I I 

Western Organic Dairy Producers Alliance 

Executive Director 

Richard Mathews 

717-457-0100 

Officers 

President 

Andrew Dykstra, WA 

360-661-4302 

1st Vice President 

Sean Mallett, ID 

208-308-2590 

2nd Vice President 

Ward Burroughs, CA 

209-678-5967 

Secretary 

Darby Heffner, CA 

707-696-5154 

Treasurer 

Tony Schilter, WA 

360-880-3457 

State 

Representatives 

Mario Avelar, CA 

Dale Bingham, ID 

Jamie Kalseo, NM 

Pete Mahaffy, OR 

Tim Miranda, TX 

Dennis Schakel, WA 

Mike Wangsgard, UT 

At Large 

Representatives 

Christian Alexandre, CA 

Jen Beretta, CA 

Jordan Funk, ID 

BJ Haugen, WA 

Richard Hughes, CA 

Kyle Miranda, CA 

University Advisor 

Cindy Daley, PhD 

California State University, 

Chico 

Ex Officio 

Tony Azevedo, CA 

July 10, 2015 

Organic Promotion, Research, and Information Order 

Room 3071-S, STOP 0201 

Agricultural Marketing Service, USDA 

1400 Independence A venue, SW 

Washington, D.C. 20250-201 

Dear Administrator Alonzo: 

Thank you for the opportunity to submit alternative proposals or partial proposals 

on a new industry-funded promotion, research and information order for organic 

products. 

The Western Organic Dairy Producers Alliance (WODPA) hereby submits the 

enclosed partial proposal. 

WODPA is a nonprofit Mutual Benefit Corporation. Our purpose is to enable 

organic dairy farmers, situated across an extensive area in the west, to maintain the 

sustainability of organic dairy farming. We represent nearly 250 organic dairy 

farm families. 

Our partial proposal includes the following: 

1. Definition for organic producer/handler; 

2. Board provisions addressing 

a) Establishment and membership; 

b) Nominations and appointments; 

c) Term of office; 

3. Referenda provisions (initial and subsequent); and 

4. Conduct of referenda provisions addressing: 

a) Definitions for eligible voter and eligible impo1ter; 

b) Voting 

c) Instructions-Mailing voting instructions, ballots, and proposed 

order summary. 

Our paitial proposal assures the following goals: 

1. All organic certificate holders have a voice in the initial referendum. This 

is critical due to the fact that any assessment program based on economic 

status (Rather than acreage as in the past.) will be subject to significant 

swings in those subject to the assessment. This is due to the economic 
Admi nistrator A lonzo 2 

fluidity of business, especially an agricultural business subjected to frequent environmental changes, 

which result in annual revenue fluctuations. 

2. Producers and handlers will be equally represented on the Board by restricting producer positions to 

producers. This is accomplished by designating producer/handlers (those who hold organic certification 

as producers and handlers) as handlers only eligible to serve in handler positions. 

3. Referendum procedures are well communicated and voting is made easy by sending a ballot to every 

eligible certificate holders for return by mail or facsimile. 

Thank you for your consideration of our pa1tial proposal. Should you have questions regarding our proposal, I 

can be reached at 717-457-0100 or via email at rhmathews51@comcast.net. 

Sincerely, 

Richard H. Mathews 

Executive Director 
1 

2 

3 

4 

5 

6 

Partial Proposal 

Organic Promotion, Research and Information Order 

Submitted By 

Western Organic Dairy Producers Alliance 

July 10, 2015 

7 Subpart A- National Organic Research and Promotion Order 

8 

9 For Inclusion in Definitions 

10 

11 Organic producer/handler. 

12 

13 Organic producer/handler means a person who, individually or via multiple entities, is an 

14 organic ce1tificate holder as an organic producer and an organic handler. 

15 

16 NATIONAL ORGANIC RESEARCH AND PROMOTION BOARD 

17 

18 For Inclusion as 

19 

20 §12XX.40 Establishment and membership. 

21 

22 (a) Establishment of the National organic Research and Promotion Board. There is 

23 hereby established a National Organic Research and Promotion Board, or such other name as 

24 recommended by the Board and approved by the Depaiiment, hereinafter called Board, to 

25 administer the terms and provisions of this Order. Seats on the Board shall be appo1t ioned as set 

26 fo1th in paragraph (b) of this section. There shall be no alternate Board members. 

27 

28 (b) Membership. The Board shall be composed of 17 members, appointed by the 

29 Secretary from nominations, as follows: 

30 

31 (1) One producer member from each of the following regions: 

32 

33 (i) Region #1 Pacific Northwest: Alaska, Hawaii, Washington, Oregon, Montana, and 

34 Idaho; 

35 

36 (ii) Region #2 Northern California: the counties of Alameda, Alpine, Amador, Butte, 

37 Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, 

38 Mendocino, Modoc, Mono, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San 

39 Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, 

40 Stanislaus, Sutter, Tehama, Trinity, Yolo, and Yuba; 

41 

42 (iii) Region #3 Southern California: the counties of Fresno, Imperial, Inyo, Kern, Kings, 

43 Los Angeles, Madera, Mariposa, Merced, Monterey, Orange, Riverside, San Benito, San 

44 Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tulare, Tuolumne, and Ventura; 

45 

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1 (iv) Region #4 Southwest: Arizona, Colorado, Utah, Nevada, New Mexico, Texas, and 

2 Wyoming; 

3 

4 (v) Region #5 North Central: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, 

5 Missouri, Nebraska, No1th Dakota, Ohio, South Dakota, and Wisconsin; 

6 

7 (vi) Region #6 Southeast: Alabama, Arkansas, Florida, Georgia, Kentucky, Oklahoma, 

8 Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, as well as the 

9 territories of Pue1to Rico, and the U.S. Virgin Islands, and all other pa1ts of the United States not 

10 listed in paragraphs (b)(l), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(7) of this section; and 

11 

12 (vii) Region #7 No1theast: Connecticut, Delaware, Maine, Maryland, Massachusetts, 

13 New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, West Virginia, 

14 and the District of Columbia; 

15 

16 (2) One member shall be a voluntarily assessed organic producer, who shall have gross 

17 organic revenue less than $250,000; 

18 

19 (3) Four organic handlers or organic producer/handlers; 

20 

21 (4) Two organic product processor members; 

22 

23 (5) One member shall be a voluntarily assessed organic handler or impo1ter, who shall 

24 have gross organic revenue less than $250,000; 

25 

26 (6) One organic importer member; ~nd, 

27 

28 (7) One at-large public member. 

29 

30 (c) Insufficient nominees. Should there be no nominees for the voluntarily assessed 

31 organic producer position, the Secretary shall appoint one of the nominees from among those 

32 received for the 7 other producer positions. Should there be no nominees for the voluntarily 

33 assessed organic handler or impmter position, the Secretary shall appoint one of the nominees 

34 from among those received for the organic handlers or organic producer/handlers positions or the 

35 importer position. 

36 

37 (d) Adjustment of regions. At least once in every five years, the Board will review the 

38 geographical distribution of United States certified organic producers. The review will be 

39 conducted using the NOP's list of certified organic producer operations. If warranted, the Board 

40 will recommend to the Secretary that the makeup of the regions be adjusted to reflect changes in 

41 United States geographical distribution of ce1tified organic producer operations. Any changes in 

42 regional makeup shall be implemented through notice and comment rulemaking. 

43 

44 For Inclusion as 

45 

46 §12XX.41 Nominations and appointments. 

47 

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1 (a) Nominees must be organic producers, organic handlers, or organic importers with 

2 gross organic revenue of at least $250,000 who produce, handle or impmt in excess of $250,000 

3 of organic products in a marketing year, except for the two voluntarily assessed members and the 

4 at-large public member. Organic producer/handlers and impo1ters holding a producer 

5 certification shall not be nominated or appointed to fill any of the producer positions. 

6 

7 (b) Initial nominations shall be submitted to the Secretary. Before considering any 

8 nominations, the Secretary shall publicize the nomination process, using trade press or other 

9 means deemed appropriate, and shall conduct outreach to all known organic producers, organic 

10 handlers, organic product processors, and organic impo1ters to generate nominees that reflect the 

11 range of operations within the organic industry. The Department may use local, state, or regional 

12 entities, mail or other methods to elicit potential nominees. The Department shall ensure that all 

13 eligible candidates are aware of the opportunity to serve on the Board. The Secretary shall select 

14 the initial members of the Board from the nominations submitted. 

15 

16 (c) Subsequent nominations shall be conducted as follows: 

17 

18 (1) The Board shall conduct outreach to all known organic producers, organic handlers, 

19 organic product processors and organic importers with gross organic revenue in excess of 

20 $250,000 in a marketing year and all voluntarily assessed producers, handlers, and importers. 

21 Organic producers, including those volunteering to be assessed, may submit nominations to the 

22 Board. Organic handlers, producer/handlers, and impo1ters volunteering to be assessed, may 

23 submit nominations to the Board. Organic handlers, organic product processors organic 

24 importers, and at large public member candidates may submit nominations to the Secretary; 

25 

26 (2) Organic producers, including those volunteering to be assessed, shall provide the 

27 Board with a short background statement outlining their qualifications to serve on the Board. 

28 Organic handlers, producer/handlers, and impo1ters volunteering to be assessed, shall provide the 

29 Board with a short background statement outlining their qualifications to serve on the Board. 

30 Organic handler, organic importer, organic product processor, and at large public member 

31 nominees shall provide the Secretary with a shmt background statement outlining their 

32 qualifications to serve on the Board; 

33 

34 (3) Organic producers must be domiciled in the region for which they seek nomination. 

35 Nominees must specify for which region they are seeking nomination. The names of nominees 

36 shall be placed on a ballot by region. The ballots along with the background statements shall be 

37 mailed to all organic producers in that pa1ticular region with gross organic revenue in excess of 

38 $250,000 per marketing year, and any organic producer in that region that has remitted a 

39 voluntary assessment pursuant to §12XX.52(b) for the previous marketing year. Organic 

40 producers may vote in each region in which they produce organic products. The votes shall be 

41 tabulated for each region and the nominees receiving the highest number of votes shall be placed 

42 at the top of the list in descending order by vote. The top two candidates for each position shall 

43 be submitted to the Secretary at least six months before the new Board term begins; 

44 

45 (4) For the producer seat allocated to voluntarily assessed organic producers, the names 

46 of nominees shall be placed on a ballot. The ballot along with the background statements shall be 

47 mailed to all voluntarily assessed producers. The votes shall be tabulated and the nominees 

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1 receiving the highest number of votes shall be placed at the top of the list in descending order by 

2 vote. The top two candidates for this position shall be submitted to the Secretary at least six 

3 months before the new Board term begins. Should there be no nominees for the voluntarily 

4 assessed organic producer position, the Secretary shall appoint one of the nominees from among 

5 those received for the 7 other producer positions; 

6 

7 (5) For the organic handler or importer seat allocated to voluntarily assessed organic 

8 handlers, producer/handlers, and importers, the names of nominees shall be placed on a ballot. 

9 The ballot along with the background statements shall be mailed to all voluntarily assessed 

10 organic handlers, producer/handlers, and imp01ters. The votes shall be tabulated and the 

11 nominees receiving the highest number of votes shall be placed at the top of the list in 

12 descending order by vote. The top two candidates for this position shall be submitted to the 

13 Secretary at least six months before the new Board term begins. Should there be no nominees for 

14 the voluntarily assessed organic handler or importer position, the Secretary shall appoint one of 

15 the nominees from among those received for the organic handlers or organic producer/handlers 

16 positions or the importer position. 

17 

18 (6) Candidates for the Board seats allocated to organic handlers, organic product 

19 processors, organic impmter, and at-large public member may self nominate by submitting an 

20 application directly to the Secretary; 

21 

22 (7) Any person nominated or self nominating to serve on the Board shall file a 

23 background questionnaire with the Secretary at the time of the nomination; 

24 

25 (8) *** 

26 

27 (9) *** 

28 

29 . (10) The Board may recommend to the Secretary modifications to its nomination 

30 procedures as it deems appropriate. Any such modifications shall be implemented through notice 

31 and comment rulemaking; and, 

32 

33 (11) *** 

34 

35 For Inclusion as 

36 

37 §12XX.42 Term of office. 

38 

39 (b) For the initial Board, the terms of the Board members shall be staggered for two, three 

40 and four years as follows: 

41 

42 (i) 2-year term-Region #2, Region #6, 1 voluntarily assessed organic producer, 1 

43 voluntarily assessed organic handler or impo1ter, I organic handler or organic producer/handler, 

44 and I organic product processor. 

45 

46 (ii) 3-year term-Region #4, Region #7, 1 at-large public member, 2 organic handlers or 

47 organic producer/handlers, and I organic product processor. 

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1 

2 (iii) 4-year term-Region #1, Region #3, Region #5, l impmter, and 1 organic handler or 

3 organic producer/handler. 

4 

s MISCELLANEOUS 

6 

7 For Inclusion as 

8 

9 §12.XX.81 Referenda. 

10 

11 (a) Initial referendum. The Secretary shall conduct an initial referendum among all 

12 organic producers and handlers, of the States as defined in § 12XX.29, with a valid organic 

13 certificate, and all organic importers of the States who, during a representative period determined 

14 by the Secretary, have been engaged in the production, handling, or importation of organic 

15 products. Gross income shall have no bearing on eligibility to paiticipate in the initial 

16 referendum. The Order shall not become effective unless: 

17 

18 (1) The Secretary determines that the Order is consistent with and will effectuate the 

19 purposes of the Act; and 

20 

21 (2) The Order is approved by not less than two-thirds of the producers voting in such 

22 referendum and not less than two-thirds of the handlers and importers voting in such referendum. 

23 A single eligible voter may cast one vote in the referendum regardless of the number of organic 

24 ce1tificates held. Bloc voting shall be prohibited. 

25 

26 (b) Subsequent referenda. Every five years, the Secretary shall hold a referendum to 

27 determine whether assessed entities favor the continuation, suspension, or termination of the 

28 Order. The Order shall continue if it is favored by a majority of the assessed entities voting. The 

29 Secretary will also conduct a referendum if 5 percent or more of all assessed entities request the 

30 Secretary to hold a referendum. In addition, the Secretary may hold a referendum at any time. 

31 Bloc voting shall be prohibited. 

32 

33 Subpart B-Procedures for the Conduct of Referenda in Connection with the National 

34 Organic Research and Promotion Order 

35 

36 For Inclusion as 

37 

38 §12.XX.101 Definitions. 

39 

40 (e) Eligible voter means any person who is currently (i) an organic producer or organic 

41 handler that either has gross organic revenue in excess of $250,000 in organic products during 

42 the representative period, (ii) an eligible importer, or (iii) an organic producer, organic handler or 

43 eligible importer that has voluntarily opted to remit an assessment pursuant to § 12XX.53, 

44 Except, That for purposes of the initial referendum all certified organic producers and handlers 

45 and impo1ters of organic products are eligible to vote regardless of their gross organic revenue 

Page 5 of 6 
1 level. Any person holding multiple organic certificates (i.e. for both production and handling) 

2 shall be entitled to a single vote in the certification category of their choosing. 

3 

4 For Inclusion as 

5 

6 §12XX.102 Voting. 

7 

8 (a) Each eligible voter shall be entitled to cast only one ballot in the referendum. 

9 

10 (b) Proxy voting is not authorized, but an officer or employee of an eligible voter, or an 

11 administrator, executor, or trustee of an eligible voter may cast a ballot on behalf of such eligible 

12 voter. Any individual so voting in a referendum shall certify that such individual is an officer or 

13 employee of the eligible voter, or an administrator, executive, or trustee of an eligible voter and 

14 that such individual has the authority to take such action. Upon request of the referendum agent, 

15 the individual shall submit adequate evidence of such authority. 

16 

17 (c) All ballots are to be cast by mail or by facsimile, as instructed by the Secretary. 

18 

19 For Inclusion as 

20 

21 §12XX.103 Instructions. 

22 

23 ( d) Mail to eligible producers and importers whose names and addresses are known to the 

24 referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions 

25 of the proposed Order. No person who claims to be eligible to vote shall be refused a ballot. 

26 

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