Agricultural Marketing Service USDA National Organic Program

NOP UPDATE

MAY 22, 2012

Miles McEvoy

Deputy Administrator
Agricultural Marketing Service USDA National Organic Program

NOP Update

• What has NOP accomplished and 

what’s next?

• What is the role of the NOSB?

• How can we best utilize our limited 

resources?

• How can we all work together to 

achieve common goals?
Agricultural Marketing Service USDA National Organic Program

Oversight

• 93 certifying agents

• Almost 30,000 operations certified 

to USDA organic regulations across 

133 countries

• Exports

– New markets for USDA organic products

• Imports

– Ensure compliance with USDA organic 

regulations
Agricultural Marketing Service USDA National Organic Program

2011 NOP Accreditation Audits

• 29 audits: 93% compliance with accreditation 

and certification criteria

– 11 domestic certifying agents

– 18 foreign certifying agents and trade agreements

• Non-compliance

– Incomplete Organic System Plans

– Organic certificates lack required information

– Not adequately identifying operations’ 

noncompliances

– Not submitting required information to NOP

• Corrective action plan
Agricultural Marketing Service USDA National Organic Program

2012 NOP Accreditation Audit 

Preview

• Focus on:

– Pasture rule implementation

– Grower group certification

– Materials review and approval process

– Conflict of interest

– Certifier compliance procedures

• Audits occurring in China, South Africa, 

Egypt, Mexico, Guatemala, Peru, 

Australia, New Zealand, Israel, Brazil, 

Argentina, and over 25 states. 
Agricultural Marketing Service USDA National Organic Program

OIG Audits and Peer Review

• Ensures that NOP is meeting OFPA 

requirements

• Helps NOP continually improve our 

ability to effective oversee USDA 

organic products.
Agricultural Marketing Service USDA National Organic Program

Overview of Audits and 

Related Activities

• Office of Inspector General (OIG) 

Audits

– Comprehensive 2010 audit

– Organic Milk

– National List

• National Institute of Standards and 

Technology (NIST) – peer review
Agricultural Marketing Service USDA National Organic Program

OIG Audit #1 - Oversight

• Conducted: March 2010

• Scope: Multiple mission-critical 

functions of NOP, including:

– Compliance and enforcement

– Oversight of certifying agents and 

State Organic Program

– Statutory requirements (OFPA)

• Peer review complete, removing 

FACA requirement in process.
Agricultural Marketing Service USDA National Organic Program

OIG Audit #2 - Organic Milk

• Scope: Organic milk

– Evaluate whether milk marketed as 

organic meets USDA organic 

requirements.

• Phase 1 Findings

– GMO testing

– List of certified operations

– Need for unannounced inspections

– Handling of Bulk commodities

• Phase 2 Underway
Agricultural Marketing Service USDA National Organic Program

OIG Audit #3 – National List 

and NOSB

• Timing: Ongoing

• Scope: National List and NOSB

– Process for adding substances to 

National List of Allowed and 

Prohibited Substances
Agricultural Marketing Service USDA National Organic Program

National Institute of Standards 

and Technology Assessment

• Peer Review

– Required by OFPA and USDA organic 

regulations.

– OIG Audit #1 found that peer review 

had never been conducted.

• First phase completed in July 2011

– 28 findings, 4 observations

– NOP corrective actions in process.
Agricultural Marketing Service USDA National Organic Program

NIST Findings

• Overall, NOP is designed to fulfill the 

requirements of USDA organic 

regulations. 

• NOP actions to align with ISO 17011:

– Revised work agreement with NOP auditors

– Improved web content

– Drafting proposed regulation to remove FACA 

requirement related to accreditation

– Improving control procedures for documents 

and records

What is ISO 

17011?

General 

requirements 

for 

accreditation 

bodies
Agricultural Marketing Service USDA National Organic Program

NOP’s Budget – FY 2011

• NOP was appropriated $6.97 M

• Largest Expense Categories: 

– $3.8 million went to NOP salaries and benefits 

– $1.6 million went to Contracts and Agreements

– $791,000 went to Agency Overhead 

Administrator’s Office, HR Services, Congressional 

Affairs, Communications, Civil Rights, Training, IT 

– $175,377 went to USDA Services 

Facilities, lights, power, mailroom, security, etc.

– $165,584 went to travel 
Agricultural Marketing Service USDA National Organic Program

A Closer Look: Contracts/Agreements

• FY 2011 Contracts/Agreements funded: 

– Technical Reports for NOSB 

– NOSB Public Meeting Webcasting

– NOSB Hotel Contracts and Transcripts

– NOP Appeals Staff 

– Permitted Substances List Development

– Economic Impact Analysis

– Organic Literacy Project (With USDA Organic 

Working Group) 

– Inspector/Reviewer Criteria Development

– NCAT Producer/Handler Workbooks 
Agricultural Marketing Service USDA National Organic Program

NOP Accomplishments

Accreditation and International 

• Audited domestic and foreign certifying agents

• Established trade partnership with the EU

• Streamlined trade of ruminant livestock products 

to Canada

• Aligned accreditation processes with ISO 17011

• Revised audit checklist based on certification and 

USDA organic regulations
Agricultural Marketing Service USDA National Organic Program

NOP Accomplishments

Compliance and Enforcement

• As of 5/14/12, completed 162 complaint 

investigations, already 26% more than the total 

completed in FY11

• Assessed $54,500 in civil penalties

• Published nine fraudulent organic certificates 

online

• Continued efforts to streamline investigations and 

make enforcement more effective 

• Reduced NOP appeals times from 698 days (FY 

2009) to 256 days (FY 2011)
Agricultural Marketing Service USDA National Organic Program

NOP Accomplishments

Standards

• Implemented pasture rule

• New policies on GMOs, textiles, residue testing

• Published National List amendments and 

published guidance per NOSB recommendations

– Sunset 2011 final rule

– Crops and handling materials final rule

– Sunset 2012 proposed rule

– Vitamins and mineral proposed rule

– Parasiticides proposed and final rule

– Methionine and tetracycline proposed rule
Agricultural Marketing Service USDA National Organic Program

NOP Accomplishments

NOP-Wide

• Improved website and communication (NOP 

Organic Insider)

• Increased participation in the Organic 

Certification Cost Share Programs by 20 percent
Agricultural Marketing Service USDA National Organic Program

Not applying 

standards uniformly

Lack of data

Geographic-specific 

challenges

Insufficient technology 

Limited resources
Agricultural Marketing Service USDA National Organic Program
Agricultural Marketing Service USDA National Organic Program

Clear 

Standards

Market 

Access

Consumer 

Protection

Information 

Technology

National Organic Program

Current Initiatives
Agricultural Marketing Service USDA National Organic Program

Fairness and 

Transparency

Clear 

Standards

To level the playing field:

• Publish clear standards

• Address gray areas

• Continue to collaborate with 

National Organic Standards Board 

• Increase transparency
Agricultural Marketing Service USDA National Organic Program

Fairness and 

Transparency

Clear 

Standards

Areas of Focus:

• Residue testing

• Origin of livestock

• Permitted substances

• Pet food

• Aquaculture

• Apiculture

• Mushrooms
Agricultural Marketing Service USDA National Organic Program

Consumer 

Confidence

Consumer 

Protection

To protect the integrity of organic products:

• Continue rigorous investigations

• Conduct more audits

• Initiate market surveillance program

• Enhance enforcement actions

• Ensure terms of trade partnerships are 

being met
Agricultural Marketing Service USDA National Organic Program

Economic 

Opportunity

Market 

Access

To increase organic agriculture in the U.S.:

• Market opportunities for small and beginning 

farmers

• Enhance USDA technical and financial 

assistance

• Provide access to additional foreign markets

• Make the organic certification process 

accessible, affordable and attainable
Agricultural Marketing Service USDA National Organic Program

Organic 

Integrity

Information 

Technology

List of certified organic operations

alabama hay
Agricultural Marketing Service USDA National Organic Program

???

Organic 

Integrity

Information 

Technology

Do they have 

organic hay 

available?

Are they still 

certified?

Has their certificate 

been suspended or 

revoked?
Agricultural Marketing Service USDA National Organic Program

Organic 

Integrity

Information 

Technology

To better connect the organic community:

• Build a modernized database

• Provide historic and current 

information on certification status 

• Display search results in list- or mapbased formats

• Allow all certifying agents to efficiently 

submit updates
Agricultural Marketing Service USDA National Organic Program

Search Results

• Hastings Farm

Bay Minette, AL

• Jan & Rinske De Jong 

Dba Working Cows 

Dairy

Slocomb, AL

Hastings 

Farm

Jan & Rinske

De Jong Dba

Working 

Cows Dairy
Agricultural Marketing Service USDA National Organic Program

Benefits of INTEGRITY 

database

• Enhanced oversight of certifying 

agents

• Increased transparency

• Integration of multiple web 

resources into one

• Streamlined certification processes
Agricultural Marketing Service USDA National Organic Program

Level the playing field

Protect organic integrity

Increase number of organic 

farms and businesses

Connect organic community 

via INTEGRITY

Clear Standards

Consumer Protection

Market Access

Information Technology
Agricultural Marketing Service USDA National Organic Program

NOP Update

• What has NOP accomplished and 

what’s next?

• What is the role of the NOSB?

• How can we best utilize our limited 

resources?

• How can we all work together to 

achieve common goals?
Agricultural Marketing Service USDA National Organic Program

OFPA: Framework for 

Collaboration

The Organic Foods Production Act (OFPA) 

establishes the framework for NOP and 

NOSB roles and activities: 

• Establishes NOSB to assist in developing 

proposed standards for substances for use in 

organic production and advises the Secretary on 

other aspects of OFPA

• Establishes the National List, which is based on 

proposals from NOSB 

• Outlines NOP and NOSB roles 
Agricultural Marketing Service USDA National Organic Program

Setting the Stage: A Brief 

History

• A very active self-empowered organic 

community existed before OFPA

• OFPA established NOSB in 1990, but there 

was little funding to support its work

• A tough learning curve faced both NOSB 

and USDA in establishing the National List 

and the NOP Rule
Agricultural Marketing Service USDA National Organic Program

Setting the Stage: A Brief 

History

• NOSB recommendations have often been 

viewed as default answers by the organic 

community

• As NOP implemented rules, focus shifted to 

NOP and certifying agents, more formalized 

processes

• In this phase, NOSB worked on many issues, 

but NOP lacked resources to respond

• At times, NOP released directives without 

NOSB input – leading to community conflict 
Agricultural Marketing Service USDA National Organic Program

Today: A New Balance

• NOP now has increased funding to 

support both NOSB management and 

rulemaking

• There is more frequent and structured 

communication between NOP and NOSB

• NOP provides regular feedback on NOSB 

recommendations and management 

support for its work

• NOP regularly requests NOSB advice on 

materials issues and practice standards
Agricultural Marketing Service USDA National Organic Program

Today: Current Challenges 

• Industry growth and new technology options 

have led to increases in public comments and 

scrutiny 

• Rulemaking and guidance implementation is 

lengthy and resource intensive

• NOP and NOSB are both governed and 

overseen by many offices and interests 

• NOSB activities and NOP’s management must 

comply with the requirements of the Federal 

Advisory Committee Act (FACA) 
Agricultural Marketing Service USDA National Organic Program

FACA – Federal Advisory 

Committee Act

• Governs how advisory committees 

provide advice to the government

• Requires that advice is objective and 

accessible to the public 

• Provides for Government-wide oversight 

of advisory committees 

• Establishes a framework covering the 

creation, management, operation, and 

termination of committees
Agricultural Marketing Service USDA National Organic Program

Overarching FACA Goals

• Enhance Public Accountability

– Requires balanced committee membership to 

control undue influence

– Maximize public access to committee 

deliberations: public meetings, comments 

• Reduce Wasteful Spending

– Monitor and reduce costs

– Reduce redundancies

– Maintain accountability through Annual 

Report of Accomplishments 
Agricultural Marketing Service USDA National Organic Program

How FACA Defines a 

Committee

• Any committee, board ... or other 

similar group which is established by 

statute ... for the purpose of 

obtaining advice or 

recommendations

• Federal advisory committees exist 

to advise and recommend — not to 

decide
Agricultural Marketing Service USDA National Organic Program

Does FACA Conflict with OFPA? 

• No. OFPA doesn’t direct the NOSB to 

decide. OFPA asks NOSB to: 

– Assist in development of Standards

– Provide recommendations 

– Evaluate substances

– Develop proposed National List and 

proposed amendments to the List for 

submission to the Secretary

• Secretary retains decision-making and 

rulemaking authority 
Agricultural Marketing Service USDA National Organic Program

Government Oversight of NOSB

• The Government Services 

Administration administers FACA

• USDA has a dedicated Committee 

Management Officer to oversee Boards

• NOP is held accountable for NOSB 

governance, activities, and budget
Agricultural Marketing Service USDA National Organic Program

USDA Responsibilities

• Establish uniform administrative 

guidelines and management controls 

• Maintain systematic information on 

Committee operations 

• Exercise control and supervision over 

committee management program

• Make sure advice of committees is not 

inappropriately influenced 
Agricultural Marketing Service USDA National Organic Program

NOP Responsibilities

• NOP’s Designated Federal Officer (DFO) 

must:

– Call, attend, and adjourn committee 

meetings 

– Develop and approve agendas

– Maintain required records and budgets

– Ensure efficient operations and 

adherence to FACA and other laws 

– Develop committee reports for the 

Committee Management Officer
Agricultural Marketing Service USDA National Organic Program

NOP and NOSB Success 

Factors

• NOP’s success is measured in part by its 

success in managing the NOSB: 

– Are Board and program resources being used 

effectively and efficiently? 

– Is the NOP asking for advice that it can then 

act upon? (It wastes time and resources for 

the Board to work on items that the NOP 

cannot implement.)

– Are appropriate management structures and 

processes in place and functioning? 
Agricultural Marketing Service USDA National Organic Program

NOSB Costs Come From NOP 

Budget

• Salaries: Advisory Board Specialist

• Travel: Board members and staff 

• $190,000 for direct NOSB expenses

Additional Expenses:

• Meeting Contracts/Transcripts 

• Technical Reports 

• Webcasting (FY 2011 Pilot)

• Staff Subcommittee support
Agricultural Marketing Service USDA National Organic Program

FACA Meeting Rules

• Open meetings with opportunity for 

public comment

• Meetings must be announced 15 

days in advance in Federal Register

• Meeting minutes are required and 

are publicly available

• Meeting must be accessible 
Agricultural Marketing Service USDA National Organic Program

Board Member Ethics

• Board members speak for “We” not “I.” 

– Representatives are appointed to 

represent the points of view of 

recognizable groups (e.g., growers, 

handlers, consumers) 

– It is expected that members will represent 

a particular bias: driven by group 

represented, not by personal view.

• Members must disclose interests for any 

specific votes, and abstain from voting where 

conflict exists. 
Agricultural Marketing Service USDA National Organic Program

OFPA: Key NOSB Roles

• Provide recommendations to the Secretary 

regarding OFPA

• Develop the proposed National List or proposed 

amendments to the National List for submission 

to the Secretary

• Convene technical advisory panels to provide 

scientific evaluation of materials

• Review botanical pesticides

• Advise the Secretary on Product Residue Testing 

for Unavoidable Residual Environmental 

Contamination and Emergency Spray Programs
Agricultural Marketing Service USDA National Organic Program

OFPA: Specifics on National List

• The National List established by the Secretary 

shall be based upon proposals developed by 

the NOSB.

• Proposals must be published in the Federal 

Register with public comment period. This 

Notice must include any changes to the 

proposed list or amendments recommended 

by the Secretary.

• The NOSB establishes procedures for how 

people can petition the Board for evaluating 

substances for inclusion on the National List.
Agricultural Marketing Service USDA National Organic Program

NOSB Activities and Parameters

• NOSB’s National List activities:

– Defining petition process 

– Considering proposed substance petitions

– Propose new National List items to USDA 

– Completing Sunset evaluation process

• OFPA establishes key parameters: 

– Quorum (majority of NOSB members) 

– Decisive vote criteria (2/3 of members 

present)

– Criteria for evaluating substances 
Agricultural Marketing Service USDA National Organic Program

NOP Update

• What has NOP accomplished and 

what’s next?

• What is the role of the NOSB?

• How can we best utilize our limited 

resources?

• How can we all work together to 

achieve common goals?
Agricultural Marketing Service USDA National Organic Program

Understanding the Process: 

From Work Plan to Rule – Part 1

NOP and NOSB 

Agree on Work 

Plan

NOSB 

Subcommittees 

Engage in Work 

Plan Items 

NOSB 

Subcommittees 

Develop 

Proposals 

Most items on a Subcommittee Work Plan 

take 3-9 months to develop
Agricultural Marketing Service USDA National Organic Program

Understanding the Process: 

From Work Plan to Rule – Part 2

NOSB Proposals 

Posted for Public 

Comment 

Public Meeting: 

NOSB Considers 

Public Comments, 

Revises Proposals, 

and Votes

NOSB Provides 

Recommendations 

to NOP/USDA 

This process takes approximately 3 months
Agricultural Marketing Service USDA National Organic Program

Understanding the Process: 

From Work Plan to Rule – Part 3

NOP/USDA 

Considers NOSB 

Recommendations 

and Responds

NOP/USDA Engages 

in Rulemaking (or 

Develops 

Guidance/ Policy) 

as Appropriate 

Proposals Posted 

for Public 

Comment and 

Finalized Based on 

Feedback 

NL Rulemaking takes 6 months to 8 years
Agricultural Marketing Service USDA National Organic Program

Types of NOSB Proposals

• National List Petitions

– Add, remove, or change listing

• Sunset 

– Determine if listing should be renewed, 

removed, or amended

• Non-National List 

– Practice standards, clarification of 

USDA organic regulations, other areas 

involved in implementing OFPA
Agricultural Marketing Service USDA National Organic Program

NOSB Process: National List Petitions

1. Review petition for completeness

2. Request technical report 

3. Review technical report and petition

4. Subcommittee develops and vote on proposal

5. Post Subcommittee proposal for public 

comments

6. Written and oral public comments considered by 

the Subcommittee and the Board
Agricultural Marketing Service USDA National Organic Program

NOSB Process: Decisive Votes

1. National List petitions –

– Decisive vote is 2/3 majority.

2. Board votes to classify substance as synthetic or natural.

– Requires 2/3 decisive vote to proceed

– Failure of decisive vote on classification would stop process.

3. Board votes to list, not to list, change annotation, or 

remove listing 

– Requires 2/3 decisive vote to proceed

4. NOP considers recommended action and responds with 

intended next steps

– NOP can accept, further restrict, or choose not to take 

recommended action

– NOP cannot expand use of substance without NOSB decisive 

vote.
Agricultural Marketing Service USDA National Organic Program

NOSB Process: Sunset Review

• NOSB reviews history, Subcommittee may request 

technical report

• Subcommittee develops proposal

• Post for public comments

• Vote to renew, change, or remove listing 

– NOP cannot renew listing without 2/3 majority; if 2/3 

majority is not achieved, listing will be removed

– If changing annotation, NOSB must also take back-up 

vote to renew existing listing

• NOP considers recommended action and 

responds with intended next steps

– NOP can accept, further restrict, or choose not to take 

recommended action
Agricultural Marketing Service USDA National Organic Program

NOSB Process: Non-National List 

• NOSB and NOP agree on work plan

• NOSB Subcommittee develops proposal

• Subcommittee proposal posted for public 

comments

• Board votes to recommend action

– Requires 2/3 majority vote for decisive vote 

– NOP will take recommendation under 

advisement, but is not restricted to 

recommended language/actions
Agricultural Marketing Service USDA National Organic Program

Number of Petitions

9

35

5

8

12

21

59

22 21 22

30

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Agricultural Marketing Service USDA National Organic Program

Number of Technical Reports

7

16

10

4

2

12

3

4

2

15

30

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Agricultural Marketing Service USDA National Organic Program

Number of NOSB 

Recommendations

0

11

3 4

30 31

63

24

41

59

55

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Agricultural Marketing Service USDA National Organic Program

Federal Register Activity

(2001 to 2012)

25%

19%

22%

6%

12%

4%

1%

5%

6%

Proposed Rule

Final Rule

NOSB Meeting Notice

NOSB Nomination Notice

Cost Share Notice

Draft Guidance Notice

Final Guidance Notice

Information Collection

Other Notices
Agricultural Marketing Service USDA National Organic Program

From Recommendation to Final Rule

• Developing Proposed Rule (National List)

– 6 months to 3 years (fenbendazole), 8 years 

(moxidectin)

• From Proposed to Final Rules (National List)

– On average 10 months.

• Sunset Rules

– Spanned about 3 years

• Non-National List

– Pasture (9 years from first Board recommendation)

– No other examples
Agricultural Marketing Service USDA National Organic Program

Details are Important...

• But so is big picture

– The Sunset process enables the NOSB 

to review all materials on a 5 year 

cycle. 

– Additional expiration dates for National 

List substances can present timing and 

resource issues with rulemaking.
Agricultural Marketing Service USDA National Organic Program

Strategic Rulemaking

• Pet food – projected sales close to 

$300 million by 2015

• No specific USDA organic practice 

standards for pet food

• National List annotation 

changes are important, 

but so are practice 

standards
Agricultural Marketing Service USDA National Organic Program

NOP Update

• What has NOP accomplished and 

what’s next?

• What is the role of the NOSB?

• How can we best utilize our limited 

resources?

• How can we all work together to 

achieve common goals?
Agricultural Marketing Service USDA National Organic Program

Open Meetings: Ground Rules

• All Public and Board comments must 

be respectful. No personal attacks.

• No interruptions from the audience 

while the Board is speaking. 

• No interruptions during public 

comment. 

• No intimidation, profanity, or any 

language or activity that threatens 

openness. 
Agricultural Marketing Service USDA National Organic Program

Managing to Ground Rules

• This is a Federally sponsored meeting. 

• Meetings are managed using Robert’s 

Rules of Order. 

• The NOP will intervene if ground rules 

are broken, and may ask anyone who 

disrupts the meeting to leave. 

• We are many voices joining to form 

one community – let’s have a great 

meeting together! 
Agricultural Marketing Service USDA National Organic Program

Public-Private Partnership

• Commend the NOSB for their public 

service

• USDA/NOP relies on the 

recommendations of the board

• Diversity of perspective, vigorous 

public debate strengthens outcomes
Agricultural Marketing Service USDA National Organic Program

We are All In This Together

• Scope of organic

– Livestock feed to frozen beef skillets

– Apple seeds to hard apple cider

– Small, local CSAs to large, multinational corporations

– All meet the same standards

• Celebrate this diversity to help us all 

achieve something much larger.
Agricultural Marketing Service USDA National Organic Program

Veterans Sustainable Agriculture Training

• Helps combat veterans 

transition to civilian life

• Teaches veterans how to 

grow organic hydroponic 

crops, seed to market
Agricultural Marketing Service USDA National Organic Program

• Former homeless vet

• Created hot sauce 

business plan at VSAT

• Organic hot sauce now 

for sale in grocery 

stores.

• Reminder of why we 

are here
Agricultural Marketing Service USDA National Organic Program