NOP Report

Sound and Sensible

NOSB meeting

Portland, Oregon

April 9, 2013

Miles V. McEvoy

Deputy Administrator

USDA National Organic Program
Why Organic?

• Environmentally 

sound farming 

systems

• Biodiversity

• Less toxic inputs

• Animal welfare

• Rural development

• Economic 

opportunity
Agricultural Marketing Service USDA National Organic Program

Why is Certification 

Important?

• Allows use of USDA organic seal and organic claim

• Empowers consumers to choose between 

production methods 

• Gateway to USDA services for organic operations

• Verifies that products meet 

national organic standards

• Protects consumers

• Establishes level playing 

field for farmers, 

processors, and marketers
Agricultural Marketing Service USDA National Organic Program

10 Years of USDA Organic

• 85 accredited 

certifying agents

• 25,000

certified operations 

across 133 countries

• $31 billion in 

U.S. organic sales

• Tens of thousands of inspections, 

reviews, and certification decisions
Agricultural Marketing Service USDA National Organic Program

NOP Budget

• FY 2013

• 5.1% reduction from FY12

• 1 NOP staff person for $1 billion sales

• No funding for National Organic 

Certification Cost Share

• Strained resources

• How do we support a sustainable 

program and staff

– Retention, staff burnout, realistic 

expectations
Agricultural Marketing Service USDA National Organic Program

National Organic 

Standards Board

Implementation of 

Recommendations and other 

matters 
Agricultural Marketing Service USDA National Organic Program

Nanotechnology Background

• October 2010 NOSB Recommendation on 

Engineered Nanomaterials

• NOP understands that the NOSB considers 

nanomaterials to be synthetic and prohibited 

under the organic regulations. 

• In December 2010, NOP responded to this 

recommendation that 1) it would be difficult to 

identify and verify the absence of nanomaterials in 

organic products; and 2) NOP needed more 

information about how nanomaterials are defined, 

regulated and used in agricultural products. 
Agricultural Marketing Service USDA National Organic Program

NOP Update on Nanotechnology 

• The NOP has been involved in a number of efforts to 

respond to the NOSB recommendation:

• In April 2011, NOP began participating in the White 

House Emerging Technologies Interagency Policy 

Coordination Committee (ETIPC), reviewing policies and 

providing comments to other agencies (e.g. FDA, EPA) on 

nanotechnology issues as they relate to the organic 

regulations.

• In November 2012, NOP briefed representatives on the 

ETIPC on the NOSB recommendation on nanomaterials

and requested information, including any definitions 

being used, that NOP could synthesize to inform NOSB of 

activities on nanomaterials and nanotechnology at 

federal level.

• Currently, NOP is synthesizing this information and 

intends to provide an overview of this issue to the NOSB 

Materials Subcommittee later this year. 
Agricultural Marketing Service USDA National Organic Program

Conflict of Interest 

• On March 29, 2013 NOP sent a “Conflict of 

Interest Guidelines Memo” to the NOSB. 

• Addresses how to recognize and report conflicts of 

interest. 

• Reaffirms that NOSB members are 

representatives, appointed to speak for the 

interests of a particular group. 

• Memo provides guidelines and examples, 

Standards of Conduct, and procedures for 

assessing and declaring conflicts.
Agricultural Marketing Service USDA National Organic Program

Standards of Conflict

• Don’t accept improper gifts

• Don’t use board appointments for 

private gain

• Use Government property and time 

properly.

• Don’t engage in partisan political 

activities.
Agricultural Marketing Service USDA National Organic Program

Acceptable Interests and 

Conflict of Interest 

• Acceptable interests: Interests a Board 

member carries on behalf of a represented 

group, and member receives no 

disproportionate benefit. 

• Conflicts of interest: When an interest 

directly and disproportionally benefits 

member, could impair objectivity in 

representing group interests; or could 

create an unfair competitive advantage. 
Agricultural Marketing Service USDA National Organic Program

Conflict of Interest 

Procedure

• NOSB members identify interests on proposals

• Interests that directly and disproportionately 

benefit an NOSB member lead to recusal from 

voting on that proposal at the meeting 

• Recusals will be announced at the meeting at each 

subcommittee session 

• No recusals for current proposals – NOSB 

members have interests but no disproportionate 

interests – they are representing their interest 

groups
Agricultural Marketing Service USDA National Organic Program

Public Communication Proposal

• NOSB is voting on a proposal to establish a 

year-round public communication tool that 

the public may use to submit comments to 

the NOSB and NOP any time of the year. 

• NOP supports this proposal as a tool for 

encouraging openness and transparency. 

• If the proposal passes, NOP will identify an 

appropriate tool and develop an 

implementation plan to launch it. 

• Planning and launch will be coordinated 

closely with NOSB. 
Agricultural Marketing Service USDA National Organic Program USDA/AMS/National Organic Program 14

• Proposed rule is under development.

• Current work is on explanatory text.

• How we are addressing recommendation.

• The intent of the regulation.

• How it will be implemented and enforced.

• Inter-agency clearance will take some time.

AQUACULTURE: CURRENT STATUS
Agricultural Marketing Service USDA National Organic Program

New Guidance & Policies

• NOP 5027 The Use of Kelp in Organic 

Livestock Feed

– Kelp in livestock feed must be certified organic 

after March 4, 2014. 

• NOP 5029 Seeds, Annual Seedlings, and 

Planting Stock in Organic Crop Production

– Describes “equivalent variety” and commercial 

availability requirements.

– Outlines substances and types of treatments 

allowed; what needs to be verified.
Agricultural Marketing Service USDA National Organic Program

New Guidance & Policies

• NOP 5030 Evaluating Allowed Ingredients 

and Sources of Vitamins and Minerals in 

Livestock Feed

– Clarifies permitted ingredients in livestock feed.

– Addresses how to review feed supplements and 

additives for compliance.

• Policy Memo 13-1 Cell Fusion Techniques 

used in Seed Production

– Clarifies which techniques used in cell fusion are 

considered an excluded method.

– Consistent with Canada, EU, Codex.
Agricultural Marketing Service USDA National Organic Program

Draft Guidance for Comment

Classification of Materials:

NOP 5033 – Draft Guidance: Classification of Materials

NOP 5033-1 – Synthetic / Nonsynthetic Decision Tree 

NOP 5033-2 – Agricultural / Nonagricultural Decision Tree

Materials for Organic Crop Production

NOP 5034 – Draft Guidance: Materials for Organic Crop Production

NOP 5034-1 – Materials for Organic Crop Production

NOP 5034-2 – Prohibited Materials for Organic Crop Production

• Comments due June 3, 2013 via www.regulations.gov

• Addresses 4 NOSB recommendations on classification and 

number of interim proposals related to materials. 
Agricultural Marketing Service USDA National Organic Program

Responding to Results from 

Pesticide Residue Testing

• In January 2012, NOP provided initial overview on 

this topic at annual certifier training

• Instruction to certifiers published on March 4, 2013

• Goals:

– Ensure certifiers interpret and respond to pesticide 

residue testing results in a consistent manner

– Facilitate compliance with the periodic residue testing 

rule that was effective on January 1, 2013
Agricultural Marketing Service USDA National Organic Program

Biotech test methods

• In 2012, the Office of the Inspector General recommended 

that the NOP conduct a study of testing methods that may be 

used to detect the presence of genetically modified materials 

in organic livestock feed. 

• Summarizes current guidance available to certifiers and 

producers regarding sampling and testing for GM material; 

• Describes testing technologies currently used to test organic 

livestock feed products for the presence of GM material; and 

• Discusses the sampling methods used to back up the testing 

technology. 
Agricultural Marketing Service USDA National Organic Program

Modernized Organic 

Database Report

The NOP currently posts a searchable list of certified organic 

operations once a year. 

A more modernized system is needed to provide up-to-date 

information about certified organic operations across the supply 

chain, and to increase the NOP's ability to oversee a growing 

network of certifiers and operators. 

This Needs Assessment and Business Requirements Analysis 

report describes the primary needs that would guide technology 

design and development efforts for a modernized certified 

organic operations database system. 
Agricultural Marketing Service USDA National Organic Program

NOP Other Ingredients Request

• NOP requested that NOSB clarify what “other 

ingredients” are allowed in non-agricultural substances 

listed under 205.605.

• NOSB needs to develop a comprehensive 

recommendation on “other ingredients” in 205.605 

substances.

• In the meantime, the NOSB should include reference to 

“other ingredients” in the background of their 

recommendation. Any recommended restrictions should 

be part of the recommended annotation.

• Clarification from the NOSB regarding the allowance or 

restriction of “other ingredients” will provide consistency 

to the organic trade, consumers and certifiers as the NOP 

codifies these recommendations into regulations.
Agricultural Marketing Service USDA National Organic Program

National List Petition 

Guidelines and Procedures

Finalized in 2007; published in the Federal Register; 

petition process in NOSB PPM. 

• Petition guidelines for annotation changes and removals 

should be revised to ensure sufficient information is 

provided.

• Petition process in PPM should be updated to reflect 

current workflow. 

• Petition process should be revised such that 

Confidential Business Information is not accepted as 

part of the petition. 

• Petition process should be updated to ensure timely 

Technical Report (TR) requests and approval of TRs. 
Agricultural Marketing Service USDA National Organic Program

Organic Literacy Initiative

• Launched September 2012

• Goal: connect organic producers 

and handlers with USDA programs

• Organic 101 & 201 training 

modules explain organic basics

• As of March 2013, over 10,000 

USDA employees have completed 

the training
Agricultural Marketing Service USDA National Organic Program

Preview

What’s Next?
Agricultural Marketing Service USDA National Organic Program

Focus Areas

National List rulemaking 

• Sunset 2013 proposed and final rule

• Sodium nitrate proposed rule

• New listings proposed rule

Practice Standards

• Origin of livestock

• Pet food

• Aquaculture

• Apiculture
Agricultural Marketing Service USDA National Organic Program

Focus Areas (cont.)

• Guidance documents, including: 

– Grower groups

– Inspector qualifications

– Handling unpackaged organic products

– Biodiversity

– Materials for Organic Livestock Production

• Verify international trade partnerships

• Increase international market access

• Reduce the certification burden on diversified, 

direct marketing operations
Agricultural Marketing Service USDA National Organic Program

Sound + Sensible

How to maintain organic 

integrity in a sound and 

sensible manner
Agricultural Marketing Service USDA National Organic Program

“Sound and Sensible” 

Certification Initiative

Maintaining organic integrity in a 

sound and sensible manner

Current Landscape

• Ten years of NOP implementation

• Complex regulatory scheme

• Strict process-based oversight
Agricultural Marketing Service USDA National Organic Program

Issues

• 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.
Agricultural Marketing Service USDA National Organic Program
Agricultural Marketing Service USDA National Organic Program

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
Agricultural Marketing Service USDA National Organic Program

Current Initiatives

• Organic Certification Business Process Survey

– Vela Environmental: conducting an assessment 

to identify key certification barriers for small 

businesses

– Identify ways to reduce paperwork burden

• NOSB Continuous Improvement Initiative

– How to certifying the process rather than the 

paperwork

– ACA discussion/planning session

• Ideas from Certifying Agents 
Agricultural Marketing Service USDA National Organic Program

‘Sound + Sensible’ Principles

1. Efficient Processes: Eliminate bureaucratic processes that 

do not contribute to organic integrity. 

2. Streamlined Recordkeeping: Ensure that required 

records support organic integrity and are not a barrier for farms 

and businesses to maintain organic compliance.

3. Practical Plans: Support simple Organic System Plans that 

clearly capture organic practices. 

4. Fair, Focused Enforcement: Focus enforcement on 

willful, egregious violators; handle minor violations in a way that 

leads to compliance; and publicize how enforcement protects the 

organic market. 

5. Integrity First: Focus on factors that impact organic integrity 

the most, building consumer confidence that organic products 

meet defined standards from farm to market.
Agricultural Marketing Service USDA National Organic Program

Penalty Matrix: Archived 

During Revisions

The NOP published the Penalty Matrix, NOP 

2612, in September 2012.

The Penalty Matrix provides guidance on 

progressive corrective action.

In the spirit of ‘Sound and Sensible’ we are 

reworking this resource to focus on practices 

instead of paperwork.

It is currently online in archived form and will 

be updated when updates are complete.
Agricultural Marketing Service USDA National Organic Program

NOP Auditor Recalibration 

Training

• Week long training in May for all NOP Auditors 

(GVD and NOP)

• Organic System Plans, Updates, and Notification

• Adequate Records

• Technical Assistance

• Five Steps to Certification

• Organic Certificates

• Grower Groups
Agricultural Marketing Service USDA National Organic Program

New and Revised Instructions

• New Instructions

– Technical Assistance

– OSPs, updates and Notification

– Performance Evaluation, Program Review

• Revisions

– Penalty Matrix

– Five Steps to Certification

– Organic Certificates

– Records
Agricultural Marketing Service USDA National Organic Program

Technical Assistance

• 205.501(a)(8) requires certifiers to provide 

sufficient information to operations to 

enable them to comply

• 205.501(a)(11)(iv) prohibits 

inspectors/certifiers from consulting

• New Instruction clarifies that inspectors are 

encouraged to provide and collect 

information and prohibited from consulting.

• Provides examples
Agricultural Marketing Service USDA National Organic Program

Technical Assistance Vs. 

Consulting

Technical Assistance

• Broad/general 

information

• Educational

• Available to 

everyone, including 

the general public

Consulting

• Specific advice 

directed at an 

individual 

operation

• Not publicly 

available
Agricultural Marketing Service USDA National Organic Program

New Instruction on Organic 

System Plans, OSP updates and 

notification

Distinguishes between –

• Organic System Plan

• Organic System Plan Update – Annual 

requirement

• Notification – for drift, application of 

prohibited substance, changes that affect 

compliance
Agricultural Marketing Service USDA National Organic Program

Key Messages

• Certifying agents must ensure 

organic integrity while setting 

sensible limits on paperwork

• Obtain enough information to 

verify compliance, but ...

• Minimize the amount of 

documentation required for 

certification 

40
Agricultural Marketing Service USDA National Organic Program

Sound and Sensible

• Certification should be sound:

– Verify and enforce compliance 

– Take action on noncompliances

• Certification should be sensible:

– Reasonable records that verify 

compliance 

– Educate clients on USDA organic 

requirements
Agricultural Marketing Service USDA National Organic Program

Sound and Sensible

• NOSB recommendations should be sound:

– Maintain and uphold organic principles - e.g. 

biodiversity, continuous improvement, biological 

pest management, soil building

• NOSB recommendations should be sensible:

– Reasonable for producers and handlers to 

comply with

– No undue burden on small businesses

– Implementable and Enforceable 
Agricultural Marketing Service USDA National Organic Program

The Seven of Pentacles 

Marge Piercy
Agricultural Marketing Service USDA National Organic Program

Thank You

Organic Integrity from

Farm to Table, 

Consumers Trust the

Organic Label