of genetically 

modified organisms, prohibit commingling or contamination 

during processing and handling, and require preventative 

practices to avoid contact with genetically modified organisms 

(GMOs). 

• Organic agricultural products should have minimal, if any, GMO 

presence.

• No tolerance level has been established for the presence of GMO 

material.

Responding to detected residues

USDA Agricultural Marketing Service | National Organic Program
GMO residues, continued

• If investigation determines that the residue levels 

indicate use of excluded methods, certifier takes 

adverse actions to suspend or revoke certification.

• If investigation determines that the residue levels are 

due to inadequate measures to avoid contact with 

excluded methods from adjoining land use or 

commingling, then certifier issues Notice of 

Noncompliance. Corrective actions must include 

measures to mitigate contamination. 

Responding to detected residues

USDA Agricultural Marketing Service | National Organic Program
Periodic Residue Testing

USDA Agricultural Marketing Service | National Organic 

Program 22

Summary:

Test ResultsProvide copy to operator and make 

available to public

Investigate positive results to 

determine source

Take appropriate action: adverse actions 

and notification of authorities
Standards Division: Key Activities 

• Key Activities

– Develop new rules and coordinate clearance

– Develop and maintain Regulatory Priorities Agenda 

– Draft new and updated guidance and policy memos 

based on NOSB recommendations, Office of 

Inspector General findings, certifier and community 

questions, and priority needs 

– Develop materials to support rollout of new 

standards, respond to letters and questions about 

standards 

– Maintain National List, including petition intake and 

response, and list management activities 

– Support the National Organic Standards Board

USDA Agricultural Marketing Service | National Organic Program 23
Standards Division: FY 2013 Successes 

• In FY 2013, NOP successfully led, managed, maintained, 

and communicated progress for approximately 20 

Standards projects, including regulatory work plans, 

rules, and communication materials. 

• In FY13, the Standards Division completed: 

– 3 final rules, 3 proposed rules, 2 draft guidance 

documents, and 5 final guidance documents. 

– Developed regulatory priority plan to ensure NOP’s 

priorities are reflected in USDA’s regulatory agenda. 

– Developed revised sunset process to improve 

efficient use of USDA resources and ensure stability 

for organic markets.

USDA Agricultural Marketing Service | National Organic Program 24
FY 2014 Priorities 

In Clearance

• Origin of Livestock Proposed Rule 

• Aquaculture Proposed Rule 

• Pet Food Proposed Rule 

Other rules in progress: 

• Sodium nitrate

• Nutrient vitamins and minerals

• Animal Welfare 

• Apiculture

• Mushrooms

• National List rule on biodegradable mulch

USDA Agricultural Marketing Service | National Organic Program 25
FY 2014 Priorities 

Draft Guidance: 

• Post-Harvesting Handling – published April 25

• Biodiversity and Natural Resource Conservation

Final Guidance 

• Made with organic “specified ingredients of food 

groups”

• Classification of Materials

• Materials for Organic Crop Production

Other projects

• Material Clarifications for Certifiers 

• National List Management, including Technical Report 

contract management 

• Provide support for NOSB subcommittees 

USDA Agricultural Marketing Service | National Organic Program 26
Agricultural Marketing Service USDA National Organic Program

Sound + Sensible

How to maintain organic 

integrity in a sound and 

sensible manner
Information Collection

• Every three years AMS is required to assess 

paperwork burden of the USDA organic regulations.

• Last information collection process was completed 

in December 2013

• Many interesting comments
Public comments on information 

collection

• The format used by my certification agency is 

burdensome in order to meet the NOP standards and it 

takes HOURS to wade through it and bypass the 

irrelevant portions.

• My main time-consuming activity that's beyond 

reasonable is the research to determine what materials 

are compliant and used in what fashion. Try to find, for 

example, if copper azole surface treatment (not 

pressure treatment) of wood for fence posts is 

prohibited or permitted and if prohibited, at what 

distance from the nearest tree that produces a certified 

organic fruit. And how is that distance measured?
Public comments

• We have been completely organic since 1999, certified since 2003 and 

have not substantially changed our operation in that time, with the 

exception of adding 8 more acres of production.

• Every year the regulations are tightened a little more and more things 

are scrutinized and the paperwork burden grows and grows even though 

we have always passed recertification inspection with good reports since 

being certified 10 years ago.

• Wouldn't it be better to get more farms certified and for the government 

agency to spend its tax dollars on promoting organic products so that 

farmers could get higher prices for the higher costs of organic farming 

instead of creating an onerous time wasting paperwork burden?
Indirect costs of certification

As an organic handler/processor with sales of organic product 

less than 200 metric ton and revenue of less $750,000 I would 

estimate our annual time requirements based upon activity as 

follows:

• maintain organic handling, production, sales records: 200 

hours

• preparation, follow up, & participation in annual inspection: 

20 hours

• maintaining knowledge of organic regulations, training, etc.: 

40 hours
High Priority Certification Issues to Address 

• Inconsistent certification process

• Recordkeeping focus and burden

• Expense of certification

• Burden of time that is involved in inspections 

and maintaining paperwork

• Some farms that comply with organic standards 

avoid certification.

The Sound and Sensible Initiative was established 

to address these issues. 
Goal: Make Organic Certification:

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
Sound and Sensible Implementation

• Technical Assistance Instructions –

Certifiers/Inspectors responsible for 

providing technical assistance

• Organic System Plan Instructions –

Multiple ways to comply, streamline 

certification process

• Settlement Agreements to support 

continuous improvement and timely 

compliance 
Sound and Sensible

• Certification must be sound:

– Objective and complete evaluation of 

compliance

– Verify and enforce compliance 

– Take action on noncompliances

• Certification should be sensible:

– Reasonable records that verify 

compliance 

– Educate farmers and handlers on USDA 

organic requirements
Sound and Sensible - 2014

• Certification must be sound:

– Increased focus on uncertified 

operations – no organic claims unless 

exempt or excluded from certification

• Certification should be sensible:

– Develop affordable, accessible, and 

attainable certification programs for 

underserved areas (e.g. CSAs, farmers 

markets, urban agriculture)
Upcoming Contract Opportunity! 

• AMS and NOP have set aside FY 2014 funds to support 

projects that develop sound and sensible organic 

certification models, training, and outreach. 

• Draft Performance Work Statement online: FedBizOpps.gov 

• We encourage certifiers and other organizations to form 

teams to respond to the final solicitation once posted. 

• To help potential project team members find each other, 

you can sign up as an “Interested Vendor” at the link below:

https://www.fbo.gov/spg/USDA/APHIS/Contracting/AG6395-S-14-0069/listing.html

• We will also announce through the Organic Insider.

USDA Agricultural Marketing Service | National Organic Program 37
Agricultural Marketing Service USDA National Organic Program

Farm Bill
Farm Bill – Key Organic Provisions

1. $100 million for organic research, extension and education;

2. $5 million for the Organic Data Initiatives; 

3. Expanded options for organic crop insurance

4. Expanded exemptions for organic producers who are paying 

into commodity “check off” programs, AND authorizes 

USDA to consider application for the organic sector to 

establish its own check off

5. Improved enforcement authority for the NOP to conduct 

investigations.

6. $5 million for a technology upgrade of the National Organic 

Program; 

7. $11.5 million annually for certification cost-share assistance
NOP Information Technology Improvements

Modernized Organic Database Report – March 2013

• This report describes the primary needs that will guide technology 

design and development efforts for a modernized certified organic 

operations database system. 

Technology upgrades

• Registry of exempt and excluded operations

• Ability to issue USDA organic certificates and export certificates 

(e.g. European countries)

• Real time list of certified organic products

• Portals for certified operations, public, certifiers, state organic 

programs.
Agricultural Marketing Service USDA National Organic Program

Thank You

Organic Integrity from

Farm to Table, 

Consumers Trust the

Organic Label