This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

104367 

Vol. 89, No. 246 

Monday, December 23, 2024 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. No. AMS–NOP–22–0063] 

RIN 0581–AE13 

National Organic Program; Market 

Development for Mushrooms and Pet 

Food 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The United States Department 

of Agriculture (USDA) Agricultural 

Marketing Service (AMS) is amending 

the USDA organic regulations to clarify 

standards for organic mushrooms and 

organic pet food. The topics addressed 

by the rule include mushroom substrate 

composition and sourcing of mushroom 

spawn in organic mushroom 

production, composting requirements 

for organic mushroom production, 

composition and labeling requirements 

for organic pet food, and the use of 

certain synthetic substances, including 

taurine, in organic pet food. 

DATES: 

Effective date: This rule is effective 

February 21, 2025. 

Compliance date: Organic operations 

must comply with the requirements of 

this rule by February 22, 2027. 

For additional discussion, see section 

I.C. of this document. 

FOR FURTHER INFORMATION CONTACT: Erin 

Healy, Director, Standards Division, 

National Organic Program. Telephone: 

202–720–3252. Email: Erin.Healy@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this final rule apply to me? 

B. Summary of Provisions 

C. Implementation and Compliance Dates 

II. Background 

A. Purpose and Need for the Rule 

B. National Organic Standards Board 

(NOSB) Recommendations on 

Mushrooms and Pet Food 

C. Community and Stakeholder Feedback 

D. Authority 

III. Organic Mushroom Standard 

A. Mushroom Background 

B. Need for Organic Mushroom Standards 

C. Overview of Final Rule Policy and 

Responses to Comments 

IV. Organic Pet Food Standard 

A. Pet Food Background 

B. Need for Organic Pet Food Standards 

C. Overview of Final Rule Policy and 

Responses to Comments 

V. Regulatory Analyses 

A. Executive Orders 12866, 13563, 14094, 

and the Regulatory Flexibility Act 

B. Executive Order 12988 

C. Executive Order 13132 

D. Executive Order 13175 

E. Civil Rights Impact Analysis 

F. Paperwork Reduction Act 

I. General Information 

A. Does this final rule apply to me? 

You may be affected by this final rule 

if you are engaged in organic mushroom 

production, pet food handling, or 

related activities. Potentially affected 

entities may include, but are not limited 

to, the following: 

• Organic mushroom producers 

(including organic spawn producers); 

• Organic pet food manufacturers; 

• Individuals or business entities that 

are considering organic certification for 

pet food or mushroom production (or 

related activities, such as spawn 

production); 

• USDA-accredited certifying agents 

(or ‘‘certifiers’’), inspectors, and 

certification review personnel. 

This list is not exhaustive but 

identifies key entities that this rule may 

affect. Other types of entities may also 

be affected. To determine whether you 

or your business may be affected by this 

action, you should carefully examine 

the regulatory text and discussion 

below. If you have questions regarding 

the applicability of this rule to a 

particular entity, contact the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. Summary of Provisions 

Through the amendments in this final 

rule, AMS is establishing standards for 

organic mushroom production and pet 

food handling. The standards are 

discussed in detail in this document. In 

summary, the rule: 

• Establishes definitions for 

mushroom, mushroom mycelium, 

mushroom spawn, mushroom spawn 

media, and mushroom substrate for the 

purposes of the USDA organic 

regulations. 

• Clarifies that mushrooms are a type 

of crop and updates the definition of 

crops to include mushrooms. 

• Creates a new section of the organic 

regulations titled ‘‘Mushroom 

Production Practice Standard,’’ to 

describe standards related to the 

production of mushrooms, mushroom 

spawn, and products of mushroom 

production. 

• Specifies allowed substances in 

organic mushroom spawn media and 

organic mushroom substrate. 

• Requires that uncomposted plant 

materials used in mushroom substrate 

be organic when commercially 

available; requires that operations 

describe in their organic system plan the 

procedures and criteria used to search 

for organic materials and the 

recordkeeping system used to track 

purchases of nonorganic plant materials. 

• Allows nonorganic wood materials 

in mushroom substrate and spawn 

media. 

• Requires that operations use organic 

mushroom spawn when commercially 

available. 

• Describes minimum requirements 

for compost used in mushroom 

substrate. (The requirements for 

compost used in other types of crop 

production (i.e., plants) are unchanged.) 

• Establishes definitions for pet and 

pet food for the purposes of the USDA 

organic regulations and clarifies that pet 

food is distinct from livestock feed 

under these regulations. 

• Clarifies the requirements for 

composition and labeling of organic pet 

food using the existing regulatory 

framework for processed organic 

products. 

• Allows use of synthetic taurine (an 

amino acid) in organic pet food, as well 

as other vitamins and minerals that are 

approved by the Food and Drug 

Administration. 

C. Implementation and Compliance 

Dates 

As described in the DATES section of 

this rule, this rule becomes effective on 

February 21, 2025. However, AMS is 

allowing an additional two (2) years for 

organic operations to comply with the 

requirements of the final rule. Organic 


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1Organic Trade Association. (2024). Organic 

Industry Survey. p. 41. 

2USDA, National Agricultural Statistics Service. 

(August 21, 2024). ‘‘Mushrooms.’’ 

3Organic Trade Association. (2024). Organic 

Industry Survey. p. 69. 

operations must comply with the final 

rule by February 22, 2027. 

The compliance date establishes the 

date by which organic operations must 

comply with the requirements. 

However, organic operations may 

choose to comply with the final rule 

prior to the compliance date. For 

example, pet food operations may use 

taurine in organic pet food starting on 

the effective date of the final rule. 

For a discussion of the public 

comments related to the rule’s 

implementation and compliance dates, 

see ‘‘Responses to Public Comments on 

Implementation Timeline’’ sections 

below in III.C. for mushrooms and IV.C. 

for pet food. 

II. Background 

A. Purpose and Need for the Rule 

This final rule amends the USDA 

organic regulations to establish specific 

standards for organic mushroom 

production and organic pet food 

handling. The purpose of these 

amendments is to resolve uncertainty 

and inconsistency in how the organic 

regulations apply to these two products. 

Inconsistent certification and 

enforcement practices for organic 

mushrooms and pet food fail to meet 

one of the purposes of the Organic 

Foods Production Act (OFPA): to assure 

consumers that organically produced 

products meet a consistent standard (7 

U.S.C. 6501(2)). Based on market 

penetration data and feedback from 

stakeholders, AMS believes that creating 

more consistency in the market and 

ensuring regulatory certainty will create 

conditions for growth in these two 

markets and other latent markets that 

support them, such as the markets for 

mushroom substrate and organic 

slaughter by-products. 

Certifiers have been using the organic 

crop production standards to certify 

organic mushrooms; however, AMS 

believes new standards are necessary to 

adequately address unique aspects of 

mushroom production that differ 

significantly from plant production. 

Certifiers’ attempts to interpret the 

existing crop standards for mushroom 

production are currently inconsistent, 

which may lead to producers 

inconsistently applying the standards to 

substrate, spawn, and compost for 

mushroom production. 

Similarly, the current organic 

regulations do not specifically address 

pet food. Producers and certifiers have 

been applying a combination of the 

handling standards for processed 

products and the organic livestock feed 

standards to certify organic pet food, but 

their practices were not uniform. 

Neither the handling standards nor the 

livestock standards are sufficient to 

address the range of ingredients and 

nutrients that are necessary for pets. For 

example, the livestock feed standards 

include allowances for many of the 

nutrients that are necessary for pets but 

prohibit common pet food ingredients, 

such as slaughter by-products (e.g., 

animal and poultry by-product meal, 

animal liver). 

This rule also addresses feedback 

from the organic industry, which has 

asked USDA to implement outstanding 

NOSB recommendations, including 

standards for these two product 

categories. Stakeholders encouraged 

AMS to prioritize rulemaking for 

additional practice standards, including 

standards for organic pet food and 

mushrooms, at the March 2022 virtual 

listening session hosted by AMS. The 

changes in this rule are based on NOSB 

recommendations for mushroom 

production and pet food handling in 

response to the organic industry’s 

interest in further developing the 

organic standards for these markets. 

Market penetration data supports the 

idea that the organic mushroom and 

organic pet food markets have a 

reasonable expectation of growth if 

uncertainty and inconsistency are 

removed as barriers. Both markets 

currently lag behind their mostcomparable organic sectors. In 2023, 

sales of organic produce accounted for 

a 15.2 percent share of all produce sales 

in the United States,1 but mushrooms 

sold as organic only accounted for 9.6 

percent of all mushroom sales during 

the 2023–2024 marketing year.2

Considering that the consumer 

experience of purchasing mushrooms is 

typically similar to purchasing fruits 

and vegetables (they are packaged 

similarly and found in the same section 

of the grocery store), it is reasonable to 

conclude that some external barrier is 

inhibiting the organic mushroom 

market. Similarly, organic pet food 

accounts for only 0.32 percent of all pet 

food sales. The closest organic category 

of comparison for organic pet food is 

organic non-food products, which 

includes other products humans do not 

eat (e.g., linen/clothing, supplements, 

and personal care products). All other 

non-food product types tracked by the 

Organic Trade Association have at least 

twice the market share of organic pet 

food, with the organic products 

accounting for between 0.76 percent to 

3.3 percent of their total market sales.3

In conclusion, AMS believes that 

clear and consistent standards for 

organic mushrooms and pet food may 

create the conditions necessary for 

organic markets to develop. Regulatory 

certainty encourages investment in 

nascent markets; investment increases 

production capacity; and production 

enables market growth. Clear standards 

will promote growth in the development 

of these markets by increasing 

consistency in certification and 

enforcement and removing uncertainty 

as a regulatory barrier to production and 

certification. Additionally, growth in 

these markets is likely to ensure 

consistent demand for organic inputs in 

underdeveloped markets like organic 

meat and organic slaughter by-products. 

Ensuring consistent standards across the 

organic industry also protects the 

integrity of the organic seal by building 

consumer trust in the label. 

AMS provides additional discussion 

of the need for organic mushroom and 

pet food standards in the respective 

sections below (see ‘‘III.B. Need for 

Organic Mushroom Standards’’ and 

‘‘IV.B. Need for Organic Pet Food 

Standards’’). 

B. National Organic Standards Board 

(NOSB) Recommendations on 

Mushrooms and Pet Food 

The NOSB is a Federal advisory 

committee established by OFPA (7 

U.S.C. 6518) to provide 

recommendations to USDA on the 

development of organic standards and 

regulations. NOSB recommendations are 

developed through a rigorous process 

involving technical information, 

stakeholder input through public 

comment, open meetings, and a decisive 

two-thirds majority vote of the Board. 

Although the Board cannot direct or 

bind USDA through its 

recommendations, USDA uses the 

NOSB recommendations to inform 

rulemaking, including this rulemaking. 


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4NOSB. (April 24–28, 1995). ‘‘Final minutes of 

the National Organic Standards Board full board 

meeting.’’ http://www.dairyprogramhearing.com/ 

getfile32e532e5.pdf?

dDocName=STELPRDC5057442. 

5NOSB. (2001). ‘‘NOSB Final Recommendation 

on Mushroom Practice Standards.’’ https://

www.ams.usda.gov/sites/default/files/media/ 

Recommended%20Mushroom%20Standards.pdf. 

6NOSB. (November 19, 2008). ‘‘Formal 

Recommendation from NOSB to NOP: Organic Pet 

Food Standards.’’ https://www.ams.usda.gov/sites/ 

default/files/media/NOP%20Final%20

Rec%20Pet%20Food.pdf. 

7NOSB. (April 11, 2013). ‘‘Formal 

Recommendation from NOSB to NOP: Petition to 

add Required Synthetic Amino Acids for Pet Food.’’ 

https://www.ams.usda.gov/sites/default/files/ 

media/NOP%20Livestock%20

Final%20Rec%20Pet%20Food%20Amino%20

Acid%20amended.pdf. 

8NOSB. (November 19, 2008). ‘‘Formal 

Recommendation from NOSB to NOP: Organic Pet 

Food Standards.’’ https://www.ams.usda.gov/sites/ 

default/files/media/NOP%20Final%20

Rec%20Pet%20Food.pdf. 

9The 2008 recommendation listed taurine and 

other additives as ‘‘materials for possible petition to 

the National List for use in Pet Food.’’ In 2013, the 

NOSB passed a motion to specifically recommend 

listing taurine ‘‘as a feed additive for use in pet 

food, only.’’ See NOSB. (April 11, 2013). ‘‘Formal 

Recommendation from NOSB to NOP: Petition to 

add Required Synthetic Amino Acids for Pet Food.’’ 

https://www.ams.usda.gov/sites/default/files/ 

media/NOP%20Livestock%20

Final%20Rec%20Pet%20

Food%20Amino%20Acid%20amended.pdf. 

10USDA, NOP. (March 21, 2022). ‘‘National 

Organic Program priorities listening session.’’ 

https://www.ams.usda.gov/event/national-organicprogram-priorities-listening-session. 

11 Data from the Institute for Feed Education & 

Research indicates that approximately 23 percent of 

the ingredient weight in conventional pet food is 

animal by-product and meal. This estimate is then 

applied to the estimate for pounds of organic pet 

food as reported by the Organic Trade Association 

and current market prices. Institute for Feed 

Education & Research. (March 2020). ‘‘Pet food 

production and ingredient analysis.’’ Organic Trade 

Association. (2022). Organic Industry Survey. p. 56. 

Several times in its history, the NOSB 

has recognized the unique production 

needs of organic mushrooms and pet 

food and recommended standards 

specific to each market. The Board 

recommended organic mushroom 

standards in April 1995 4 and again in 

October 2001.5 Subsequently, the NOSB 

made a recommendation on organic pet 

food standards in November 2008,6 and 

in April 2013, the NOSB recommended 

amending the National List of Allowed 

and Prohibited Substances (or ‘‘National 

List’’) to include taurine for use in pet 

food.7 This final rule is AMS’s first 

rulemaking action related to these 

recommendations. The NOSB 

recommendations are discussed below. 

NOSB Recommendations on Mushroom 

Production 

In 2001, the NOSB recommended 

standards to: 

• Prevent contact between organically 

produced mushrooms or mushroom 

growth substrates and prohibited 

substances; 

• Require the use of organic spawn 

when commercially available; 

• Require organically produced 

agricultural materials in mushroom 

substrate; and 

• Allow nonorganic wood materials 

(e.g., sawdust) in mushroom substrate if 

trees have not been treated with 

prohibited substances for three years 

prior to harvest and have not been 

treated with prohibited substances after 

harvest. 

NOSB Recommendations on Pet Food 

In November 2008, the NOSB 

recommended that organic claims on 

pet food should be regulated under a 

combination of organic livestock feed 

standards and organic processed 

products labeling requirements.8 The 

NOSB recommended standards to: 

• Clarify which animals the pet food 

requirements would apply to by 

defining ‘‘pets’’ in the regulations; 

• Label organic pet food using a 

framework consistent with labeling for 

organic human food, allowing the 

‘‘organic’’ claim that requires a 

minimum of 95 percent organic 

ingredients and the ‘‘made with organic 

(specified ingredients or food group(s))’’ 

claim that requires a minimum of 70 

percent organic ingredients; 

• Clarify that organic slaughter byproducts can be a component of organic 

pet food; and 

• Allow taurine for use in pet food by 

adding it to the National List of allowed 

synthetic substances.9

AMS used the NOSB 

recommendations to inform this 

rulemaking. 

C. Community and Stakeholder 

Feedback 

When developing this Market 

Development rule, AMS considered 

industry and stakeholder requests for 

specific mushroom and pet food 

standards, in addition to the NOSB 

recommendations. In March 2022, the 

National Organic Program (NOP) hosted 

a public listening session to give 

stakeholders the opportunity to 

comment on NOP’s rulemaking 

priorities.10 During the listening 

session, many stakeholders provided 

written and oral comment to ask AMS 

to prioritize rulemaking for products, 

including mushrooms and pet food, that 

are currently being certified without 

standards specific to their unique 

production categories. Several 

stakeholders specifically suggested 

developing mushroom standards and 

noted that existing crop standards, 

including compost requirements, were 

not suited for mushroom production. 

Similarly, some commenters discussed 

the importance of establishing 

consistent pet food standards, naming it 

as another product that is currently 

certified without specific standards. 

AMS also engaged directly with 

mushroom experts, producers, and trade 

associations about organic mushroom 

production in developing the proposed 

rule. These discussions affirmed that, 

without specific standards, certifiers are 

not consistent in how they apply 

organic standards to mushroom 

production. Comments received during 

the public comment period for the 

proposed rule confirmed that certifiers 

interpret the existing standards in 

different ways. Through industry 

feedback and comments during the 

public comment period—submitted by a 

range of industry parties—AMS learned 

what aspects of mushroom production 

need specific standards to ensure 

consistent application across certifiers 

and producers. This includes 

requirements for compost, origin and 

composition of substrate materials used 

for growing mushrooms, and origin and 

composition of spawn. 

Discussions with experts in the pet 

food industry, conducted prior to 

publishing the proposed rule, revealed 

that the key challenge with labeling pet 

food as organic is uncertainty around 

the allowance of specific ingredients. 

For example, under the current organic 

regulation, it is unclear if pet food 

manufacturers may use meat (i.e., the 

edible part of animal muscle and 

organs) or slaughter by-products (i.e., 

the parts of an animal not typically 

consumed by humans, such as poultry 

by-product meal or animal liver) in 

organic pet food. It is also unclear 

whether some necessary synthetic 

ingredients in pet food, such as taurine, 

are allowed (for additional discussion, 

see ‘‘§ 205.605 National List— 

Description of Final Policy’’ in section 

IV.C). 

Additionally, stakeholders have noted 

that allowing organic slaughter byproducts in organic pet food will allow 

livestock producers and slaughter 

facilities to earn organic premiums for 

these organic slaughter by-products, 

which would otherwise be sold without 

a premium for use in nonorganic 

products. AMS estimates that this rule 

could ensure consistent demand for 

over 6 million pounds of organic 

slaughter by-products annually, which 

is likely to grow over time.11

Overall, this rulemaking addresses a 

need identified by the NOSB, industry 


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12The Organic Foods Production Act of 1990, 7 

U.S.C. 6501–6524, is the statute from which the 

Agricultural Marketing Service derives authority to 

administer the NOP, and authority to amend the 

regulations as described in this final rule. The text 

of the codified statute is available at: https://

uscode.house.gov/view.xhtml?path=/prelim@title7/ 

chapter94&edition=prelim. 

13USDA, AMS. (December 21, 2000). ‘‘National 

Organic Program.’’ Final Rule. 65 FR 80548 

(codified at 7 CFR part 205). https://

www.federalregister.gov/documents/2000/12/21/00- 

32257/national-organic-program. 

14USDA, AMS. (March 20, 2001). ‘‘National 

Organic Program; Correction of the effective date 

under Congressional Review Act (CRA).’’ Final 

Rule. 66 FR 15619. https://www.federalregister.gov/ 

documents/2001/03/20/01-6836/national-organicprogram-correction-of-the-effective-date-undercongressional-review-act-cra. 

stakeholders, and public comments on 

the proposed rule. AMS expects that the 

specific standards in this final rule will 

support the development of organic 

markets for organic mushrooms and pet 

food by reducing uncertainty among 

certifiers, consumers, producers, and 

manufacturers. A full discussion of 

public comments received on the 

proposed rule, and AMS’s responses to 

comments, can be found in later 

sections. 

D. Authority 

OFPA 12 authorizes the USDA to 

promulgate regulations to establish an 

organic certification program for 

producers and handlers of agricultural 

products that have been produced using 

organic methods (7 U.S.C. 6503(a)). This 

rule establishes new production and 

certification standards for two categories 

of products that are currently certified 

but lack specific organic standards. In 

establishing these standards, this rule 

supports the three purposes of OFPA: 

‘‘(1) to establish national standards 

governing . . . organically produced 

products; (2) to assure consumers that 

organically produced products meet a 

consistent standard; and (3) to facilitate 

interstate commerce in . . . food that is 

organically produced’’ (7 U.S.C. 6501). 

This rule clarifies how producers and 

certifiers should apply organic 

regulations to mushroom and pet food 

production, which will assure 

consumers that the organic label on 

these products meets a consistent 

standard. The rule will also assure 

producers that they operate in a fair and 

competitive environment with clear 

rules that all must follow. 

USDA administers organic standards 

through the Agricultural Marketing 

Service (AMS) National Organic 

Program (NOP). Final regulations 

establishing the NOP and the USDA 

organic regulations were published on 

December 21, 2000 (65 FR 80548) 13 and 

were first implemented on October 21, 

2002.14 Through these regulations, AMS 

oversees national standards for the 

production, handling, labeling, and sale 

of organically produced agricultural 

products. 

III. Organic Mushroom Standard 

A. Mushroom Background 

Mushroom Biology and Production 

Mushrooms are the fleshy, sporebearing, fruiting body of some species of 

fungus. Mushrooms are just a portion of 

the fungal organism, which is mostly 

composed of mycelium, a root-like 

network of fungal structures (hyphae). 

Commercially grown mushrooms are 

typically produced in a stepwise 

process that propagates (increases) 

mycelium to ultimately produce 

mushrooms. 

In commercial mushroom production, 

mycelium is added to media (‘‘spawn 

media’’), such as grains, wood materials, 

or minerals, that supports its initial 

development. The mycelium draws 

nutrients and energy from this media to 

support its growth. The myceliumcolonized media is called ‘‘spawn.’’ 

Spawn is then inoculated into larger 

volumes of substrate—a base composed 

of materials such as grains, wood 

materials, composted materials, and/or 

other agricultural materials—where the 

mycelium develops further, growing 

throughout the substrate. Depending on 

the mushroom species, this stage of 

production may occur in open beds 

(common for Agaricus bisporus) or in 

blocks (common for specialty 

mushrooms), though other methods are 

also used. Producers can trigger fruiting 

(i.e., the formation of mushrooms) of the 

inoculated substrate by establishing the 

right environmental conditions for that 

variety—e.g., humidity, temperature, 

air, and light. Depending on the variety 

and production system, the inoculated 

substrate may continue to fruit after the 

first harvest, and producers may harvest 

multiple crops of mushrooms from one 

batch of inoculated substrate in a given 

production cycle. Once the production 

cycle is complete and all mushrooms 

are harvested, a new batch of spawn 

inoculated into a new batch of substrate 

is generally needed to produce more 

mushrooms. 


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15USDA, National Agricultural Statistics Service, 

Agricultural Statistics Board. (August 21, 2024). 

‘‘Mushrooms.’’ https://downloads.usda.library.

cornell.edu/usda-esmis/files/r781wg03d/ 

9593wm52z/9306vq05c/mush0824.pdf. 

16USDA, National Agricultural Statistics Service, 

Agricultural Statistics Board. (August 21, 2024). 

‘‘Mushrooms.’’ https://downloads.usda.library.

cornell.edu/usda-esmis/files/r781wg03d/ 

9593wm52z/9306vq05c/mush0824.pdf. 

17USDA, National Agricultural Statistics Service, 

Agricultural Statistics Board. (August 21, 2024). 

‘‘Mushrooms.’’ https://downloads.usda.library.

cornell.edu/usda-esmis/files/r781wg03d/ 

9593wm52z/9306vq05c/mush0824.pdf. 

18Organic Trade Association. 2024 Organic 

Industry Survey. p. 41. https://ota.com/marketanalysis/organic-industry-survey/organic-industrysurvey. 

19USDA, National Agricultural Statistics Service, 

Agricultural Statistics Board. (August 21, 2024). 

‘‘Mushrooms.’’ https://downloads.usda.library.

cornell.edu/usda-esmis/files/r781wg03d/ 

9593wm52z/9306vq05c/mush0824.pdf. 

Commercial mushroom production 

mostly occurs in controlled indoor 

environments where temperature and 

humidity can be controlled. However, 

mushroom production can also occur 

outdoors, either in managed conditions 

or by harvesting wild mushrooms. This 

final rule establishes new production 

standards for managed mushroom 

production, whether it occurs indoors or 

outdoors. It revises the definition of 

wild crop to include mushrooms, but it 

does not establish separate production 

standards for wild mushrooms. 

Producers who harvest wild mushrooms 

should continue to follow the wild crop 

harvesting practice standard at 

§ 205.207. 

In some cases, a producer may 

propagate mycelium but not harvest 

mushrooms. For example, some 

producers may only produce and sell 

spawn (colonized media) that other 

producers will use to inoculate substrate 

and produce mushrooms. In other cases, 

a producer may never aim to produce 

mushrooms (i.e., the fruiting bodies) but 

will instead produce mycelium biomass 

that is used in processed products for 

direct human consumption. 

This final rule specifies the 

production requirements for 

mushrooms, spawn, and mushroom 

products sold as organic. It does not 

alter the requirements related to 

processed fungi products. The final rule 

describes the existing crop production 

requirements that apply to mushroom 

producers, but, primarily, it specifies 

requirements for the spawn media, 

spawn, and substrate used in mushroom 

production. AMS is aware that some in 

the mushroom industry use the terms 

‘‘media’’ and ‘‘substrate’’ 

interchangeably. As defined in this final 

rule, mushroom spawn media is the 

initial base material that is colonized by 

mycelium to produce spawn, and 

mushroom substrate is the mid-stage 

base material that is used in larger 

volumes, inoculated by spawn, and on 

which mushroom fruiting occurs. 

The term ‘‘mushroom production’’ is 

used throughout the rule to collectively 

refer to the production of mushrooms, 

spawn, and other mushroom products, 

even if a producer is not harvesting or 

selling the fruiting bodies (mushrooms). 

For example, an organic spawn 

producer may not harvest mushrooms, 

but this final rule still applies to organic 

spawn producers. 

The U.S. Mushroom Market 

In the 2023–2024 growing season 

(July 2023 to June 2024), the U.S. 

mushroom crop volume was 659 million 

pounds with sales of $1.09 billion.15

The Agaricus bisporus species of 

mushrooms accounted for 

approximately 98 percent of the total 

sales volume and approximately 92 

percent of the total value.16 Agaricus 

includes white mushrooms (including 

common, button, and champignon 

varieties, among others) and brown 

mushrooms (including crimini/cremini, 

Swiss, Roman, Italian, and Portobello/ 

Portabello/Portabella varieties, among 

others). Outside of the Agaricus 

varieties, there are a multitude of 

cultivated ‘‘specialty’’ mushrooms, 

including shiitake, oyster, enoki, 

maitake, pompom, lion’s mane, Reishi, 

and others. Specialty mushrooms 

include foraged (wild) mushrooms (e.g., 

chanterelles, morels) and mushrooms 

that are intentionally cultivated 

outdoors. 

Organic mushrooms lag behind the 

overall organic produce market in terms 

of market share. In 2023–2024, 9.6 

percent of all mushrooms produced 

were sold as organic.17 The Organic 

Trade Association reports that organic 

produce they tracked had a higher 

market share, with 15.2 percent of all 

produce being sold as organic in 

2023.18 Agaricus mushrooms accounted 

for approximately 83 percent of the total 

production volume of organic 

mushrooms; the remainder were 

specialty mushrooms.19

B. Need for Organic Mushroom 

Standards 

This final rule creates specific 

standards for organic mushroom 


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104372 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

20USDA, Organic Integrity Database. https://

organic.ams.usda.gov/Integrity/Home. Advanced 

search features can be accessed at https://

organic.ams.usda.gov/Integrity/Search. Certified 

mushroom producers may be found by narrowing 

a certified product search for ‘‘mushrooms’’ to 

operations with a certification status of ‘‘certified’’ 

and limiting results to the ‘‘Crops’’ scope. Output 

was manually cleaned to remove unrelated entries. 

Accessed August 27, 2024. 

production to promote consistency, fair 

competition, and market growth. As of 

August 2024, at least 42 certifying 

agents certify 288 organic mushroom 

operations.20 The lack of mushroomspecific standards means there is 

significant variation in how these 

operations are certified. Some certifying 

agents require mushroom substrate 

components to be organic while others 

do not. Likewise, some certifying agents 

require spawn to be organic while 

others do not. 

This mushroom-specific rule is 

necessary because mushrooms and 

mushroom products involve unique 

production practices and inputs that are 

not addressed in the current organic 

standards. There are notable biological 

differences between mushrooms (which 

are fungi) and plants. Unlike plants, 

mushrooms do not photosynthesize to 

convert energy from light to process 

nutrients drawn from soil. Instead, they 

draw on the nutrition and energy found 

in the substrates on which they grow. 

The absence of mushroom-specific 

standards, their unique biological 

differences, and the resulting 

inconsistent enforcement, creates an 

uneven playing field for certified 

operations. For example, some 

operations may be required to source 

organic inputs, incurring additional 

expenses, whereas others are not. Unfair 

competition caused by different 

interpretations of the organic mushroom 

standards, as well as the possibility of 

future regulatory changes, may have 

reduced the willingness of businesses to 

invest in this sector. 

This rule aims to address these 

problems by developing one clear 

standard for organic mushroom 

production, ensuring consistency as 

directed by OFPA. Certifying agents will 

have clear rules to follow, and 

competition among operations will be 

more fair. This will give businesses 

greater confidence in the stability of the 

industry and encourage them to invest 

in organic mushroom growing 

operations and organic mushroom 

inputs. 

C. Overview of Final Rule Policy and 

Responses to Comments 

This rule amends the USDA organic 

regulations (7 CFR part 205) to add new 

provisions for producing mushrooms, 

spawn, and other mushroom products 

(collectively ‘‘mushroom production’’) 

that are sold, labeled, or represented as 

organic. This action prescribes 

consistent standards for organic 

mushroom production, as detailed 

below. 

TABLE 1—OVERVIEW OF REGULATORY CHANGES TO ESTABLISH ORGANIC MUSHROOM PRODUCTION STANDARDS

Section title Type of action Rulemaking action 

205.2 .................. Adds new terms ...................... Adds Mushroom; Mushroom mycelium; Mushroom spawn; Mushroom spawn media; Mushroom substrate. 

205.2 .................. Revises existing terms ............ Modifies Compost; Crop; Wild crop. 

205.210 .............. Adds new section ................... Adds mushroom production standards to Subpart C. 

205.601 .............. Revises language at (i)–(j) ..... Replaces the term ‘‘plant’’ with the term ‘‘crop’’. 

§ 205.2 (Terms Defined) 

Description of Final Policy 

The final rule amends § 205.2 by 

adding five new terms: mushroom, 

mushroom mycelium, mushroom 

spawn, mushroom spawn media, and 

mushroom substrate. The rule also 

revises three existing terms: compost, 

crop, and wild crop. The additions and 

revisions are discussed below. 

1. Compost 

The final rule revises the definition of 

compost to recognize that compost for 

mushroom production may be different 

than compost for plant production. The 

prior definition of ‘‘compost’’ included 

production requirements (e.g., time, 

temperature, and carbon-to-nitrogen 

ratio requirements) that are more 

applicable to plant production; 

however, compost for mushroom 

production is typically produced under 

different conditions. The final rule 

removes from the definition those 

specific compost production 

requirements, which duplicated the 

practice standards for other crop 

production already included in the 

organic regulations at § 205.203(c)(2). 

The resulting definition of compost is 

more general, to encompass the 

production of compost for either plants 

or mushrooms. The amended definition 

also notes that compost may be used in 

mushroom production as a component 

of mushroom substrate. 

These revisions to the definition of 

the term compost are in no way meant 

to change existing requirements, 

policies, or guidance about the use of 

compost in organic plant production. 

Likewise, the revision is not intended to 

expand the definition of compost to 

include all agricultural inputs 

transformed by microorganisms, such as 

anaerobic digestate or manure. Terms 

for the various soil amendments and 

fertilizers used in organic production 

are well established by AMS and 

material review organizations and are 

not affected by this rule. AMS’s intent 

is to remove the requirements 

embedded in the definition to account 

for the fact that compost for mushroom 

production is not necessarily produced 

in the same way that compost for plant 

production is produced. 

As noted above, the specific compost 

production requirements that AMS 

removed from the definition remain in 

the regulations at § 205.203(c)(2)—Soil 

fertility and crop nutrient management 

practice standard. This final rule does 

not change those requirements. Organic 

producers of crops other than 

mushrooms that use compost must 

comply with the requirements at 

§ 205.203(c)(2). Separately, this final 

rule adds mushroom-specific 

requirements for compost used in 

mushroom substrate at § 205.210(c)(1), 

as described below in the section titled 

‘‘Mushroom production practice 

standard’’. 

AMS is aware of ongoing discussions 

by the NOSB that may result in a 

recommendation to update the 

definition of compost. The changes in 

this final rule do not prevent or 

supersede future recommendations on 

this topic from the NOSB. 

2. Crop and Wild Crop 

This final rule revises the terms crop 

and wild crop to include mushrooms. 

AMS includes mushrooms in these 

definitions to clarify that operations 


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21USDA, NOP. (October 11, 2023). ‘‘Work 

Agenda Request: Compost Production for Organic 

Agriculture.’’ https://www.ams.usda.gov/sites/ 

default/files/media/NOSBMemoCompostWork

Agenda23.pdf. 

may use certain crop and wild crop 

practice standards in subpart C of 7 CFR 

part 205 to produce mushrooms. 

3. Mushroom 

The final rule defines mushroom as 

the fleshy, spore-bearing fruiting body 

of a fungus, although the term 

‘‘mushroom production’’ in this rule 

refers to production of mushrooms, 

spawn, and other mushroom products. 

The word ‘‘mushroom’’ is also used to 

qualify other terms (below) related to 

mushroom production. 

4. Mushroom Mycelium 

AMS defines mushroom mycelium as 

a mass of branching, thread-like hyphae 

(fungal structures). Mushroom 

mycelium is the main, root-like, mass of 

a fungus, which can support formation 

of fruiting bodies (mushrooms). 

5. Mushroom Spawn 

AMS defines mushroom spawn as 

mushroom spawn media that has been 

colonized by mycelium. Mushroom 

spawn can be used to inoculate 

mushroom substrate. 

6. Mushroom Spawn Media 

AMS defines mushroom spawn media 

as the base material, such as grain, 

sawdust, other wood materials, 

vermiculite, or other minerals, used to 

make mushroom spawn. Mushroom 

spawn media, once colonized with 

mycelium, is defined separately as 

mushroom spawn by these regulations. 

7. Mushroom Substrate 

AMS defines mushroom substrate as 

the base material (such as grain, wood 

materials, composted materials, and/or 

other agricultural materials) on which 

mushroom production occurs. 

Components of mushroom substrate can 

vary depending on the species to be 

cultivated. After mushroom spawn 

inoculates mushroom substrate, the 

mushroom substrate provides the energy 

and nutrients required for mycelium to 

flourish and produce mushrooms 

(although the definition of mushroom 

substrate does not depend on whether 

mushrooms are produced or not). 

AMS separately defines two types of 

‘‘base materials’’ used in mushroom 

production: mushroom spawn media 

and mushroom substrate. For the 

purposes of organic regulation, the 

essential difference between them is 

that mushroom spawn media is the base 

material used to create mushroom 

spawn, while mushroom substrate is the 

base material that is inoculated by 

mushroom spawn to produce 

mushrooms. They are defined separately 

because the rule includes different 

requirements for mushroom spawn 

media and mushroom substrate. The 

composition requirements for 

mushroom spawn media and mushroom 

substrate are described at §§ 205.210(d) 

and (c), respectively. 

Changes From Proposed to Final Rule 

AMS made the following revisions to 

the proposed definitions in this final 

rule to clarify intent and meaning: 

• AMS made minor changes to each 

definition related to mushroom 

production to clarify intent and 

meaning. AMS added the word 

‘‘mushroom’’ at the beginning of several 

terms so that the terms related to 

mushroom production appear together 

in § 205.2. 

• AMS removed the word ‘‘edible’’ 

from the definition of mushroom, as 

edibility is not unique to the 

mushroom’s fruiting body (i.e., various 

parts of mushroom varieties may be 

edible), and edibility is not necessarily 

an attribute of all mushrooms. The word 

‘‘edible’’ is not required to describe the 

term mushroom. 

Responses to Public Comment 

Public comments related to 

definitions for the mushroom standards 

and AMS’s responses are discussed 

below. 

Media/Substrate 

(Comment) Some commenters from 

the mushroom industry argued that 

some mushroom producers use the 

terms ‘‘substrate’’ and ‘‘media’’ 

interchangeably and that defining the 

terms separately is unnecessary and 

potentially confusing. 

(Response) AMS recognizes that these 

two terms can be used synonymously to 

refer to the ‘‘base materials’’ on which 

fungus grows. However, for the 

purposes of the organic regulations, 

AMS believes distinct definitions for 

mushroom spawn media and mushroom 

substrate are necessary to address 

requirements for distinct stages of 

organic mushroom production. The 

separate definitions allow AMS to 

regulate the inputs and management of 

mushroom spawn media and mushroom 

substrate differently in § 205.210(c) and 

§ 205.210(d), respectively. To clarify the 

distinction in the regulations, AMS 

revised the definition of mushroom 

spawn media to more closely mirror the 

definition of mushroom substrate and 

more clearly highlight the essential 

difference between the terms as they are 

used in the final rule. 

Compost 

(Comment) Some comments stated 

that removing the composting process 

from the definition of compost at § 205.2 

would make the definition too broad 

and incorporate other forms of microbial 

decomposition other than composting. 

Commenters noted that products such 

as sauerkraut, yogurt, beer, and manure 

digester products such as digestate and 

biogas could fall under the shortened 

definition. 

(Response) The revision of the term 

compost in the final rule is not intended 

to broaden the meaning of the term 

beyond the commonly accepted 

interpretation of the term. Outside this 

rule’s allowance for compost in 

mushroom production, compost is 

currently allowed in organic crop 

production only as provided in 

§ 205.203(c)(2), which includes specific 

requirements that limit the types of 

processes that may be used. AMS chose 

not to leave the specific requirements in 

the definition for the term because of 

differences in requirements, 

formulation, and production of compost 

for mushroom production at 

§ 205.210(c) and the requirements for 

other uses at § 205.203. 

(Comment) Some comments requested 

that AMS amend the definition of 

compost to acknowledge that compost 

may be made with allowed synthetic 

compost feedstocks on the National List 

(§ 205.601). Other comments suggested 

that the definition be revised to allow 

compostable plastic materials, which is 

a subject currently on the NOSB work 

agenda.21 Several comments suggested 

that AMS adopt the definition of 

compost used by the American 

Association of Plant Food Control 

Officials (AAPFCO). 

(Response) AMS has not revised the 

compost definition to reference the 

synthetic compost feedstocks on the 

National List, adopt AAPFCO’s 

definition, or include compostable 

plastics (bioplastics) as compost 

feedstocks. This final rule amended the 

definition of compost only as needed to 

accommodate the new mushroom 

production practice standards. The 

compost feedstocks that currently 

appear on the National List (e.g., 

newspaper) continue to be allowed 

under the regulations. AMS recognizes 

that the NOSB is currently working on 

recommendations related to the 

definition of compost and the 

requirements for compost in organic 

crop production in § 205.203(c) (which 

are not changed by this rule). AMS has 

not received final recommendations 

from NOSB and is not making any 


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additional changes related to those 

topics in this rule at this time. This final 

rule does not conflict with or preclude 

future recommendations or rulemaking 

related to the current NOSB work 

agenda topics related to compost. If 

AMS seeks to revise the definition of 

compost or the compost requirements in 

the future, AMS will solicit public 

comments. 

Mushroom 

(Comment) Some comments stated 

that the proposed definition of 

mushroom was too restrictive by 

referring only to the fruiting body. 

Comments noted that the term could be 

revised to include all parts of the 

organism to clarify that the regulations 

in the rule apply to the production of 

any part of the organism, such as 

mycelium, spores, and primordia 

(pinheads). 

(Response) AMS agrees that the 

standards at § 205.210 can apply to 

production of other parts of the 

organism. However, we have not revised 

the definition of mushroom to include 

other parts of the organism in the final 

rule. The term mushroom refers 

specifically to the fruiting body, and 

this definition is similar to how the term 

is understood and interpreted broadly. 

The term ‘‘mushroom production’’ in 

this rule, however, can refer to 

production of mushrooms, spawn, and 

other mushroom products. Also see 

AMS’s response to comments about 

requirements for mycelium biomass 

used as a direct ingredient for human 

consumption below in ‘‘§ 205.210 

(Mushroom production practice 

standards)’’, ‘‘Responses to Public 

Comment’’, ‘‘Mycelial Biomass 

Ingredients.’’ 

(Comment) Some comments suggested 

broadening the definitions and 

applicability of this rulemaking to 

include a broader spectrum of species in 

the Fungi Kingdom (e.g., yeast). 

Comments suggested that AMS describe 

the rule as a fungi production practice 

standard by revising ‘‘mushroom’’ to 

‘‘fungi’’. Comments from organic 

advocacy groups also argued that fungi 

should have its own scope of 

certification separate from crops, with 

fungi-specific production standards and 

specific sections of the National List for 

materials used in fungi production. 

(Response) AMS has not expanded 

the standards to apply to all fungi. 

Fungi is an extremely large and diverse 

taxonomic kingdom, of which 

mushrooms are only a small subset. 

Expanding the standards to other fungal 

products, such as yeasts, is beyond the 

scope of the rule. Developing new 

regulations for fungi other than 

mushrooms would require more input 

and assessment of impacts, as this was 

not included in the proposed rule. 

AMS also has not created a new scope 

of certification for mushrooms or fungi. 

‘‘Scope’’ is a term typically used to 

describe one of the four areas of 

operation that a certifying agent may be 

accredited to certify. As defined in 

§ 205.2, the four areas of operation are 

crop, livestock, handling, and wild crop, 

or any combination thereof. These four 

scopes align with the types of Organic 

Plans listed in OFPA (7 U.S.C. 6513) 

and inform a range of other 

requirements and procedures, such as 

the determination of inspector 

qualifications and the issuance of 

certificates from the Organic Integrity 

Database. Creating a new scope of 

certification would require a range of 

regulatory amendments, as well as 

administrative and technological 

changes related to certification, 

accreditation, inspector qualifications, 

and certificates of organic operation. 

Furthermore, as with including fungi in 

the applicability of this rulemaking, the 

impacts of establishing a new scope of 

certification for fungi would require 

more input and assessment. 

AMS does not find that a new scope 

is necessary to accomplish the goals of 

this rule to provide consistent and clear 

standards for organic mushroom 

production that reflect the unique 

biology of mushrooms. AMS finds it 

appropriate to include mushrooms in 

the definition of crop and within the 

crops scope of certification. OFPA does 

not define or limit ‘‘crops’’ to include 

only organisms in the plant kingdom, 

and currently certified mushrooms are 

certified under the crop scope of the 

USDA organic regulations. Additionally, 

the organic regulations list mushroom 

inputs in the ‘‘crops’’ section of the 

National List of Allowed and Prohibited 

Substances (see 7 CFR 205.601(o)). 

Across USDA programs, mushrooms are 

commonly considered a type of 

agricultural crop similar to other 

produce, vegetables, and specialty 

crops. Crops are a highly diverse group 

of agricultural products that are 

produced using similarly diverse 

production systems. The final rule 

acknowledges this diversity and 

clarifies how the organic regulations 

apply to the unique production 

requirements for mushrooms. The 

organic regulations continue to ensure 

certifying agents and inspectors have 

qualifications and expertise relevant to 

the scope and complexity of the 

operations (§ 205.501(a)(4)). 

Wild Crop 

(Comment) One comment argued the 

lack of a definition for wild mushrooms 

could cause confusion since mushrooms 

are grown and/or harvested with a wide 

spectrum of production practices. 

Another comment requested that NOP 

develop standards for wild-grown 

mushrooms. 

(Response) The final rule amends the 

definition of wild crop to include 

mushrooms, thereby clarifying that wild 

mushrooms can be certified organic 

under the wild crop standards at 

§ 205.207. Amendments to the wild crop 

standards were not included in the 

proposed rule and are beyond the scope 

of this rulemaking. 

§ 205.210 (Mushroom Production 

Practice Standard) 

Description of Final Policy 

The final rule adds a new section 

(§ 205.210) to the USDA organic 

regulations to add provisions for 

producing mushrooms, spawn, and 

other mushroom products (collectively 

‘‘mushroom production’’) that are sold, 

labeled, or represented as organic. 

Many of the existing production 

requirements in subpart C of the USDA 

organic regulations (7 CFR part 205) can 

be applied to mushroom production. 

However, mushroom production also 

relies on practices that are different 

from plant production practices. The 

final rule clarifies which of the existing 

crop production requirements apply to 

mushroom production and also adds 

requirements specific to mushroom 

production, as described below. 

Applicability of Crop Standards in 

Subpart C—§ 205.210(a) 

AMS requires in § 205.210(a) that 

organic mushroom operations follow 

most of the existing regulations 

governing crop production, including 

§§ 205.200, 205.201, 205.202 as 

applicable, 205.203(e), 205.206(a)(2)– 

(3), and 205.206(b)–(f). These sections 

cover general production requirements 

(§ 205.200); organic production and 

handling system plans (§ 205.201); land 

requirements (§ 205.202); nutrient 

management prohibitions (§ 205.203(e)); 

and crop pest, weed, and disease 

management (§ 205.206). In addition, 

organic mushroom operations may 

follow the nutrient management 

practices in § 205.203(d). 

Organic mushroom operations, like all 

other organic operations, must have an 

organic system plan that describes how 

the operation complies with applicable 

parts of the USDA organic regulations. 

However, because the methods used to 

produce mushrooms are different than 


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those to produce plants, the final rule 

clarifies that not all existing crop 

production requirements apply to 

organic mushroom production. 

Mushroom operations do not need to 

follow all the requirements in the soil 

fertility and crop nutrient management 

practice standard at § 205.203, the seeds 

and planting stock practice standard at 

§ 205.204, or the crop rotation practice 

standard at § 205.205. The final rule 

clarifies that mushroom producers are 

subject to the same nutrient 

management prohibitions as plant 

producers described in § 205.203(e) and 

may optionally follow the nutrient 

management practices in § 205.203(d). 

Conversely, mushroom production does 

not involve seeds or planting stock, and 

mushrooms are not grown in rotations 

for fertility or disease suppression, so 

the final rule does not require producers 

to comply with §§ 205.204–205.205. 

Management of Mushroom Substrate 

and Mushroom Spawn Media— 

§ 205.210(b) 

Paragraph 205.210(b) requires 

operations to manage mushroom 

substrate and mushroom spawn media 

in a way that avoids environmental 

contamination. The rule requires that 

mushroom substrate, mushroom spawn 

media, spent mushroom substrate, and 

spent mushroom spawn media be 

managed to avoid the contamination of 

any crops, mushroom spawn, 

mushroom substrate, soil, or water by 

pathogenic organisms, heavy metals, or 

residues of prohibited substances. This 

provision is similar to the requirement 

in § 205.203(c) for other organic crop 

operations to prevent environmental 

contamination from materials applied to 

soil. Likewise, this requirement relates 

to and supports the requirement in 

§ 205.200 to maintain or improve the 

natural resources of the operation, 

including soil and water quality. 

Paragraph 205.210(b) requires 

operations to manage materials in a way 

that avoids contamination throughout 

the entire mushroom production 

process, from mushroom spawn 

creation, to growing mushrooms, to 

disposal of spent substrate. 

Operations that only produce organic 

mushroom spawn and do not produce 

organic mushrooms are also subject to 

the provisions in paragraph (b). 

Mushroom spawn media is usually 

incorporated into mushroom substrate. 

In cases where a mushroom spawn 

producer disposes of spawn, the 

operation needs to dispose of spent 

mushroom spawn media in a manner 

that avoids contamination of crops, 

mushroom spawn, mushroom substrate, 

soil or water by pathogenic organisms, 

heavy metals, or residues of prohibited 

substances (§ 205.210(b)). 

Composition of Mushroom Substrate— 

§ 205.210(c) 

Paragraph 205.210(c) describes the 

materials allowed in mushroom 

substrate. The paragraph addresses the 

acceptable use of five types of materials 

in mushroom substrate: composted 

plant and animal materials, 

uncomposted plant materials, wood 

materials, nonsynthetic substances, and 

synthetic substances. 

Paragraph 205.210(c)(1) describes 

requirements for composted plant and 

animal materials in mushroom 

substrate. This section details time, 

temperature, and composition 

requirements for composting plant and 

animal materials for use in mushroom 

production. The final rule requires that 

compost feedstock reach at least 131 °F 

for at least three days during the 

composting process. AMS does not 

include a maximum temperature for 

mushroom compost production. The 

minimum temperature and duration 

requirements allow mushroom 

producers the flexibility to compost 

feedstocks at higher temperatures and/ 

or for longer periods, if warranted. The 

compost must not be treated with any 

prohibited substances per the existing 

requirements at § 205.203(e)(1). 

AMS specifies in § 205.210(c)(2) that 

uncomposted plant materials used in 

mushroom substrate must be organically 

produced when commercially available. 

The term commercially available is 

defined at § 205.2. This requirement 

does not apply to plant materials that 

are used as compost feedstocks; it 

applies to plant materials added to 

mushroom substrate that do not undergo 

a composting step. Plant materials that 

are pasteurized or sterilized only, but 

not composted, are subject to the 

requirements of this paragraph, meaning 

they must be organic when 

commercially available. The 

requirement for organic plant materials 

also does not apply to wood materials 

(see § 205.210(c)(3)). 

Paragraph 205.210(c)(2) allows for 

nonorganically produced, uncomposted 

plant materials in mushroom substrate 

when a ‘‘functionally equivalent’’ 

organically produced input is not 

commercially available. Functional 

equivalence references a material’s 

ability to fulfill an essential function in 

a system of organic production, as 

described in the definition of 

commercially available at § 205.2. For 

the purposes of this exception, an 

‘‘essential function’’ is a function of the 

same nature (e.g., the nutritional or 

structural characteristics the material 

provides in the mushroom substrate). 

When a functionally equivalent organic 

material is not commercially available, 

nonorganic plant materials may be used 

in substrate, except that prohibited 

substances must not be applied to any 

nonorganic plant material after harvest 

of the plant material. 

Paragraphs 205.210(c)(2)(i) through 

(iii) include specific requirements for 

operations that use nonorganically 

produced, uncomposted plant materials 

in mushroom substrate. Those 

operations must include additional 

elements in their organic system plan 

(OSP) as described below. The 

additional information is intended to 

provide certifiers with the information 

they require to determine whether 

functionally equivalent organically 

produced materials are commercially 

available for purposes of § 205.210(c)(2). 

Paragraph 205.210(c)(2)(i) requires 

operations to describe in their OSP the 

procedures used to search for organic 

materials, as well as the records kept to 

document searches for organic 

materials. Procedures should 

demonstrate that operations contacted a 

sufficient number of sources to ascertain 

the commercial availability of 

organically produced plant materials. A 

producer must make a reasonable effort 

to search for organic materials from 

reasonable sources (i.e., those known to 

sell organic products). Procedures may 

include details about how an operation 

identifies potential sources (or 

suppliers) of organic materials and how 

the operation contacts those sources. 

The operation must also describe the 

types of records that are kept to 

document searches. This should include 

a description of the types of records 

kept and a description of the 

recordkeeping system, such as how the 

operation stores these records. Records 

may include, but are not limited to 

letters, email correspondence, phone 

logs, catalogs, searches of organic 

databases, receipts, receiving 

documents, invoices, and inventory 

control documents. 

Paragraph 205.210(c)(2)(ii) requires 

operations to describe in their OSP the 

criteria they use to evaluate if 

functionally equivalent organic 

materials are commercially available. 

Operations should describe how they 

determine the essential function (a 

function of the same nature, like the 

nutritional or structural characteristics) 

that they are not able to meet with 

organic plant materials, how they 

identify ‘‘functionally equivalent’’ 

organic plant materials to search for, 

and how they verify that ‘‘functionally 

equivalent’’ organic plant materials are 


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not commercially available to fulfill that 

essential function. 

Operations must establish an essential 

function to accurately verify if organic 

plant materials are commercially 

available. An operation may outline 

how they identify the essential function 

needed for a substrate material in their 

OSP. Additionally, an operation may 

identify essential functions they need in 

certain types of production in their OSP 

to ensure consistent searches. 

Operations should have criteria for 

identifying organic materials that would 

fulfill the essential function needed in 

their mushroom substrate in their OSP. 

This may include resources for 

determining functionally equivalent 

organic materials, methods for 

determining characteristics of materials, 

or testing procedures. In most cases, the 

direct organic analog(s) to the 

nonorganic plant material used should 

be included in the commercial 

availability search as a functionally 

equivalent material. Additionally, 

organic varieties of different plant 

materials may need to be considered in 

the search (e.g., organic soybean hulls 

may be reviewed as an alternative for 

conventional cotton seed hulls). 

An operation’s OSP should include a 

description of how they evaluate if 

organic alternatives reviewed are not 

commercially available in the 

appropriate form, quality, or quantity to 

fulfill the essential function of the 

nonorganic plant material. Form 

considerations may include, but are not 

limited to method of harvest, 

processing, and preparation. Quality 

considerations may include, but are not 

limited to, the presence of residues, 

bacteria, fungus, or other microorganisms, shelf life, and stability. 

Quantity considerations may include 

evidence that quantities are not 

available in sufficiently large or small 

amounts, given the scale of the 

operation. Price cannot be a 

consideration for the determination of 

commercial availability. 

Certifiers should verify that an 

operation has considered a sufficient 

number of plant materials in its search 

to fulfill an essential function in the 

mushroom substrate. Certifiers must use 

the definition of commercially available 

(see § 205.2) and the requirements at 

§ 205.210(c)(2) to verify an operation’s 

claim that organically produced plant 

materials necessary for mushroom 

production are not commercially 

available and should verify that a 

sufficient number of sources have been 

contacted. 

Paragraph 205.210(c)(2)(iii) requires 

that operations describe in their OSP the 

recordkeeping system used to document 

purchases of nonorganic plant materials 

(not including wood materials allowed 

under § 205.210(c)(3)). The OSP must 

describe how the recordkeeping system 

can be used to summarize, by type, the 

amount of nonorganic plant materials 

purchased. Operations are obligated, 

generally, to maintain records and make 

them available for inspection (see 

§ 205.103), but the additional 

information and summarization, in this 

case, will allow both certifiers and AMS 

to verify compliance. Summarized 

information will allow certifiers to 

assess the extent to which operations 

are utilizing nonorganic plant materials. 

Additionally, it will allow certifiers to 

compare an operation’s use of 

nonorganic plant material year-to-year 

to identify trends or patterns. AMS 

could also request summarized 

information (via certifiers or from 

operations directly) to understand the 

practices around use of nonorganic 

plant materials in the industry, to target 

enforcement efforts, and/or inform 

future rulemaking priorities. 

Paragraph 205.210(c)(3) allows 

mushroom operations to use nonorganic 

wood materials (wood chips, sawdust, 

logs, or other materials derived from 

wood) in mushroom substrate. These 

materials must not be treated with 

prohibited substances after harvest of 

the tree or wood source. An operation 

does not need to search for organic 

forms of these wood materials (or 

document any search for organic forms), 

but it does need to verify that the wood 

materials were not treated with 

prohibited substances after harvest. The 

operation must keep records 

documenting the verification process. 

Paragraphs 205.210(c)(4) and (5), 

together with the amendment to the 

definition of crop in § 205.2 to include 

mushrooms, specifically allow 

mushroom operations to use natural 

(nonsynthetic) substances and/or certain 

synthetic substances in mushroom 

substrate, in accordance with the 

National List of Allowed and Prohibited 

Substances (‘‘National List’’) for organic 

crop production. These provisions align 

with the requirements related to 

allowed and prohibited substances 

described at § 205.105(a)–(b). Paragraph 

205.210(c)(4) allows the use of natural 

(nonsynthetic) substances in mushroom 

substrate. Examples include mined 

gypsum, chalk, and clay. However, 

operations must not use nonsynthetic 

substances prohibited for use in organic 

crop production in § 205.602 of the 

National List. 

Paragraph 205.210(c)(5) permits 

mushroom producers to use certain 

synthetic substances that are included 

in the National List at § 205.601 as 

‘‘allowed’’ for organic crop production. 

For example, microcrystalline 

cheesewax listed at § 205.601(o)(1) may 

be used as a production aid in loggrown mushrooms. Again, 

§ 205.210(c)(5), together with the 

revision to the definition of crop in 

§ 205.2 to include mushrooms, clarifies 

that mushrooms are a type of crop and 

that the synthetic substances included 

on the National List at § 205.601 are 

allowed in organic mushroom 

production. (For additional discussion, 

see the section below titled ‘‘§ 205.601 

National List—Crop’’). Any use of these 

allowed, synthetic substances in 

mushroom production must follow all 

applicable substance-specific 

restrictions from the National List, as 

well as Federal and State laws and 

regulations. 

Requirements for Mushroom Spawn— 

§ 205.210(d) 

Paragraph 205.210(d) establishes 

requirements for spawn used in organic 

mushroom production. Producers must 

use organic spawn when commercially 

available, as defined at § 205.2. When an 

equivalent organic spawn is not 

commercially available, a producer may 

use nonorganic spawn. An equivalent 

spawn could be a spawn of the same 

mushroom variety but on a different 

spawn media. For example, if milletbased spawn is equivalent to sorghumbased spawn and one is commercially 

available as organic, then the operation 

must use the organic spawn. Operations 

that use nonorganic spawn must keep 

records that demonstrate organic spawn 

was not commercially available. These 

records are necessary to comply with 

the recordkeeping requirements at 

§ 205.103. Records should demonstrate 

that the operation made an appropriate 

search for organic spawn and 

demonstrate that equivalent spawn was 

not available in the appropriate form, 

quality, or quantity. 

Paragraph 205.210(d)(1) describes the 

requirements for organic mushroom 

spawn. Agricultural materials in spawn 

media must be organic, except for wood 

materials, such as sawdust 

(§ 205.210(d)(1)(i)). If the mushroom 

spawn media contains wood materials, 

those materials must not be treated with 

prohibited substances after harvest, in 

accordance with § 205.210(c)(3). The 

requirements do not allow for any 

nonorganic agricultural materials in 

organic mushroom spawn, except for 

wood materials. 

In addition to any agricultural 

materials, § 205.210(d)(1)(ii) allows for 

organic spawn to contain natural 

(nonsynthetic) and synthetic substances 

that are allowed in organic production 


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as described in § 205.210(c)(4) and 

(c)(5). Allowed natural substances are 

any nonsynthetic substances that do not 

appear on the National List of 

prohibited nonsynthetic substances 

(§ 205.602). Allowed synthetic 

substances are substances that appear 

on the National List of allowed 

synthetic substances (§ 205.601). Any 

use of these allowed synthetic 

substances in mushroom production 

must follow all applicable substancespecific restrictions included in the 

National List, as well as Federal and 

State laws and regulations. If a 

substance on the National List of 

allowed synthetic substances (§ 205.601) 

is restricted to a specific use(s) outside 

of mushroom production, it is not 

allowed in mushroom production. 

Additionally, § 205.210(d)(1)(ii) clarifies 

that compost as described in 

§ 205.210(c)(1) is an allowed component 

of spawn media. Finally, 

§ 205.210(d)(1)(iii) specifies that organic 

spawn must be under continuous 

organic management after the 

application of mycelium to mushroom 

spawn media. 

Paragraph 205.210(d)(2) includes 

requirements for operations that make 

their own spawn for their own 

mushroom production. In these cases, if 

a producer is unable to produce organic 

spawn that meets all the requirements at 

§ 205.210(d)(1), including (d)(1)(i) 

through (iii), they are still subject to a 

requirement to use organic agricultural 

materials when commercially available 

(except for wood materials, which do 

not need to be organic) in spawn media. 

Operations that use nonorganic 

materials must keep records that 

demonstrate organic materials were not 

commercially available. These records 

are necessary to comply with the 

recordkeeping requirements at 

§ 205.103. Records should demonstrate 

that the operation adequately searched 

for organic materials but could not find 

functionally equivalent materials in the 

required form, quality, or quantity. 

If a producer is not producing organic 

spawn that meets the requirements at 

§ 205.210(d)(1) but organic spawn of the 

same mushroom species/variety is 

commercially available, certifiers 

should place particular attention on 

evaluating an operation’s claim that a 

suitable organic spawn cannot be made 

in compliance with § 205.210(d)(1). This 

paragraph does not allow for the sale of 

organic spawn that does not meet all 

requirements at § 205.210(d)(1). In the 

case of an operation that produces 

organic spawn for sale as organic, all 

agricultural materials (except wood 

materials) in spawn media must be 

organic (§ 205.210(d)(1)(i)). 

Changes From Proposed to Final Rule 

AMS made several changes to the 

regulatory text of the proposed rule 

when writing this final rule. Changes to 

the final rule are discussed below and 

are followed by specific topics and 

themes from public comment. 

• Mushroom spawn and mushroom 

spawn media requirements 

(§ 205.210(d)) are now described in a 

paragraph separate from the mushroom 

substrate requirements (§ 205.210(c)). 

• Wood materials are specifically 

noted as an allowed nonorganic 

agricultural material for mushroom 

substrate (§ 205.210(c)(3)) and 

mushroom spawn media 

(§ 205.210(d)(1)(i)). 

• Requirements are added for 

operations to describe in the organic 

system plan how they search for organic 

materials for mushroom substrate, 

evaluate available organic alternatives, 

and keep records of nonorganic 

materials used in mushroom substrate 

(§ 205.210(c)(2)(i)–(iii)). 

• Spawn production requirements are 

clarified for mushroom producers that 

make spawn on-site for their own 

organic mushroom production 

(§ 205.210(d)(2)). 

Responses to Public Comment 

Below is a summary of comments 

received regarding organic mushroom 

production requirements and AMS’s 

responses. 

Commercial Availability for Mushroom 

Substrate 

(Comment) Some mushroom 

producers and trade groups asserted that 

it is essential to allow nonorganic 

materials for mushroom substrate when 

organic materials are not commercially 

available (also referred to as the 

‘‘commercial availability exception’’ in 

this document). They said it would be 

impossible to source enough organic 

materials for substrate. Producers 

highlighted that substitution or 

variation of substrate materials can lead 

to detrimental yield drops and that 

organic materials are not consistently 

available year-round. It is unclear if 

some comments recognized that organic 

materials would not be required when 

composted, as some comments provided 

examples of inputs that are typically 

composted. A few certifiers and 

producers voiced support for a 

commercial availability exception but 

did not express broader concerns about 

sourcing. 

In contrast, many commenters voiced 

the desire to remove the proposed 

commercial availability exception to 

require only organic materials for 

uncomposted portions of substrate. 

These commenters included some 

smaller mushroom operations, certifiers, 

advocacy groups, and trade associations. 

Some argued that a commercial 

availability exception would inhibit 

growth of the market for organic inputs 

and result in minimal difference 

between organic and conventional 

mushrooms. Some commenters 

requested that organic inputs be 

required because mushrooms consume 

the substrate. Some of these commenters 

also argued that the commercial 

availability exception would create a 

cost disadvantage for small producers, 

who could not claim that organic inputs 

are unavailable in sufficient quantity as 

often as large producers. Comments 

noted that substrate composition is a 

key difference between organic and 

nonorganic mushrooms and argued that 

there should be substantive differences 

in production methods to justify any 

organic cost premium. 

(Response) AMS appreciates 

commenters’ requests for the use of only 

organic substrate by all mushroom 

operations. We also recognize that the 

commercial availability exception for 

uncomposted plant inputs is a necessity 

in organic mushroom production for 

many organic mushroom operations. We 

remain uncertain if the industry could 

implement this rule and produce 

organic mushrooms using only organic 

inputs without loss of existing 

production. Therefore, AMS is 

maintaining commercial availability 

exceptions in the final rule, as 

proposed. However, we are adding 

requirements in the final rule for 

operations that use nonorganic 

uncomposted plant materials for 

mushroom substrate. To use these 

nonorganic materials for mushroom 

substrate, operations must describe, in 

their OSP, the methods and procedures 

used to search for organic materials; the 

criteria they use to evaluate if organic 

materials are commercially available, 

including comparable substrate 

materials; and the recordkeeping system 

used to document purchases of 

nonorganic materials. 

AMS is aware of commenters’ 

concerns that large producers could be 

able to use the commercial availability 

exception more often compared to small 

producers. AMS understands that 

operations may need to utilize 

commercial availability exceptions 

differently based on a number of factors 

including geographic location, size, and 

type of mushroom grown. However, 

AMS believes this is a function of the 

flexibility of the commercial availability 

exception, and the additional 

requirements in the final rule will 


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increase fairness and consistency of 

implementation for both small and large 

producers. 

(Comment) Some commenters stated 

that commercial availability criteria 

should be strengthened, and that AMS 

should include specific requirements 

related to how operations must search 

for organic materials. 

(Response) In the final rule, AMS is 

requiring operations that use nonorganic 

uncomposted plant materials in 

mushroom substrate to describe in their 

organic system plan (OSP) how they 

searched for organic materials, 

evaluated if organic materials were 

commercially available, and 

documented these searches. The final 

rule requires that an operation must 

look at functionally similar organic 

alternatives (i.e., at materials that are 

comparable but not identical) to ensure 

that various organic alternatives are 

considered. The OSP requirements will, 

in turn, better equip certifiers to verify 

that producers are making sufficient and 

appropriate efforts to search for organic 

materials and only using nonorganic 

materials when organic options are not 

commercially available. Certifiers will 

be able to verify compliance by 

reviewing a producer’s OSP and the 

associated records that document their 

searches and purchases. 

Requirements for Wood Materials 

(Comment) The proposed rule stated 

that uncomposted plant materials 

(which could include wood products) 

must be organically produced when 

commercially available. Additionally, 

the proposed rule stated that any 

nonorganic plant materials must not be 

treated with prohibited substances after 

harvest. Some comments noted that it 

was not clear if AMS considered wood 

and wood-based materials (e.g., 

sawdust, wood chips) to be a type of 

‘‘plant material’’ that is subject to the 

requirements for other plant materials. 

Comments requested that AMS clarify 

how wood materials are classified under 

the organic regulations; specifically, 

commenters asked if they should be 

considered a plant material (that must 

be organic unless not commercially 

available), or a nonsynthetic material 

that is not otherwise prohibited at 

§ 205.602 of the National List. 

(Response) The final rule clarifies the 

requirements for wood materials used in 

mushroom production. AMS revised the 

final rule to clearly and specifically 

allow for the use of nonorganic wood 

materials. Producers do not need to 

document that organic forms are not 

commercially available to use wood 

materials. Nonorganic wood materials 

must not be treated with prohibited 

materials after harvest. 

(Comment) In regard to the 

requirement that uncomposted plant 

materials be organic unless 

commercially unavailable, most 

commenters stated it would be almost 

impossible to source organic wood 

materials for mushroom substrate and 

mushroom spawn media and that there 

would need to be different requirements 

for wood inputs. A few commenters 

advocated for wood materials to be free 

from prohibited substances for 3 years 

before harvest, rather than just free of 

prohibited treatments post-harvest, as 

proposed under the requirement for all 

uncomposted plant materials. In 

contrast, a few other comments noted 

that sawmills do not and could not track 

information on the three years of forest/ 

timber management prior to tree 

harvest. Overall, comments noted that 

organic wood-based products are not 

available and that requiring organic 

wood in mushroom products would 

pose an impossible barrier to organic 

production. 

(Response) AMS revised the final rule 

to clarify that wood materials used in 

mushroom substrate and mushroom 

spawn media do not need to be organic, 

but prohibited substances must not be 

applied after harvest. AMS considered 

comments that requested three years of 

management before harvest without the 

use of prohibited substances but has not 

adopted this requirement in the final 

rule. While a few operations and 

certifiers currently verify this condition, 

it does not seem to be a universal 

practice in the industry. Requiring 

documentation that wood materials 

have been free of prohibited materials 

for three years before harvest could be 

costly and require new documentation 

for entities outside the organic industry. 

Additionally, this requirement may 

limit the amount of sawdust, a key 

mushroom substrate input, that could be 

available for organic production, as 

wood from sawmills can be aggregated 

from many sources. This would require 

mushroom producers to gather 

information from many sources to 

confirm that trees were not treated with 

prohibited materials for the 3 years prior 

to harvest. In many cases, this 

information would not be available, as 

a sawmill would not likely be able to 

provide the necessary information. 

However, sawmills should have 

information about any treatments made 

after harvest and should be able to 

readily provide this information to 

mushroom producers. 

Requirements for Compost 

(Comment) Some commenters 

expressed concern that altering the time, 

temperature, and turning requirements 

in mushroom compost could lead to 

food safety risks. 

(Response) AMS established 

composting requirements for 

mushrooms (§ 205.210(c)(1)) that 

accommodate special processes used to 

prepare substrate for mushroom 

production. These processes are 

presently used to produce mushrooms 

and include the minimum composting 

time and temperatures required for 

compost in other organic crop 

production. Compost must still meet 

other regulatory requirements for food 

safety, as applicable, like those related 

to the Food Safety Modernization Act, 

including the Product Safety Rule and 

the Pre-Harvest Agricultural Water Final 

Rule. 

(Comment) Some commenters 

requested that AMS clarify if 

sterilization of substrate is considered 

equivalent to composting. Some 

commenters requested that AMS allow 

the use of nonorganic sterilized 

materials in organic mushroom 

production. 

(Response) The final rule allows 

nonorganic plant materials as compost 

feedstocks, but the sterilization process 

is different from composting. The 

composting process transforms starting 

materials (feedstocks) through biological 

processes; sterilization eradicates 

microbes and other life but does not 

transform starting material(s). Plant 

materials that are sterilized but never 

composted to meet the minimum 

requirements of § 205.210(c)(1) may be 

used in accordance with § 205.210(c)(2). 

This means they must be organic unless 

they are not commercially available, in 

which case nonorganic plant materials 

may be used. Wood-based components, 

such as sawdust, may be used in 

sterilized products without first seeking 

an organic form, in accordance with 

§ 205.210(c)(3). 

(Comment) Some commenters stated 

that the proposed requirements for 

compost in mushroom production, 

specifically the requirement that 

compost reach a temperature of at least 

131 °F for a minimum of three days, did 

not accurately reflect the entirety of the 

composting process used by mushroom 

producers (especially for Agaricus 

mushrooms). Specifically, these 

producers often use a two-phase 

composting process. Temperatures in 

the first phase typically go well above 

131 °F. In the second phase, 

temperatures are also brought higher 

than 131 °F in a pasteurization step but 


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22USDA, National Agricultural Statistics Service, 

Agricultural Statistics Board. (August 21, 2024). 

‘‘Mushrooms.’’ https://downloads.usda.library.

cornell.edu/usda-esmis/files/r781wg03d/ 

9593wm52z/9306vq05c/mush0824.pdf. 

23PennState Extension. (March 6, 2023). 

‘‘Seeding Substate and Management of Growing 

Agaricus Bisporus.’’ https://extension.psu.edu/ 

seeding-substrate-and-management-of-growingagaricus-bisporus. 

24USDA, National Agricultural Statistics Service. 

(December 2022). ‘‘Certified Organic Survey 2021 

Summary.’’ https://www.nass.usda.gov/ 

Publications/AgCensus/2022/index.php. 

do not persist. Comments noted that 

composting practices are varied and 

diverse, especially between Agaricus 

and specialty mushroom producers, and 

questioned if the minimum 

requirements accommodate the variety 

of composting methods that mushroom 

producers may use to prepare compost. 

Relatedly, some comments requested 

clarification about how guidance 

documents related to heat-treated 

manure (NOP 5006) and alternative 

composting methods (NOP 5021) relate 

to this rule. 

(Response) The final rule maintains 

that composted plant and animal 

materials prepared for mushroom 

substrate must meet minimum 

requirements of maintaining a 

temperature of at least 131 °F for at least 

three days. AMS recognizes that 

mushroom producers use a wide variety 

of processes to prepare substrate for 

mushroom production but is not aware 

of composting processes for mushrooms 

that do not achieve the minimum 

standard of 131 °F for three days. 

Additionally, the final rule does not 

require producers to use compost. If a 

producer uses a process that does not 

meet the minimum temperature and 

time requirements of the final rule for 

compost, the agricultural materials must 

be organic, unless the material is not 

commercially available in organic form 

under § 205.210(c)(2) or the input is a 

wood material meeting the requirements 

of § 205.210(c)(3). Producers may 

continue to use a variety of processes, 

provided that the producer complies 

with the organic regulations and the 

minimum requirements for composted 

nonorganic plant and animal materials 

used in mushroom substrate. 

Spawn 

(Comment) Several comments stated 

that spawn and spawn media 

requirements were not clearly 

distinguished from requirements for 

mushroom substrate or that the 

proposed rule included contradictory 

requirements for spawn. For example, 

comments questioned whether 

nonagricultural products or synthetic 

substances on the National List are 

allowed in organic spawn media. 

(Response) The final rule separates 

spawn and spawn media requirements 

from the requirements related to the 

mushroom substrate (substrate 

inoculated by spawn). This revision is 

intended to clearly distinguish the 

requirements for mushroom spawn 

media from the requirements for 

mushroom substrate. Paragraph 

205.210(d) indicates that allowed 

synthetic substances and nonorganic 

wood materials may be added to spawn 

media and clarifies other composition 

requirements for organic spawn. 

(Comment) Some comments argued 

the rule should always require organic 

spawn media, without exception. 

Commenters argued that organic 

materials are available in sufficient 

quantity for organic spawn. 

Other commenters stated that there 

are not enough organic inputs to 

support organic spawn production. 

Specifically, a comment argued that 

there are not enough organic products to 

supply organic spawn at even a fraction 

of the total need. The comment noted 

that 750 to 850 million pounds of 

Agaricus mushrooms are produced 

annually in the United States, requiring 

hundreds of thousands of acres of straw 

and hay. 

(Response) AMS finds that there is 

likely sufficient organic spawn media to 

produce organic spawn in most cases. 

While 750 to 850 million pounds of 

Agaricus mushrooms are produced in 

the United States, less than 110 million 

pounds are produced organically.22

These organic mushrooms will use 

hundreds of millions of pounds of 

agricultural materials, mostly in their 

growing substrate (where composting 

and commercial availability provide 

flexibility for organic producers). Spawn 

materials make up less than five percent 

of the total need for agricultural 

materials in Agaricus production.23 The 

United States produced nearly 2.4 

billion pounds of organic hay and straw 

in 2021, so AMS believes that there 

should be sufficient organic hay and 

straw for organic spawn production that 

requires these inputs.24

However, AMS understands there 

may be limited circumstances when 

needed organic materials may not 

always be commercially available in all 

regions at all times of the year. 

Additionally, AMS understands that 

sawdust is often used as a spawn media 

and there are little to no organic wood 

products available. Because of this, the 

final rule maintains the proposed 

requirement that spawn must be organic 

when commercially available but 

provides limited exceptions for using 

nonorganic wood in organic spawn 

media and nonorganic spawn media 

when organic spawn and spawn media 

are not commercially available. This 

flexibility of the final rule will ensure 

that mushroom producers can 

consistently produce spawn to meet the 

needs of organic mushroom production. 

(Comment) A comment noted that 

spawn requirements did not clearly 

differentiate between the requirements 

for mushroom producers that only 

source spawn (from outside their 

operation) and producers that make 

their own spawn. Commenters 

questioned how commercial availability 

requirements (for sourcing spawn) apply 

to producers that make their own spawn 

on-site. 

(Response) AMS agrees that the rule 

should more fully consider those 

operations that not only source spawn 

but produce their own spawn for their 

mushroom production. The final rule 

more clearly describes spawn 

requirements for producers that make 

their own spawn (see § 205.210(d)(2)). 

The final rule clarifies that producers 

who produce their own spawn for their 

own mushroom production must use 

organic inputs for their spawn media, 

when commercially available. This 

revision will allow producers that make 

their own spawn to continue to do so 

but also clarifies that the same standard 

for organic agricultural uncomposted 

materials that applies to mushroom 

substrate also applies to spawn media. 

In the case that organic inputs are not 

used by a producer for spawn media 

when organic spawn is commercially 

available in the market, certifiers should 

pay close attention to claims that the 

spawn cannot be made to comply with 

organic spawn requirements. 

(Comment) Several comments from 

certifiers asked for clarification about 

how to review the ingredients in 

mycelium cultures used to inoculate 

spawn media (e.g., ingredients in agar 

plates) and whether those ingredients 

are subject to the same requirements as 

spawn and/or spawn media. 

(Response) The rule does not specify 

requirements for mycelium culture 

materials (e.g., ingredients in agar 

plates, liquid cultures, or slants). 

Organic mushroom spawn must be 

under continuous organic management 

after the mycelium is applied to the 

mushroom spawn media 

(§ 205.210(d)(1)(iii)). Other requirements 

for spawn and spawn media are 

described in § 205.210(d). 

Commercial Availability for Mushroom 

Spawn 

(Comment) A mushroom trade 

association stated the ‘‘variety’’ of 

spawn media was not relevant to 


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commercial availability searches, as 

proposed. The commenter states that the 

availability of specific spawn media 

may be impacted by factors even within 

a media variety (e.g., organic grain in 

one location may have different 

contaminants than the same grain grown 

in another location). Other commenters 

asked that the term ‘‘variety’’ be 

removed from the proposed regulatory 

text related to commercial availability as 

it is inconsistent with the existing 

regulatory definition of commercially 

available. 

(Response) AMS agrees that the 

emphasis on variety creates confusion 

with the commercial availability 

criteria. In this final rule, AMS has 

removed the proposed reference to 

‘‘variety’’ in favor of functional 

equivalence for both spawn media and 

substrate. This change more clearly 

aligns with the definition of 

commercially available. This 

requirement may mean operations need 

to check the organic variety of a 

nonorganic input in many cases. 

Commercial availability allows for 

determinations based on quality of the 

product, which may include 

contaminants. 

(Comment) Some comments argued 

the rule should always require organic 

spawn, without exception. Comments 

argued that requiring organic spawn 

would support organic spawn 

producers. Some comments noted that 

removing any allowance for nonorganic 

spawn could also help assure 

consumers that organic mushrooms 

meet a consistent standard. Other 

comments acknowledged the need for a 

commercial availability exception for 

organic spawn. A mushroom trade 

association stated that many mushroom 

strains are proprietary, and if a given 

strain is not produced in organic form, 

it likely cannot be obtained or produced 

by any other source. 

(Response) A key goal of the final rule 

is to establish consistent standards for 

mushroom production, which includes 

the production of spawn and other 

related products. However, AMS 

disagrees with comments that argue 

organic spawn is available for all spawn 

production and should be required 

without any exceptions. AMS 

recognizes that organic spawn, 

especially for certain proprietary strains, 

may not be available. The final rule 

allows for use of nonorganic spawn 

when organic spawn is not 

commercially available. Producers will 

be able to continue using these strains 

if equivalent organic spawn is not 

commercially available. 

‘‘Ready-to-Use’’ Products 

(Comment) Comments asked for 

clarification about how the standards 

apply to ‘‘ready-to-use’’ or ‘‘ready-tofruit’’ mushroom logs, blocks, or kits, 

and whether a 2019 NOP memo to 

certifiers on the topic remains in effect. 

Comments noted that these products 

commonly contain nonorganic wood 

products (e.g., sawdust) as substrate, 

and questioned whether this would 

continue to be allowed under the final 

rule. 

(Response) This final rule replaces the 

2019 memo from NOP to certifiers and 

continues to allow the use of nonorganic 

wood materials as mushroom substrate 

(§ 205.210(c)(3)). These products 

(collectively referred to here as ‘‘RTU 

products’’ or ‘‘RTUs’’) are sometimes 

marketed as ‘‘ready-to-use spawn’’ or 

‘‘spawn kits,’’ but they can be generally 

described as mushroom substrate that 

has been inoculated with spawn and is 

readily able to produce harvestable 

mushrooms in situ with proper 

humidity and temperature control. In 

contrast, spawn does not contain 

substrate necessary to readily grow 

mushrooms and needs to be combined 

with substrate to produce a crop. As 

such, RTU products do not fall under 

the definition and description of 

‘‘spawn’’ in this final rule. 

Because RTU products contain both 

substrate and spawn, both must be 

produced and managed according to the 

applicable requirements of this final 

rule in order to produce organic 

mushrooms. Organic RTU mushroom 

production products must be produced 

by a certified organic operation in 

accordance with § 205.210. The spawn 

used to inoculate the substrate must 

comply with § 205.210(d). The substrate 

must comply with § 205.210(c), which 

includes an allowance for nonorganic 

wood materials. This final rule ensures 

that RTU products must follow the same 

regulations as other inoculated 

mushroom substrate under § 205.210 for 

organic mushroom production. 

Mycelial Biomass Ingredients 

(Comment) Comments asked AMS to 

change the standards or clarify how the 

standards apply to edible ‘‘mycelial 

biomass’’ used as an ingredient in food, 

beverages, supplements, and other 

processed products for direct human 

consumption. Comments also referred to 

these ingredients by other terms, such as 

‘‘mycelium biomass,’’ ‘‘mycomass,’’ 

‘‘full spectrum mycoproduct material,’’ 

‘‘mycofermented mycelium,’’ 

‘‘mycofermented grain,’’ or ‘‘myceliated 

grain.’’ Comments generally described 

these ingredients as being produced 

similarly to spawn, but with a longer 

growth time after the mycelium is 

applied to substrate. In general, a 

substrate material (e.g., grain, such as 

millet or rice) is inoculated with a 

culture and grown (or fermented) until 

nearly all the substrate is consumed by 

the mycelium and bio-converted into 

fungal tissue. The entire mycelial mass, 

including any un-converted substrate, 

may be dried or otherwise processed 

and used as an ingredient. 

(Response) AMS appreciates the 

detailed technical comments submitted 

about these ingredients (collectively 

referred to as ‘‘mycelial biomass’’ in this 

response). AMS agrees with comments 

recognizing the differences between 

mycelial biomass used as an ingredient 

for direct human consumption, versus 

spawn used as a crop input to produce 

fruiting bodies which are then harvested 

for direct human consumption. AMS 

also recognizes that organic spawn 

meeting the requirements at 

§ 205.210(d)(1) for use as a crop input to 

produce organic mushrooms may not 

comply with the requirements for use as 

an ingredient in an organic processed 

product. 

AMS has not developed standards 

that are specific to mycelial biomass 

ingredients. However, this rule does not 

preclude or prevent the ongoing organic 

certification of mycelial biomass 

ingredients used in processed products. 

Ingredients used in organic processed 

products must follow the handling 

requirements in § 205.270 and 

ingredient composition requirements in 

§ 205.301. Given that the substrate used 

to produce the mycelial biomass is 

included as part of the mycelial biomass 

ingredient in a processed product, the 

substrate must comply with the 

requirements at § 205.301 for 

agricultural substances to be organic. 

Additionally, any non-agricultural or 

nonorganic ingredients must comply 

with applicable provisions of the 

National List of substances allowed in 

processed products (§§ 205.605 and 

205.606). AMS understands, based on 

comments received on the proposed 

rule, that this reflects the current 

practice of certifiers that currently 

certify edible mycelial biomass 

ingredients for direct human 

consumption and other processed 

products that may contain these 

ingredients. 

Exemptions 

(Comment) Some comments 

expressed a concern that exempting 

mushroom producers from certain crop 

production requirements could lead to 

other types of crop production systems 


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25USDA, NOP. ‘‘How to File a Petition.’’ https:// 

www.ams.usda.gov/rules-regulations/organic/ 

national-list/filing-petition#NLpetitionGuidelines. 

being allowed to avoid applicable 

regulations. 

(Response) This rule does not create 

or change the requirements for crop 

production other than mushrooms. 

Section 205.210 specifically recognizes 

the provisions of the organic crop 

standards that apply to organic 

mushroom production and establishes 

specific requirements that allow for the 

different production practices used to 

grow mushrooms. Establishing practice 

standards for other specialized crop 

production systems is outside the scope 

of this rule. This rule does not preclude 

future rulemaking regarding other types 

of specialized crop production systems. 

(Comment) A comment argued that 

mushroom producers should not be 

exempt from crop rotation requirements 

that apply to plant producers. They 

noted that rotation could support broad 

organic requirements to improve natural 

resources, support nutrient cycling, 

promote ecological balance, and 

conserve biodiversity. 

(Response) The rule does not require 

that mushroom producers rotate crops, 

or species of mushrooms, on their 

operations. Due to the nature of 

mushroom production, it is not clear 

how a mushroom producer would 

conduct crop rotations. Mushroom 

operations, however, must meet 

requirements at § 205.200 to maintain or 

improve the natural resources of the 

operation, including soil and water 

quality. For these reasons, the final rule 

does not require mushroom operations 

to follow crop rotation standards at 

§ 205.205. 

§ 205.601 (National List—Crop) 

Description of Final Policy 

Section 205.105 of the organic 

regulations describes the allowed and 

prohibited substances in organic 

production and handling. That section 

states that synthetic substances may be 

used in organic production only if they 

are specifically included on the 

National List of allowed synthetic 

substances (§ 205.601). 

The final rule revises the definition of 

crop (§ 205.2) to clarify that mushrooms 

are a type of crop. This means that the 

National List for crop production is 

applicable to mushroom production. 

The final rule also updates the 

paragraph headings at § 205.601(i) and 

(j) to replace the term ‘‘plant’’ with 

‘‘crop’’ in the phrases ‘‘As plant disease 

control’’ and ‘‘As plant or soil 

amendments.’’ These paragraphs 

describe the types of synthetic 

substances, grouped by function, that 

may be used in organic crop production. 

The revisions are intended to clarify 

that subsections 205.601(i) and (j) of the 

National List, along with other 

substances for crop production listed 

throughout § 205.601, are relevant for 

mushroom production. 

Substances used in mushroom 

production must also be used in 

accordance with any restrictions or 

annotations noted on the National List 

and only if permitted under applicable 

Federal and State laws and regulations. 

For example, the U.S. Environmental 

Protection Agency reviews pesticide 

product labels as part of the licensing/ 

registration process and must approve 

the label language before a pesticide can 

be sold or distributed in the United 

States. It is a violation of Federal law to 

use a pesticide in a manner inconsistent 

with its labeling. 

Changes From Proposed to Final Rule 

Following analysis of public 

comments, AMS has not made any 

changes to the proposed National List 

modifications in this final rule. 

Responses to Public Comment 

Below is a summary of comments 

received regarding these changes to the 

National List (§ 205.601) and AMS’s 

responses. 

(Comment) Some of the comments 

that argued for a new scope of 

certification for fungi (described earlier) 

also argued that AMS should create a 

new section of the National List for 

fungi inputs that is separate from the list 

for crop production in § 205.601. 

Comments argued that substances on 

the National List for crop production do 

not apply to mushroom production, and 

those substances should be specifically 

petitioned for addition to the new 

section of the National List. 

(Response) AMS is not creating a 

separate section of the National List for 

fungi inputs, as requested, nor is AMS 

requiring inputs currently on the 

National List for use in crop production 

to be reviewed again for use in 

mushroom production. The crops 

section of the National List (§§ 205.601 

and 602) is already an established 

location for identifying mushroom 

production inputs, like the listing of 

microcrystalline cheesewax at 

§ 205.601(o)(2) for use in log grown 

mushroom production. 

Use of the crops section of the 

National List is also consistent with 

current practices of certifiers that certify 

mushrooms as a crop. These certifiers 

refer to the regulations and § 205.105 

and the crops section of the National 

List (§§ 205.601 and 205.602) to 

determine allowed and prohibited 

materials for organic mushroom 

production. Furthermore, materials on 

the National List are subject to specific 

restrictions and annotation and may not 

be allowed for mushrooms. For these 

reasons, AMS does not view this as an 

expansion of allowable inputs, but 

rather, maintaining current practice. 

Stakeholders may refer to the National 

List Petition Guidelines for information 

on amending the National List.25

Responses to Public Comment on 

Implementation Timeline 

In the proposed rule, AMS 

specifically requested feedback about 

whether a one-year implementation 

period would be appropriate for the rule 

and what an appropriate 

implementation timeframe would be if 

one year was not appropriate. 

Comments on this topic as it related to 

the mushroom standards, and AMS’s 

responses to comments, are discussed 

below. 

(Comment) Some comments argued 

that an extended implementation period 

would be needed if the final rule were 

to include specific changes they 

requested. For example, comments that 

requested AMS create a separate 

standard and scope of certification for 

all fungi also suggested that five years 

would be necessary for changes so 

sweeping. Others argued that a five-year 

implementation period would be 

adequate if the rule were to require that 

all mushroom substrate inputs be 

organic without exception. 

(Response) As previously discussed, 

AMS has declined to expand the 

standards to apply to all fungi or create 

a separate scope of certification for all 

fungal products, and AMS has retained 

an exception in the final rule for 

mushroom operations to use nonorganic 

inputs under specific conditions (see 

‘‘Responses to Public Comment’’ in the 

above subsections labeled ‘‘§ 205.2 

(Terms defined)’’ and ‘‘§ 205.210 

(Mushroom production practice 

standards)’’). As these changes were not 

adopted, a five-year implementation 

period is not necessary. 

(Comment) Some mushroom 

producers and a mushroom industry 

association stated that a one-year 

implementation period would be 

inadequate because there is not enough 

supply of organic agricultural or forestry 

byproduct to meet the demand. 

(Response) In response to these and 

other comments, the final rule allows 

nonorganic wood materials (i.e., 

sawdust, chips, logs, or other wood 

materials). Furthermore, it allows for 

nonorganic plant materials in 


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104382 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

26FDA. (February 17, 2022). ‘‘FDA’s regulation of 

pet food.’’ https://www.fda.gov/animal-veterinary/ 

animal-health-literacy/fdas-regulation-pet-food. 

27FDA. (February 3, 2023). ‘‘Pet food.’’ https://

www.fda.gov/animal-veterinary/animal-food-feeds/ 

pet-food. FDA’s animal food labeling regulations are 

located at 21 CFR part 501. 

28AAFCO. ‘‘Labeling & labeling requirements.’’ 

https://www.aafco.org/resources/startups/labelinglabeling-requirements/. Accessed May 1, 2023. 

29FDA. (February 15, 2024). ‘‘Pet Food.’’ https:// 

www.fda.gov/animal-veterinary/animal-food-feeds/ 

pet-food. 

30FDA. (August 4, 2023). ‘‘Current animal GRAS 

notices inventory.’’ https://www.fda.gov/animalveterinary/generally-recognized-safe-grasnotification-program/current-animal-food-grasnotices-inventory. 

31National Research Council. (2006). ‘‘Nutrient 

requirements of dogs and cats.’’ https://

nap.nationalacademies.org/catalog/10668/nutrientrequirements-of-dogs-and-cats. 

32American Pet Products Association. ‘‘Pet 

industry market size, trends & ownership 

statistics.’’ Retrieved September 3, 2024. https://

americanpetproducts.org/industry-trends-and-stats. 

Accessed September 3, 2024. 

mushroom substrate when organic is not 

commercially available. For these 

reasons, AMS does not agree with the 

comment that the rule requires a long 

implementation period. 

However, in recognition of the 

changes in the final rule, AMS is 

providing a two-year implementation 

period to allow operations to update 

organic system plans, procedures, and 

recordkeeping systems to comply with 

the final rule. 

(Comment) Some commenters argued 

that a one-year implementation period 

would be too brief. Certifiers noted that 

one year does not allow enough time to 

notify operations of changes, collect 

updated organic system plan forms, and 

conduct inspections to the new 

requirements. Additionally, some 

certifiers said the recent Strengthening 

Organic Enforcement final rule is 

demanding certifier resources. These 

commenters requested a longer (e.g., 

two- to three-year) implementation 

period for the rule. 

(Response) AMS is selecting an 

implementation approach for the final 

rule that recognizes time is required for 

certifiers and operations to understand 

the rule and then update forms, 

procedures, and recordkeeping systems. 

AMS believes that a two-year 

implementation period, for both the 

mushroom standards and the pet food 

standards, provides the regulatory 

certainty that the rule seeks to establish 

and will minimize business disruptions 

for organic operations and certifying 

agents. 

IV. Organic Pet Food Standard 

A. Pet Food Background 

This final rule regulates organic 

claims on pet food by amending the 

existing regulatory framework for 

processed organic products (§ 205.270, 

Organic handling requirements) to 

clarify the composition and labeling 

requirements for organic pet food. These 

amendments allow organic pet food to 

be labeled and sold as ‘‘100% organic,’’ 

‘‘organic,’’ or ‘‘made with organic 

(specified ingredients or food 

group(s)).’’ The changes clarify that pet 

food is distinct from livestock feed, 

which has its own composition and 

labeling requirements (see §§ 205.237 

and 205.301(e)). This rule defines pet as 

‘‘Any domestic animal not used for the 

production and sale of food, fiber, or 

other agricultural-based consumer 

products.’’ The rule defines pet food as 

‘‘Any commercial feed prepared and 

distributed for pet consumption.’’ 

Throughout this rule, the term pet food 

is used to refer to all pet foods, 

including food for pets other than dogs 

and cats, unless otherwise noted. Feed 

for zoo animals falls outside the scope 

of this rule, as zoo animals are not 

domestic animals and do not fit the 

definition of pet. 

This rule regulates what organic pet 

food can contain and how organic 

claims may be used on pet food. Other 

aspects of the manufacturing, marketing, 

and sale of pet food—including its 

healthfulness and safety, nutritional 

value, and suitability for pets—fall 

under the authority of the Food and 

Drug Administration (FDA) and State 

regulatory bodies. All pet food 

manufacturers, organic or otherwise, 

must comply with relevant Federal and 

State laws and regulations pertaining to 

pet food safety. 

General Overview of U.S. Pet Food 

Regulations 

Pet food labels are regulated at the 

Federal and State levels. At the Federal 

level, FDA is responsible for overseeing 

and enacting the requirements of the 

Federal Food, Drug, and Cosmetic Act, 

which requires pet food to be safe, 

properly manufactured, and adequately 

labeled.26 FDA requires certain 

information on pet food labels: Proper 

identification of the product, a net 

quantity statement, the name and place 

of the manufacturer or distributor, and 

a proper listing of all ingredients.27

Some States enforce their own labeling 

regulations in addition to those 

administered by FDA. Most of these 

States follow versions of the Model Bill 

recommendations of the Association of 

American Feed Control Officials 

(AAFCO), an independent non-profit 

organization.28

Pet food is often formulated as a 

complete nutrition product—i.e., the 

sole source of nourishment for pets. It 

typically contains ingredients from 

agricultural sources, minerals, vitamins 

or other nutrients, flavorings, 

preservatives, and processing aids to 

meet the nutrient requirements of the 

animal and the processing needs for the 

pet food.29 Many ingredients from 

agricultural sources such as meat, 

poultry, and grains are considered safe 

and do not require FDA’s pre-market 

approval. Other substances (including 

supplemental nutrients) do not require 

FDA’s pre-market approval if they are 

on an FDA-maintained list of 

ingredients Generally Recognized as 

Safe (GRAS), otherwise they must have 

approval as food additives.30 The 

National Academy of Sciences’ National 

Research Council (NRC) and AAFCO 

provide information on the nutrient 

requirements of dogs and cats at each 

stage of life (e.g., growth, reproduction, 

adult maintenance) to guide the 

formulation of nutritionally adequate 

pet foods. NRC has listed and described 

essential nutrients in its 2006 

publication ‘‘Nutrient Requirements of 

Dogs and Cats.’’ 31 On its website, 

AAFCO maintains more recently 

updated Nutrient Profiles for the various 

stages of life. The minimum nutrient 

levels specified in the AAFCO Nutrient 

Profiles are generally consistent with 

NRC Nutrient Requirement tables and 

are updated periodically as NRC 

recommendations change. 

This rule does not supersede the 

requirements of FDA or State regulatory 

bodies. Instead, this rule is intended to 

work jointly with those requirements 

and more narrowly regulate what 

manufacturers must do to label their pet 

food ‘‘100% organic,’’ ‘‘organic,’’ or 

‘‘made with organic (specified 

ingredients or food group(s)).’’ 

Additionally, by including organic pet 

food in the organic regulations, the rule 

clarifies the process for adding 

substances to the National List 

specifically for use in organic pet food. 

Future amendments to the National List 

could be made, as necessary, in 

accordance with the process, 

requirements, and criteria described in 

OFPA (see 7 U.S.C. 6517 and 6518). 

Organic Pet Food Industry and Market 

Pet food is a large and growing market 

in the United States. According to 

recent data from the American Pet 

Products Association (APPA), roughly 

82 million homes own a pet.32 Pet 

ownership increased during the COVID– 

19 pandemic when many people chose 

to adopt pets while working from home. 

According to an American Society for 

the Prevention of Cruelty to Animals 


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33ASPCA. ‘‘New ASPCA survey: Vast majority of 

dogs and cats acquired during pandemic still in 

their homes.’’ https://www.aspcapro.org/resource/ 

new-aspca-survey-vast-majority-dogs-and-catsacquired-during-pandemic-still-their-homes. 

Accessed September 3, 2024. 

34American Pet Products Association. ‘‘Pet 

industry market size, trends & ownership 

statistics.’’ https://americanpetproducts.org/ 

industry-trends-and-stats. Accessed September 3, 

2024. 

35Organic Trade Association. (2022). Organic 

Industry Survey. p. 108. 

36Organic Trade Association. (2024). Organic 

Industry Survey. p. 74. 

37 Institute for Feed Education & Research. (March 

2020). ‘‘Pet food production and ingredient 

analysis.’’ 

38 Kibble accounted for 62.8 percent of all pet 

food sales in 2020. Pet Food Processing. (December 

1, 2020). ‘‘State of the US pet food and treat 

industry, 2020.’’ https://www.petfood

processing.net/articles/14294-state-of-the-us-petfood-and-treat-industry-2020. 

39FDA. (February 28, 2020). ‘‘Complete and 

Balanced Pet Food.’’ https://www.fda.gov/animalveterinary/animal-health-literacy/complete-andbalanced-pet-food. 

(ASPCA) survey, around 23 million 

homes (nearly one in five homes in the 

United States) adopted a cat or dog 

during the pandemic.33

In 2023, the pet food/treat market in 

the United States was valued at $64.4 

billion and was projected to increase to 

$66.9 billion in 2024.34 However, the 

organic pet food market remains small 

in comparison: as of 2021, the organic 

pet food market was less than one 

percent of the total pet food market.35 In 

2023, sales of organic pet food dropped 

to $120 million, a decline of 7.4 percent 

from the previous year.36 The organic 

pet food market is relatively new, with 

few organic brands having been able to 

penetrate the market. AMS expects that 

as the number of organic options for 

pets increases, an untapped market of 

consumers may seek to purchase 

organic pet food for the same reasons 

that they purchase other organic foods. 

B. Need for Organic Pet Food Standards 

The lack of specific standards for 

organic pet food has created 

inconsistency and uncertainty around 

labeling and composition requirements 

for organic pet food. Certifiers have used 

various combinations of the standards 

for livestock feed and processed 

products, neither of which are entirely 

sufficient. The handling standards are 

appropriate for verifying the processing, 

handling, product composition, and 

labeling requirements for multiingredient processed agricultural 

products, but they lack specific 

allowances for nutrients that are 

necessary for pets. Conversely, the 

livestock feed standards include 

allowances for many of the nutrients 

that are necessary for pets, but they 

prohibit common pet food ingredients, 

such as slaughter by-products. 

These regulatory gaps have increased 

the risk for businesses in the organic pet 

food market, hindered production 

innovation, and limited the market for 

organic slaughter by-products. This rule 

addresses these inconsistencies and 

creates clearer regulatory standards 

specifically for slaughter by-products 

and nutrients in organic pet food. 

Organic Slaughter By-Products 

The term ‘‘organic slaughter byproducts’’ refers to the parts of an 

organic animal, managed and 

slaughtered according to the organic 

regulations, that humans do not 

typically eat, such as offal, gristle, and 

bone. These by-products come from 

organically managed animals, but 

livestock producers do not often receive 

organic premiums for them due to an 

insufficient market for organically 

produced slaughter by-products. 

Section 205.237(b)(5) prohibits 

feeding slaughter by-products to 

mammals or poultry. This is a necessary 

precaution for livestock raised as food 

for human consumption; however, 

slaughter by-products are a commonly 

used protein source in pet food. In the 

past, some certifying agents have used 

the composition requirements for 

organic livestock feed (§ 205.301(e)) to 

certify pet food as organic, but livestock 

feed produced under the organic 

standards may not sufficiently address 

the nutritional needs of pets. Some 

certifying agents have allowed organic 

slaughter by-products in pet food, while 

other certifiers have not. These 

contradictions create uncertainty for 

businesses that currently produce 

organic pet food and are a barrier to 

businesses that would like to start 

producing organic pet food or selling 

slaughter by-products to the organic pet 

food market. 

Slaughter by-products make up 

approximately 23 percent of the 

composition of conventional pet food, 

in part to meet protein levels required 

by Federal and State regulations.37 AMS 

estimates that there are currently over 

12 million pounds of organic meat and 

organic slaughter by-products used in 

pet food annually. Prior to the 

publication of this final rule, it was 

unclear if pet food manufacturers could 

use meat or slaughter by-products in 

organic pet food. This uncertainty has 

likely limited the growth of the organic 

pet food market. By clarifying that these 

products can be used in organic pet 

food, this rule could broaden the market 

and increase demand for those organic 

livestock products. Based on feedback 

from stakeholders, AMS finds it likely 

that organic meat and slaughter byproduct demand will grow over time 

beyond this estimate after 

implementation of this rule. 

Vitamins, Minerals, and Amino Acids 

Most dry and wet pet foods are multiingredient products, as multiple 

ingredients are needed to meet the 

nutritional needs of a pet. The product 

that forms the largest share of the pet 

food market is kibble,38 or dry 

‘‘complete and balanced’’ 39 pet food, 

which is intended to supply a pet’s 

daily nutritional needs of essential 

vitamins, minerals, and amino acids. 

Prior to the publication of this rule, 

there has been uncertainty about which 

nutrients are allowed in organic pet 

food. Some certifying agents have used 

the composition requirements for 

organic livestock feed (§ 205.301(e)) to 

identify allowable nutrients in organic 

pet food. Those standards allow the use 

of FDA-approved vitamins and minerals 

that appear on the National List of 

allowed substances for livestock 

production (§ 205.603(d)(2) and (3)), 

many of which are commonly used in 

pet foods. Other certifiers have used the 

handling standards in § 205.270, which 

allow nutrient vitamins and minerals 

that appear on the National List of 

allowed substances for processing/ 

handling at §§ 205.605 and 205.606. 

However, these standards do not 

explicitly allow the vitamin and mineral 

ingredients that appear on the National 

List for livestock production at 

§ 205.603(d), which may also be 

important for pet food. Neither the 

livestock production nor the processing/ 

handling lists of allowed synthetic 

nutrient vitamins and minerals is 

sufficient to address the range of 

essential nutrients for pet food. 

Furthermore, neither section of the 

National List allows for certain 

synthetic amino acids, such as taurine, 

that are commonly used in pet food. 

Taurine is a synthetic amino sulfonic 

acid that is a necessary part of a healthy 

diet for many pets (all cats and some 

dog breeds). For that reason, AAFCO’s 

cat nutrient profiles require taurine, and 

it is a common synthetic additive in pet 

foods for other pets. Taurine is essential 

for pet health and adequate taurine 

levels cannot always be achieved using 

organic agricultural ingredients alone. 

The natural form of taurine is present in 

raw meat but not in processed pet food 

in its final form, as taurine is destroyed 

by heat, which is applied during pet 

food processing to comply with pet food 


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104384 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

40Spitze, A.R., Wong, D.L., Rogers, Q.R., & 

Fascetti, A.J. (2003). ‘‘Taurine concentrations in 

animal feed ingredients; cooking influences taurine 

content.’’ Journal of Animal Physiology and Animal 

Nutrition, 87(7–8), 251–262. https://pubmed.ncbi.

nlm.nih.gov/12864905/. 

41USDA, AMS. (April 2018). ‘‘Organic Labels 

Explained.’’ https://www.ams.usda.gov/sites/ 

default/files/media/OrganicLabelsExplained.png. 

safety standards.40 To compensate for 

this loss, pet food manufacturers often 

add synthetic forms of taurine to certain 

pet foods. As synthetic taurine was 

previously not approved for organic pet 

food, some certifiers limited the types of 

pet food that could be certified as 

organic to single-ingredient treats. This 

limited the growth of the overall organic 

pet food market. 

Final Rule Response 

This final rule resolves these 

problems by, first, establishing that 

organic pet food is regulated as a 

processed product rather than as 

livestock feed. This allows organic pet 

food to include slaughter by-products 

from certified organic animals, which 

remain under continuous organic 

management through the slaughter 

process. This clarification creates 

consistency between certifying agents, 

removes uncertainty for pet food 

manufacturers, and expands the market 

for organic livestock producers who sell 

slaughter by-products. Allowing 

slaughter by-products in organic pet 

food will likely increase demand for 

certified organic slaughter by-products 

and create additional income streams 

for organic livestock producers and 

meat processors. AMS expects that the 

changes brought about by this final rule 

will encourage additional growth in the 

small organic pet food market and other 

latent organic markets that support it, 

such as the market(s) for organic 

slaughter by-products. 

Second, this final rule clarifies the 

vitamins, minerals, and amino acids 

that are allowed as ingredients in 

organic pet food to ensure that pet food 

manufactures can formulate pet foods 

that meet the daily nutritional needs of 

pets. It permits the use of the vitamin 

and mineral feed additives referenced in 

§§ 205.603(d)(2) and (3) in pet food, and 

it adds taurine to the National List at 

§ 205.605(b) as an allowed nonorganic 

ingredient in organic pet food. Revising 

the organic regulations to clearly allow 

the essential nutrients required in pet 

food will allow companies to produce 

multi-ingredient dry and wet pet food 

products that are certified organic and 

meet the complete nutritional needs of 

pets. 

Third, this rule regulates pet food 

under the existing composition and 

labeling requirements for processed 

products referenced in § 205.270 rather 

than under the requirements for 

livestock feed. This allows producers to 

make the organic labeling claims: ‘‘100 

percent organic,’’ ‘‘organic,’’ or ‘‘made 

with organic (specified ingredient or 

food group(s)).’’ These labeling claims 

are regulated under the USDA organic 

regulations (§§ 205.301, 205.303, and 

205.304) and are used extensively by 

certified organic handlers. ‘‘100 percent 

organic’’ is used to label any product 

with 100 percent organic ingredients, 

‘‘organic’’ products must contain at least 

95 percent organic ingredients, and 

‘‘made with organic’’ products must 

contain at least 70 percent organic 

ingredients. The regulations established 

in this final rule also permit the 

identification of organically produced 

ingredients in the ingredient statement 

of certain products (§§ 205.301(d) and 

205.305). In the first three cases, any 

nonorganic ingredient(s) must also meet 

specific criteria.41

By clarifying that pet food can be 

labeled with the various organic claims 

described above, the rule provides pet 

food manufacturers with the flexibility 

to make and market a range of products 

that contain organic ingredients. In turn, 

AMS expects the rule could increase the 

availability of organic products for 

consumers and bolster markets for 

organic ingredients by increasing 

demand. 

In conclusion, this rule addresses 

inconsistencies in how certifying agents 

are applying the current organic 

regulations to pet food. It also resolves 

regulatory uncertainties that artificially 

increase risk in the organic pet food 

market. Addressing these 

inconsistencies and uncertainties 

should create the conditions necessary 

for organic pet food and related markets 

to grow. 

C. Overview of Final Rule Policy and 

Responses to Comments 

This final rule amends the USDA 

organic regulations (7 CFR part 205) by 

defining ‘‘pet’’ and ‘‘pet food’’ in the 

regulations and adding a new paragraph 

for pet food in § 205.270, organic 

handling requirements. This action 

integrates organic pet food standards 

into existing USDA organic labeling 

categories for agricultural products 

(subpart D of part 205) and specifies the 

ingredients that can be included in pet 

food labeled ‘‘100 percent organic,’’ 

‘‘organic,’’ ‘‘made with organic 

(specified ingredients or food 

group(s)),’’ or in products with less than 

70 percent organic ingredients 

(ingredient list claims only). Table 2 

summarizes the amendments to the 

USDA organic regulations that add pet 

food composition and labeling 

standards. 

TABLE 2—OVERVIEW OF REGULATORY CHANGES TO ESTABLISH PET FOOD STANDARDS

Section title Type of action Rulemaking action 

205.2 ....................... Adds new terms .................................................. Defines terms pet and pet food. 

205.270 ................... Adds new paragraph .......................................... Adds composition and labeling requirements specific to pet food. 

205.605(b) .............. Adds substance to the National List .................. Adds taurine to the National List as an allowed ingredient in pet food. 

§ 205.2 (Terms Defined) 

Description of Final Policy 

The final rule amends § 205.2 by 

adding two new terms, pet and pet food. 

1. Pet 

The rule defines pet as ‘‘any domestic 

animal not used for the production and 

sale of food, fiber, or other agriculturalbased consumer products.’’ This term 

establishes a distinction between 

animals raised as pets and animals 

raised for food or fiber (i.e., ‘‘livestock,’’ 

as defined at § 205.2). Animals used for 

food or in the production of food, fiber, 

feed, or other agricultural-based 

consumer products are ‘‘livestock’’ 

under the USDA organic regulations 

(§ 205.2) and must be produced under 

all applicable organic livestock 

requirements. Feed requirements for 

organic livestock are described at 

§ 205.237 and do not apply to organic 

pet food, and vice versa. 

2. Pet Food 

The rule defines pet food as ‘‘any 

commercial feed prepared and 

distributed for pet consumption.’’ The 

definition for pet food distinguishes 

organic pet food products from organic 

livestock feed products. This action is 


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42NOSB. (November 19, 2008). ‘‘Formal 

recommendation by the National Organic Standards 

Board (NOSB) to the National Organic Program 

(NOP): Organic pet food standards 

recommendation.’’ https://www.ams.usda.gov/sites/ 

default/files/media/NOP%20Final%20

Rec%20Pet%20Food.pdf. 

consistent with the NOSB’s 

recommendation.42 It also addresses 

concerns from pet food manufacturers 

that applying livestock feed 

composition requirements to pet food 

could limit product formulation and 

participation in the organic market due 

to the lack of available organic protein 

sources, especially rendered products 

like poultry meal. Unless otherwise 

noted, the term pet food refers to all pet 

foods, including food for pets other than 

dogs and cats. Feed for zoo animals is 

not included in the definition, as zoo 

animals are not domestic animals and 

therefore fall outside the definition of 

pets. 

Changes From Proposed to Final Rule 

Following analysis of public 

comments, AMS has not made any 

changes to the proposed definitions of 

pet and pet food in this final rule. See 

the following section for a more detailed 

discussion of public comments on these 

definitions and AMS’s response to those 

comments. 

Responses to Public Comment 

Below is a summary of comments 

received regarding organic pet food 

definitions and AMS’s responses. 

(Comment) Some commenters, 

including AAFCO, requested that AMS 

align its definitions with the AAFCO 

Model Bill and State feed laws. AAFCO 

suggested that the proposed definition 

of pet should be changed to align with 

the Model Bill which defines a pet as a 

dog or a cat only. AAFCO also suggested 

that AMS consider additional 

definitions for specialty pet (‘‘any 

animal normally maintained in a 

household, such as, but not limited to, 

rodents, ornamental birds, ornamental 

fish, reptiles, amphibians, ferrets, 

hedgehogs, marsupials, and rabbits not 

raised for food or fur’’ and specialty pet 

food (‘‘any commercial feed prepared 

and distributed for consumption by 

specialty pets’’). In contrast, other 

commenters, including a feed industry 

association and several organic 

certifying agencies, supported AMS’s 

definitions for pet and pet food, stating 

that the definitions are clear and would 

work well within the existing regulatory 

frameworks for pet food. 

(Response) AMS acknowledges and 

appreciates AAFCO’s work developing 

industry standards. However, AMS has 

chosen not to modify or add to the 

proposed definitions of pet or pet food 

in this final rule. AMS acknowledges 

that the definition of pet in this rule is 

broader than AAFCO’s definition, but 

this rule regulates organic food for all 

types of pets equally and does not 

present unique requirements for 

different categories of pets or specialty 

pets. Without any differences in labeling 

or composition requirements for 

different types of pets in this rule, AMS 

does not find it necessary to distinguish 

between types of pets and prefers to use 

a single and inclusive term (pet) for all 

types of pets. Importantly, this rule does 

not change a manufacturer’s obligations 

to comply with Federal or State 

requirements that may have different 

requirements for pet food and specialty 

pet food. AMS’s decision to use a broad 

and inclusive definition of pet in this 

rule ensures that the organic regulations 

are flexible to accommodate any other 

detailed Federal and State requirements 

for pet food and specific types of pets. 

(Comment) Some comments 

questioned AMS’s definition of pet food 

as a type of ‘‘commercial feed . . . for 

pet consumption.’’ These comments 

stated that standards for ‘‘food’’ 

products and ingredients are higher 

than standards for ‘‘feed’’ products and 

ingredients, with differences in quality 

and safety standards. They argued that 

defining pet food as a type of feed 

would confuse consumers about 

whether organic pet food was human 

grade. 

(Response) The final rule does not 

revise the definition of pet food, as we 

do not believe that the market expects 

the term pet food to mean a product 

meets human grade food standards. 

Therefore, we do not expect that the 

term will mislead consumers. For the 

purposes of the organic regulations, 

AMS finds that the broad and common 

term pet food is most appropriate. See 

additional discussion of comments 

related to human grade standards for pet 

food in section ‘‘§ 205.270 (Organic 

handling requirements)’’ below. 

§ 205.270 (Organic Handling 

Requirements) 

Description of Final Policy 

This final rule adds a new paragraph 

(d) to § 205.270—organic handling 

requirements—to describe requirements 

for the composition, processing, and 

labeling of organic pet food. New 

paragraph (d) specifies the types of 

processing aids and ingredients that are 

allowed in organic pet food. By 

including pet food as part of the organic 

handling requirements in § 205.270, and 

therefore clearly separating pet food 

standards from the livestock feed 

composition and labeling standards, the 

rule ensures that pet food is not subject 

to the prohibition on the use of 

slaughter by-products that exists for 

livestock feed. The rule allows slaughter 

by-products in pet food under the same 

composition and labeling requirements 

for other multi-ingredient products 

described at § 205.301(a) through (d) 

and (f). The term organic slaughter byproducts refers to the parts of organic 

animals that humans do not typically 

eat, such as offal, gristle, and bone. It 

does not refer to substandard animal 

products from diseased animals, 

uninspected animals, condemned 

animals, or animals deemed unfit for 

human consumption. 

The final rule (§ 205.270(d)) permits 

organic pet food, like other processed 

organic products regulated under 

§ 205.270, to contain nonorganic 

substances allowed by the National List 

in § 205.605 (such as taurine, as 

finalized by this rule) and § 205.606. 

These ingredients may be used in 

processed pet food products labeled as 

‘‘organic’’ or ‘‘made with organic 

(specified ingredients or food 

group(s)),’’ in accordance with 

§ 205.301(b) and (c), respectively. 

Additionally, the rule allows the feed 

additive vitamins and minerals in 

§ 205.603(d)(2) and (3) to also be used 

for enrichment or fortification of pet 

food. 

Paragraph 205.270(d) also clarifies 

that pet food with organic claims must 

be labeled pursuant to subpart D of the 

organic regulations. For instance, 

organic pet food must be labeled 

according to the product composition 

requirements at § 205.301(a) through (d) 

and (f). In addition, pet food may use 

the following labeling categories: (a) 

‘‘100 percent organic;’’ (b) ‘‘organic,’’ (c) 

‘‘made with organic (specified 

ingredients or food group(s));’’ or (d) 

products containing less than 70 percent 

organic ingredients (organic ingredients 

identified on the ingredient statement 

only). This action, in combination with 

the new definition for pet food, as 

distinct from livestock feed, allows the 

labeling of organic pet food using the 

same framework as multi-ingredient 

processed food products (rather than the 

requirements for livestock feed). The 

requirements for livestock feed 

composition (§ 205.301(e)) and livestock 

feed labeling (§ 205.306) do not apply to 

pet food. 

The changes to § 205.270 do not 

replace or modify requirements 

pertaining to pet food that are 

applicable under other Federal or State 

laws or regulations. This rule regulates 

only the organic claims on pet food. All 

other aspects of pet food formulation, 


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43FDA has recently announced that it would not 

renew its MOU with AAFCO and review its 

procedures for reviewing animal food ingredients. 

To assist with the transition, FDA has released two 

draft Guidance for Industry documents: 

FDA. (August 2024). ‘‘CVM GFI #293—FDA 

Enforcement Policy for AAFCO-Defined Animal 

Feed Ingredients.’’ https://www.fda.gov/regulatoryinformation/search-fda-guidance-documents/cvmgfi-293-fda-enforcement-policy-aafco-definedanimal-feed-ingredients. 

FDA. (August 2024). ‘‘CVM GFI #294—Animal 

Food Ingredient Consultation (AFIC).’’ https://

www.fda.gov/regulatory-information/search-fdaguidance-documents/cvm-gfi-294-animal-foodingredient-consultation-afic. 

production, labeling, and sale must 

follow the relevant Federal and State 

laws and regulations. 

Changes From Proposed to Final Rule 

Following analysis of public 

comments, AMS has not made any 

substantive changes to the proposed 

organic handling requirements in this 

final rule. The final rule adds pet food 

requirements at § 205.270(d) rather than 

§ 205.270(c), as proposed, to minimize 

impacts related to documents and 

policies that currently reference the 

requirements at § 205.270(c). The final 

rule also removes references to ‘‘the 

applicable portions of’’ Subpart D, as 

proposed, in favor of a clear and direct 

reference to Subpart D. AMS expects all 

operations, including pet food 

manufacturers, to comply with the 

applicable portions of Subpart D that are 

relevant to the product types and claims 

of the certified product. This rule 

clarifies that livestock feed composition 

and labeling are not applicable to pet 

food. 

Responses to Public Comment 

Below is a summary of comments 

received regarding organic pet food 

handling requirements and AMS’s 

responses. 

(Comment) Several thousand 

commenters, responding to a mass 

comment campaign initiated by an 

organic advocacy group, requested that 

AMS ensure that organic pet food, 

including any livestock products used 

as ingredients in pet food, meet ‘‘human 

grade’’ food standards. 

(Response) This final rule does not 

require the use of ‘‘human grade’’ 

standards for organic pet food or its 

ingredients. All organic livestock 

products are subject to the organic 

regulations, as well as other State and 

Federal regulations that may apply. 

AMS understands that other 

organizations, including AAFCO, have 

defined ‘‘human grade’’ and/or have 

recommended detailed guidelines for 

use of the ‘‘human grade’’ claim on pet 

food. For example, under the ‘‘human 

grade’’ guidelines recommended by 

AAFCO, each ingredient must be stored, 

handled, processed, and transported 

under human food laws and regulations, 

and facilities must be registered with 

the FDA as a human food and animal 

food facility, among other requirements. 

Adopting such standards in the final 

rule would go well beyond the scope of 

the proposed requirements. However, 

nothing in this rule prevents organic pet 

food operations from additionally 

making truthful ‘‘human grade’’ claims 

on organic pet food products. 

(Comment) The mass comment 

campaign noted above also requested 

that no fallen or condemned animals (or 

portions of animals) or animals that die 

by means other than slaughter be 

allowed in organic pet food. Some other 

individual commenters echoed these 

requests, requesting that AMS require 

USDA inspection of slaughtered animals 

or facilities slaughtering animals to 

ensure no condemned animals are used 

in pet food. 

(Response) AMS agrees with the 

commenters that organic pet food must 

not contain condemned, diseased, or 

otherwise unsanitary animal products, 

and the final rule should in no way be 

misconstrued to permit them. AMS has 

not revised the final rule to address 

these topics because AMS did not 

propose specific language on this topic 

and because other laws and regulations, 

including organic regulations, exist that 

address these issues. Under the current 

regulations, organic slaughter facilities 

must be certified organic and are subject 

to annual on-site inspections from their 

certifier. The organic regulations 

specifically prohibit seriously crippled 

and non-ambulatory animals from being 

sold or slaughtered as organic 

(§ 205.242(a)(2)). 

Additionally, organic regulations 

require that organic livestock be 

slaughtered in compliance with USDA 

Food Safety Inspection Service (FSIS) 

regulations, FSIS Directives, and other 

laws (§ 205.242(b) and (c)). The FSIS 

regulations (e.g., 9 CFR part 309 and 

part 314) include specific regulations 

related to handling condemned (e.g., 

diseased) animals/or animal parts. They 

also include regulations related to 

animals that have died other than by 

slaughter (i.e., dead animals) and 

diseased, dying, and disabled animals. 

Finally, AMS is not including a 

requirement for USDA inspection of 

slaughter plants associated with organic 

slaughter for pet food. Not all animals 

in the United States are slaughtered at 

USDA-inspected facilities. For example, 

some facilities are inspected by States 

only. Therefore, AMS is not including a 

requirement that slaughter facilities be 

USDA-inspected; however, organic 

facilities, including slaughter facilities, 

are still subject to annual on-site 

inspections by their organic certifier. 

(Comment) Several commenters asked 

for clarification about how vitamins and 

minerals listed in §§ 205.603(d)(2) and 

(3) should be reviewed for use in 

organic pet food. Commenters asked 

about whether AAFCO-approved 

vitamins and minerals would be 

allowed, and other questions related to 

the applicability of NOP Guidance 5030, 

‘‘Evaluating Allowed Ingredients and 

Sources of Vitamins and Minerals for 

Organic Livestock Feed’’. 

(Response) The final rule permits the 

vitamin and mineral feed additives 

referenced in § 205.603(d)(2) and (3), 

which include vitamins and minerals 

that are FDA approved. AMS defers to 

applicable FDA regulations and 

guidance in determining which specific 

substances are FDA approved.43 Section 

4.2.3 of NOP Guidance 5030, 

‘‘Evaluating Allowed Ingredients and 

Sources of Vitamins and Minerals for 

Organic Livestock Feed,’’ contains 

additional information to help 

determine whether certain vitamins or 

minerals are allowed under 

§ 205.603(d)(2) and (3). For the purpose 

of determining compliance for organic 

pet food, if the vitamin or mineral is 

allowed under § 205.603(d)(2) or (3), 

then it is also allowed for use in organic 

pet food. 

§ 205.605 (National List) 

Description of Final Policy 

The final rule modifies the National 

List to allow the use of synthetic taurine 

in pet food. The rule adds taurine to 

§ 205.605, which describes nonorganic 

nonagricultural substances allowed as 

ingredients in or on processed products 

labeled as ‘‘organic’’ or ‘‘made with 

organic (specified ingredients or food 

group(s)).’’ The amendment for taurine 

also specifies that taurine can be used 

only in pet food and not in other organic 

multi-ingredient products. 

This addition implements an NOSB 

recommendation to add taurine to the 

National List as an allowed substance 

for use exclusively in pet foods. AMS 

agrees with NOSB’s rationale and 

recommendation. As described above, 

taurine is essential for pet health and 

adequate taurine levels cannot always 

be achieved using organic agricultural 

ingredients alone. 

Changes From Proposed to Final Rule 

Following analysis of public 

comments, AMS has not made any 

changes to the proposed National List 

modifications (§ 205.605) in this final 

rule. 


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44USDA, NOP. How to File a Petition. https://

www.ams.usda.gov/rules-regulations/organic/ 

national-list/filing-petition#NLpetitionGuidelines. 

45U.S. SBA. (March 17, 2023). Table of size 

standards. https://www.sba.gov/document/supporttable-size-standards. 

46U.S. SBA. (March 17, 2023). Table of size 

standards. https://www.sba.gov/document/supporttable-size-standards. 

47The National Agricultural Statistics Service 

was unable to supply a precise tabulation of large 

organic operations due to disclosure concerns. AMS 

estimated the number of large mushroom operations 

and sales from large mushroom operations using the 

proportion of conventional mushroom operations 

by sales from the USDA’s 2022 Census of 

Agriculture, available here: https://

Continued 

Responses to Public Comment 

Below is a summary of comments 

received regarding organic pet food 

National List standards and AMS’s 

responses. 

(Comment) One commenter, a pet 

food trade association, argued that the 

rule should allow for the use of a 

broader range of amino acids in organic 

pet food, rather than allowing taurine 

only. They suggested replacing the 

proposed rule’s addition of taurine to 

the National List with the statement 

‘‘Amino acids, used for enrichment or 

fortification when FDA-approved for 

use only in pet food.’’ 

(Response) AMS understands the 

potential need for other amino acids in 

pet food production apart from taurine. 

However, taurine is a common synthetic 

additive in pet food that is vital 

nutrition for all cat breeds (and some 

dog breeds) and cannot be obtained in 

adequate amounts from pet food that 

does not include synthetic taurine. This 

decision follows NOSB’s 

recommendation to add only taurine to 

the National List. NOSB has not 

recommended other animo acids for use 

in organic pet food. Therefore, this rule 

only includes the addition of taurine to 

the National List. 

Individuals may petition to add other 

substances to the National List for use 

in organic pet food, following the 

National List Petition Guidelines.44

Because organic pet food must meet all 

applicable Federal and State laws and 

regulations, any person or organization 

petitioning to add a substance to the 

National List for use in organic pet food 

must ensure the use of that substance is 

consistent with applicable Federal and 

State laws and rules. Synthetic 

substances petitioned for use in pet food 

will be evaluated according to the 

existing criteria in OFPA (7 U.S.C. 6517 

and 6518) and the USDA organic 

regulations (7 CFR 205.600). 

(Comment) Some commenters 

claimed that it is not necessary to 

include taurine on the National List 

because it exists naturally in foods such 

as eggs, red algae, and meats. 

Additionally, some commenters asked if 

taurine should be allowed in all pet 

food or just cat food, because cats need 

additional taurine in food whereas dogs 

are able to physiologically synthesize 

taurine by consuming foods containing 

the amino acids cysteine and 

methionine. Other commenters 

requested that taurine should be 

included as an allowed substance 

specifically for cats and dogs, rather 

than for pets generally. 

(Response) In 2013, the NOSB 

Livestock Subcommittee proposed 

adding taurine to the National List as an 

allowed substance for use exclusively in 

pet foods to meet nutritional 

requirements for cats. After public 

comments argued that taurine can also 

be necessary for dogs’ nutrition, NOSB 

issued its final recommendation for 

taurine to be allowed in pet food 

generally. AMS agrees with NOSB’s 

rationale and recommendation on the 

basis that taurine is essential for pet 

health and that synthetic taurine must 

be added to pet food, in certain cases, 

to reach the levels that are necessary for 

pet health. 

Responses to Public Comment on 

Implementation Timeline 

AMS requested feedback about 

whether a one-year implementation 

period would be appropriate for the 

rule. Comments that are specifically 

related to the pet food standards 

implementation, and AMS’s responses 

to comments, are discussed below. 

(Comment) Some commenters stated 

that an extended implementation period 

is not necessary for the pet food portion 

of the rule, as the rule does not restrict 

operations compared to current 

practices. A commenter noted that 

certifiers already use the framework 

described in the proposed rule for the 

certification of pet food. Commenters 

noted that if the final rule adopted the 

proposed rule as-is, a one-year 

implementation timeline would be 

sufficient. 

(Response) AMS agrees that pet food 

operations will not need to make any 

major changes to comply with the final 

rule. In fact, by allowing the use of 

taurine (an amino acid) in organic pet 

food, the final rule is less restrictive 

than existing standards. However, AMS 

is providing a two-year implementation 

period for the final rule, including the 

pet food requirements, to allow 

operations and certifying agents time to 

understand the rule and update forms 

and inspection procedures to reflect the 

final rule. 

AMS notes that operations are not 

restricted from complying with the final 

rule prior to the compliance date. For 

example, pet food operations may use 

taurine in organic pet food starting on 

the effective date of the final rule. 

V. Regulatory Analyses 

Executive Orders 12866, 13563, 14094, 

and the Regulatory Flexibility Act 

This rule does not meet the criteria of 

a ‘‘significant regulatory action’’ under 

Executive Order 12866, as 

supplemented by Executive Order 

13563 and updated by Executive Order 

14094. Therefore, the Office of 

Management and Budget (OMB) has not 

reviewed this rule under those orders. 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) requires agencies to 

consider the economic impact of each 

rule on ‘‘small entities’’ and evaluate 

alternatives that would accomplish the 

objectives of the rule without unduly 

burdening small entities or erecting 

barriers that would restrict their ability 

to compete in the market. The purpose 

of the RFA is to fit regulatory actions to 

the scale of businesses subject to the 

action. Section 605(b) of the RFA allows 

an agency to certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities 

instead of preparing a regulatory 

flexibility analysis, provided that the 

agency sets forth the factual basis for 

such certification. AMS has concluded 

and hereby certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities; therefore, an analysis is not 

included. Below, AMS presents 

information about the industry and the 

possible effects of the rule on small 

entities to support this conclusion. 

The Small Business Administration 

(SBA) sets size criteria for each industry 

described in the North American 

Industry Classification System (NAICS) 

to delineate which operations qualify as 

small businesses. SBA’s size standards 

are expressed in terms of number of 

employees or annual receipts and 

indicate the maximum allowed for an 

entity to be considered small.45

Mushroom Producers. AMS has 

considered the economic impact of this 

rulemaking on small mushroom 

producers. At the time of this analysis, 

small organic mushroom producers 

were listed under NAICS code 111411 

(Mushroom Production) as grossing 

equal to or less than $4,500,000 per 

year.46 AMS estimates that out of 239 

domestic operations reporting sales of 

organic mushrooms, approximately 4 

operations exceed that threshold.47


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index.php. The same distribution is assumed to 

apply to organic mushroom operations. 48U.S. SBA. (March 17, 2023). Table of size 

standards. https://www.sba.gov/document/supporttable-size-standards. 

While most organic mushroom 

operations that would be affected by 

this rule are small entities, this rule only 

has the potential to impose minor costs 

on them related to paperwork burden 

(see ‘‘Paperwork Reduction Act’’ section 

below) and costs associated with 

sourcing organic spawn and substrate 

materials, when commercially available. 

AMS concludes that this rule will not 

have a significant economic impact on 

a substantial number of these small 

entities. 

Pet Food Operations. AMS has 

considered the economic impact of this 

rulemaking on small organic pet food 

producers. At the time of this analysis, 

small organic pet food producers were 

listed under NAICS code 311111 (Dog 

and Cat Food Manufacturing) as 

employing equal to or fewer than 1,250 

employees.48 AMS estimates that given 

the small size of the organic pet food 

market, most of the 29 domestic organic 

pet food operations are small entities. 

Pet food operations may incur small 

one-time paperwork costs (see 

‘‘Paperwork Reduction Act’’ section 

below), but the rule establishes 

standards for organic pet food handling 

that align with many existing industry 

practices. Additionally, the rule allows 

operations to use additional inputs (e.g., 

taurine) in organic pet food, which 

provides pet food operations more 

production options without additional 

costs. AMS concludes that this rule will 

not have a significant economic impact 

on a substantial number of these small 

entities. 

Certifying agents. This final rule also 

affects certifying agents that certify 

organic mushroom or pet food 

operations. At the time of this analysis, 

the SBA defined small agricultural 

service firms, which include certifying 

agents, as those having annual receipts 

equal to or less than $19,500,000 

(NAICS code 541990—All Other 

Professional, Scientific and Technical 

Services). There are currently 73 USDAaccredited certifying agents, and AMS 

believes most of these certifying agents 

are small entities. Certifying agents must 

already comply with existing 

regulations and already certify these 

operations. Certifying agents may incur 

minor one-time paperwork costs (see 

‘‘Paperwork Reduction Act’’ section 

below). However, this rule reduces the 

current burden of creating and 

maintaining certifier-level policies for 

the certification of organic mushroom 

production and organic pet food 

handling. AMS concludes that this rule 

will not have a significant economic 

impact on a substantial number of these 

small entities. 

Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations to avoid unduly 

burdening the court system. This rule 

complies with these requirements. This 

rule cannot be applied retroactively. 

Additionally, to prevent duplicative 

regulation, States and local jurisdictions 

are preempted under OFPA from 

creating accreditation programs for 

private persons or State officials who 

want to become certifying agents of 

organic farms or handling operations. A 

governing State official would have to 

apply to USDA to be accredited as a 

certifying agent, as described in OFPA 

(7 U.S.C. 6514(b)). States are also 

preempted under sections 6503 through 

6507 of OFPA from creating certification 

programs to certify organic farms or 

handling operations unless the State 

programs have been submitted to, and 

approved by, the Secretary as meeting 

the requirements of OFPA. 

Pursuant to section 6507(b)(2) of 

OFPA, a State organic certification 

program that has been approved by the 

Secretary may, under certain 

circumstances, contain additional 

requirements for the production and 

handling of agricultural products 

organically produced in the State and 

for the certification of organic farm and 

handling operations located within the 

State. Such additional requirements 

must (a) further the purposes of OFPA, 

(b) not be inconsistent with OFPA, (c) 

not be discriminatory toward 

agricultural commodities organically 

produced in other States, and (d) not be 

effective until approved by the 

Secretary. 

In addition, pursuant to section 

6519(c)(6) of OFPA, this rulemaking 

does not supersede or alter the authority 

of the Secretary under the Federal Meat 

Inspection Act (21 U.S.C. 601–624), the 

Poultry Products Inspection Act (21 

U.S.C. 451–471), or the Egg Products 

Inspection Act (21 U.S.C. 1031–1056), 

concerning meat, poultry, and egg 

products, respectively, nor any of the 

authorities of the Secretary of Health 

and Human Services under the Federal 

Food, Drug and Cosmetic Act (21 U.S.C. 

301–399i), nor the authority of the 

Administrator of the Environmental 

Protection Agency under the Federal 

Insecticide, Fungicide and Rodenticide 

Act (7 U.S.C. 136–136y). 

OFPA at 7 U.S.C. 6520 provides for 

the Secretary to establish an expedited 

administrative appeals procedure under 

which persons may appeal an action of 

the Secretary, the applicable governing 

State official, or a certifying agent under 

the statute that adversely affects such 

person or is inconsistent with the 

organic certification program 

established under OFPA. OFPA also 

provides that the U.S. District Court for 

the district in which a person is located 

has jurisdiction to review the 

Secretary’s decision. 

Executive Order 13132 

Executive Order 13132 mandates that 

Federal agencies consider how their 

policymaking and regulatory activities 

impact the policymaking discretion of 

States and local officials and how well 

such efforts conform to the principles of 

federalism defined in said order. This 

executive order pertains only to 

regulations with clear federalism 

implications. 

AMS has determined that this 

rulemaking conforms with the 

principles of federalism described in 

E.O. 13132. The rule does not impose 

substantial direct costs or effects on 

States, does not alter the relationship 

between States and the Federal 

government, and does not alter the 

distribution of powers and 

responsibilities among the various 

levels of government. States had the 

opportunity to comment on any 

potential federalism implications during 

the proposed rule’s comment period. No 

States provided public comment on the 

federalism implications of this rule. 

Therefore, AMS has concluded that this 

rulemaking does not have federalism 

implications. 

Executive Order 13175 

Executive Order 13175 requires 

Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments, or proposed legislation. 

Additionally, other policy statements or 

actions that have substantial direct 

effects on one or more Indian Tribes, the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes also 

require consultation. After consultation 

with the USDA Office of Tribal 

Relations, AMS determined that a Tribal 

consultation for this rulemaking was not 

necessary, as it was unlikely to impact 

Tribes. If a Tribe requests consultation 

in the future, AMS will work with the 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104389 

Office of Tribal Relations to ensure 

meaningful consultation is provided. 

Civil Rights Impact Analysis 

AMS has reviewed this rulemaking in 

accordance with the Departmental 

Regulation 4300–4, Civil Rights Impact 

Analysis, to address any major civil 

rights impacts the rule might have on 

minorities, women, and/or persons with 

disabilities. After a careful review of the 

rule’s intent and provisions, AMS 

determined there is no evidence that 

this final rule will have adverse civil 

rights impacts on organic producers 

identifying as minorities, women, and/ 

or persons with disabilities. 

Additionally, this final rule does not 

impose any requirements related to 

eligibility for benefits and services on 

protected classes, nor does the rule have 

the purpose or effect of treating classes 

of persons differently. 

Protected individuals have the same 

opportunity to participate in NOP as 

non-protected individuals. USDA 

organic regulations prohibit 

discrimination by certifying agents. 

Specifically, 7 CFR 205.501(d) of the 

current regulations for accreditation of 

certifying agents provides that ‘‘No 

private or governmental entity 

accredited as a certifying agent under 

this subpart shall exclude from 

participation in or deny the benefits of 

the National Organic Program to any 

person due to discrimination because of 

race, color, national origin, gender, 

religion, age, disability, political beliefs, 

sexual orientation, or marital or family 

status.’’ Paragraph 205.501(a)(2) requires 

certifying agents to ‘‘[d]emonstrate the 

ability to fully comply with the 

requirements for accreditation set forth 

in this subpart,’’ including the 

prohibition on discrimination. The 

granting of accreditation to certifying 

agents under § 205.506 requires the 

review of information submitted by the 

certifying agent and an on-site review of 

the certifying agent’s client operation. 

Further, if certification is denied, 

§ 205.405(d) requires that the certifying 

agent notify the applicant of their right 

to file an appeal to the AMS 

Administrator in accordance with 

§ 205.681. 

These regulations provide protections 

against discrimination, thereby 

permitting all producers, regardless of 

race, color, national origin, gender, 

religion, age, disability, political beliefs, 

sexual orientation, or marital or family 

status, who voluntarily choose to adhere 

to the rules and qualify, to be certified 

as meeting NOP requirements by an 

accredited certifying agent. This action 

in no way changes any of these 

protections against discrimination. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521) (PRA), AMS is requesting OMB 

approval for a new information 

collection totaling 2,371 hours for the 

reporting and recordkeeping 

requirements contained in this final 

rule. OMB previously approved 

information collection requests (ICR) 

associated with the NOP and assigned 

OMB control number 0581–0191. AMS 

intends to merge this new information 

collection, upon OMB approval, into the 

previously approved collection request 

(OMB control number 0581–0191). 

Below, AMS describes and estimates the 

annual burden (i.e., the amount of time 

and cost of labor) for entities to prepare 

and maintain information to participate 

in the voluntary labeling program. 

OFPA, as amended, provides authority 

for this action. 

Title: National Organic Program: 

Market Development for Mushrooms 

and Pet Food. 

OMB Control Number: 0581–0347. 

Expiration Date of Approval: Three 

years from OMB date of approval. 

Type of Request: New collection. 

Abstract 

Information collection is necessary to 

implement the reporting requirements 

for organic mushroom production and 

pet food handling under the USDA 

organic regulations (7 CFR 205.210 and 

205.270). This final rule establishes 

USDA organic requirements in the 

mushroom and pet food sectors to 

support consistent interpretation and 

remove regulatory uncertainty. By doing 

so, it supports the purposes of OFPA, 

namely, ‘‘to establish national 

standards’’ for products marketed as 

organic and ‘‘to assure consumers that 

organically produced products meet a 

consistent standard.’’ (7 U.S.C. 6501). 

Additional information on the purpose 

and need for this rule is included in the 

BACKGROUND section of this rule. 

Overview 

Information collection and 

recordkeeping will be required to 

demonstrate compliance with new 

provisions in § 205.210 and 

amendments to § 205.270 of the USDA 

organic regulations, 7 CFR part 205, that 

establish standards for mushroom 

production and pet food handling. 

These amendments will require onetime additional reporting for already 

certified pet food and mushroom 

operations, accredited certifying agents, 

and inspectors. Existing organic 

mushroom and pet food operations will 

need to read the rule and review their 

organic system plans (OSPs) for 

compliance. Certifiers will have to read 

the rule and review the updated plans, 

and certifiers and inspectors will 

require training on the new regulation. 

Additionally, the final rule adds 

allowances for nonorganic plant 

materials to be used in mushroom 

substrate when functionally equivalent 

organic materials are not commercially 

available. This allowance will require 

additional documentation for organic 

mushroom operations. AMS is 

estimating that organic mushroom 

operations will have annual reporting 

and recordkeeping paperwork burdens 

to utilize this exception. The estimates 

have been updated to reflect this 

change. 

Burden Estimates 

This burden estimate accounts for 

certified organic mushroom operations 

and certified organic pet food operations 

updating OSPs, mushroom operations 

verifying and keeping records of 

commercial availability exceptions for 

organic substrate, certifiers reviewing 

updated OSPs, and certifiers training 

inspectors to comply with the final rule. 

Number of Respondents: 519. 

Frequency of Response: One time only 

and annual (for mushroom operations). 

Annual Hour Burden: 2,371 total 

hours; 1,219 one-time hours; 1,152 

annual hours. 

The 519 respondents include 322 

certified organic operations (288 

mushroom operations and 34 pet food 

operations), 56 certifying agents, and 

141 inspectors. 

TABLE 3—TOTAL PAPERWORK BURDEN

Total reporting burden 

Total number 

of reporting 

respondents 

Total 

reporting 

hours—all 

Total 

recordkeeping 

hours—all 

Total all 

costs 

Summary of Tables 4, 5, & 6 ............................................................................ 519 1,795 576 $121,696.63 


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104390 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

49USDA. Organic Integrity Database. https://

organic.ams.usda.gov/IntegrityPlus/Search.aspx. To 

obtain the relevant data, search for ‘‘mushroom’’ 

and ‘‘pet, dog, canine, cat, feline’’ in the ‘‘Certified 

Products’’ field. Accessed August 27, 2024. 

50 Domestic hourly wage rates are based on the 

National Compensation Survey: Occupational 

Employment and Wages, May 2023, published by 

the Bureau of Labor Statistics. Bureau of Labor 

Statistics. ‘‘May 2023 National Occupational 

Employment and Wage Estimates.’’ https://

www.bls.gov/oes/current/oes_nat.htm. Accessed 

August 27, 2024. 

51 International wage rates are estimated based on 

the proportional average of World Bank GDP per 

capita rates for Organization for Economic CoOperation and Development (OECD) countries 

compared to the U.S. (72.2%). World Bank. ‘‘GDP 

per capita, PPP (current international $).’’ https:// 

data.worldbank.org/indicator/ 

NY.GDP.PCAP.PP.CD. Accessed August 27, 2024. 

52 Domestic benefit rates are based on data from 

Bureau of Labor Statistics News Release on 

Employer Costs for Employee Compensation. Wages 

account for 70.3% and Benefits account for 29.7% 

of total average employer compensation costs. 

Bureau of Labor Statistics. (June 18, 2024). 

‘‘Employer Costs for Employee Compensation 

Summary.’’ https://www.bls.gov/news.release/ 

ecec.nr0.htm. Accessed August 27, 2024. 

53 International benefit rates are based on an 

average tax wedge of OECD countries (34.9% of 

wage rates). OECD. ‘‘OECD comparative indicators.’’ 

https://stats.oecd.org/Index.aspx?

DataSetCode=AWCOMP. Accessed August 27, 

2024. 

Certified Organic Operations 

AMS estimates that 322 certified 

organic mushroom and organic pet food 

operations may need to update their 

OSPs to comply with the final rule.49

AMS estimates that each certified 

organic mushroom and pet food 

operation will require one response of 

two reporting hours to read the rule and 

update their OSPs. AMS estimates that 

each respondent will require no 

additional recordkeeping hours, as these 

operations already have and store OSPs. 

This results in a total one-time hour 

burden of 644 hours for certified organic 

mushroom and pet food operations 

across 322 responses. 

Because the rule allows organic 

mushroom operations to use nonorganic 

plant inputs in mushroom substrate if 

an organic input of a similar function is 

not commercially available, the 

operation must verify and record if 

organic inputs of similar function are 

not commercially available. AMS 

estimates that each operation will need 

to verify and document inputs 

approximately two times a year. Each 

verification will require one response of 

one reporting hour and one 

recordkeeping hour. This results in a 

total annual hour burden of 1,152 hours 

for certified organic mushroom 

operations across 576 responses. See 

table 4 below for a summary of these 

estimates for certified organic 

operations. 

TABLE 4—CERTIFIED ORGANIC OPERATIONS

Respondent categories Number of 

respondents 

Wage 50 51 + 

benefits 52 53

Total 

reporting 

hours 

Total 

recordkeeping 

hours 

Total costs 

USDA Certified Mushroom Producers & Pet Food Handlers—Domestic (One-time) ............................................... 268 $56.22 536 0 $30,134 

USDA Certified Mushroom Producers & Pet Food Handlers—Foreign (One-time) .................................................. 54 42.22 108 0 4,560 

USDA Certified Mushroom Producers—Domestic (Annual— 

Commercial Availability) ..................................................... 239 56.22 478 478 53,746 

USDA Certified Mushroom Producers—Foreign (Annual— 

Commercial Availability) ..................................................... 49 42.22 98 98 8,275 

USDA Organic Operations—All ...................................... 322 ............................ 1,220 576 96,715 

Certifying Agents 

AMS estimates that 56 certifying 

agents will need to review 322 OSPs 

from certified organic mushroom and 

pet food operations. 

AMS estimates that on average, 

certifying agents will require one 

response of one reporting hour to review 

OSPs for each organic mushroom and 

pet food operation they certify, resulting 

in a total of 322 hours over 322 

responses. Additionally, AMS estimates 

each certifying agent will require one 

response of two hours to read the rule 

and provide training to staff and 

inspectors on the new requirements. 

AMS estimates that these are one-time 

burdens and each respondent requires 

no additional reporting/recordkeeping 

hours as these operations already review 

and store OSPs (the burden to review 

and store these is captured under the 

existing ICR, OMB control number 

0581–0191). This results in a total onetime hour burden of 434 hours for 

certifying agents across 378 responses. 

See table 5 below for a summary of the 

estimates for certifying agents. 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104391 

54 Domestic hourly wage rates are based on the 

National Compensation Survey: Occupational 

Employment and Wages, May 2023, published by 

the Bureau of Labor Statistics. Bureau of Labor 

Statistics. ‘‘May 2023 National Occupational 

Employment and Wage Estimates.’’ https://

www.bls.gov/oes/current/oes_nat.htm. Accessed 

August 27, 2024. 

55 International wage rates are estimated based on 

the proportional average of World Bank GDP per 

capita rates for Organization for Economic CoOperation and Development (OECD) countries 

compared to the U.S. (72.2%). World Bank. ‘‘GDP 

per capita, PPP (current international $).’’ https:// 

data.worldbank.org/indicator/ 

NY.GDP.PCAP.PP.CD. Accessed August 27, 2024. 

56 Domestic benefit rates are based on data from 

Bureau of Labor Statistics News Release on 

Employer Costs for Employee Compensation. Wages 

account for 70.3% and Benefits account for 29.7% 

of total average employer compensation costs. 

Bureau of Labor Statistics. (June 18, 2024). 

‘‘Employer Costs for Employee Compensation 

Summary.’’ https://www.bls.gov/news.release/ 

ecec.nr0.htm. Accessed August 27, 2024. 

57 International benefit rates are based on an 

average tax wedge of OECD countries (34.9% of 

wage rates). OECD. ‘‘OECD comparative indicators.’’ 

https://stats.oecd.org/ 

Index.aspx?DataSetCode=AWCOMP. Accessed 

August 27, 2024. 

58Some certifiers may certify both pet food and 

mushroom operations but are counted as separate 

entities in this column. 

59This estimate is based on data from the 

International Organic Inspectors Association (IOIA) 

Membership Directory, available at https://

www.ioia.net/member-directory. Based on 

adjustments due to public comment (see 

‘‘Comments,’’ below), AMS estimates that half of 

inspectors are present in the IOIA Membership 

Directory and adjusts the number of inspectors 

receiving training proportionally by the percentage 

of certifiers certifying organic mushroom or pet 

food operations. 

60 Domestic hourly wage rates are based on the 

National Compensation Survey: Occupational 

Employment and Wages, May 2023, published by 

the Bureau of Labor Statistics. Bureau of Labor 

Statistics. ‘‘May 2023 National Occupational 

Employment and Wage Estimates.’’ https://

www.bls.gov/oes/current/oes_nat.htm. Accessed 

August 27, 2024. 

61 International wage rates are estimated based on 

the proportional average of World Bank GDP per 

capita rates for Organization for Economic CoOperation and Development (OECD) countries 

compared to the U.S. (72.2%). World Bank. ‘‘GDP 

per capita, PPP (current international $).’’ https:// 

data.worldbank.org/indicator/NY.GDP.PCAP.

PP.CD. Accessed August 27, 2024. 

62 Domestic benefit rates are based on data from 

Bureau of Labor Statistics News Release on 

Employer Costs for Employee Compensation. Wages 

account for 70.3% and Benefits account for 29.7% 

of total average employer compensation costs. 

Bureau of Labor Statistics. (June 18, 2024). 

‘‘Employer Costs for Employee Compensation 

Summary.’’ https://www.bls.gov/news.release/ 

ecec.nr0.htm. Accessed August 27, 2024. 

63 International benefit rates are based on an 

average tax wedge of OECD countries (34.9% of 

wage rates). OECD. ‘‘OECD comparative indicators.’’ 

https://stats.oecd.org/Index.aspx?DataSetCode=

AWCOMP. Accessed August 27, 2024. 

TABLE 5—CERTIFYING AGENTS

Respondent categories Number of 

respondents 

Wage 54 55 + 

benefits 56 57

Total 

reporting 

hours 

Total costs 

USDA U.S.-Based Certifiers—Mushrooms ......................................................... 32 $50.00 303 $15,150 

USDA Foreign-Based Certifiers—Mushrooms .................................................... 10 37.54 69 2,590 

USDA U.S.-Based Certifiers—Pet food ............................................................... 10 50.00 49 2,450 

USDA Foreign-Based Certifiers—Pet food ......................................................... 4 37.54 13 488 

USDA Certifiers—All ..................................................................................... 58 56 ............................ 434 20,678 

Inspectors 

AMS estimates that 141 organic 

inspectors will need to receive training 

on the final rule.59

AMS estimates that each organic 

inspector will require one response of 

one reporting hour to receive training on 

the final rule. AMS estimates that each 

respondent will require no additional 

recordkeeping hours. This results in a 

total annual hour burden of 141 hours 

for organic inspectors across 141 

responses. See table 6 below for a 

summary of these estimates for 

inspectors. 

TABLE 6—INSPECTORS

Respondent 

categories 

Number of 

respondents 

Wage 60 61 + 

benefits 62 63

Total 

reporting 

hours 

Total costs 

USDA U.S.-based Inspectors .............................................................................. 106 $32.53 106 $3,448 

USDA Foreign based Inspectors ......................................................................... 35 $24.43 35 855 

USDA Inspectors—All .................................................................................. 141 ............................ 141 4,303 

Comments 

AMS published a proposed rule and 

request for public comment in the 

Federal Register on March 11, 2024 (89 

FR 17322). The 60-day notice regarding 

paperwork impacts is embedded in the 

proposed rule and provides 

stakeholders an opportunity to comment 

on the accuracy of the information 

collection request. The 60-day comment 

period ended on May 10, 2024. AMS 

asked four specific information 

collection request questions in the 

proposed rule: 

1. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information would have practical 

utility. 

2. The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used. 

3. Ways to enhance the quality, 

utility, and clarity of the information to 

be collected. 

4. Ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

During the comment period, AMS 

received two comments (discussed 

below) that provided feedback on the 

initial paperwork burden of the rule. 

(Comment) A comment stated that the 

number of inspectors estimated by AMS 

in the proposed rule’s paperwork 

burden was too low because the 

directory of inspectors from the 

International Organic Inspectors 

Association does not include nonVerDate Sep<11>2014 16:08 Dec 20, 2024 Jkt 265001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1

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104392 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

members or members that do not wish 

to share their information. Additionally, 

the comment stated that the estimated 

wages were too low. 

(Response) AMS has adjusted the 

estimated number of total inspectors 

based on this comment. Absent specific 

data, we assume that the IOIA database 

contains half (50 percent) of all 

inspectors, changing our total number 

from 185 inspectors present in the IOIA 

database as of August 27, 2024, to 370 

inspectors. AMS acknowledges that 

without specific input this estimate may 

be imprecise. To further account for this 

adjustment and acknowledge that not all 

inspectors will inspect the 288 

mushroom or pet food facilities, AMS 

adjusted the percentage of inspectors 

impacted by the paperwork costs to be 

proportional to the percentage of 

certifiers that certify operations for 

mushroom production or pet food 

handling. 

AMS did not adjust the source for 

hourly wages in the burden estimates 

for the final rule. AMS acknowledges 

that costs may be higher for inspectors 

in some areas. However, without 

comprehensive data from another 

source, AMS believes that the Bureau of 

Labor Statistics estimates for wages 

remain the most accurate estimates for 

wages to use in burden estimates. 

(Comment) One comment argues the 

requirement in § 205.210(b) that 

mushroom operations manage substrate 

in such a way to avoid environmental 

contamination may be duplicative with 

§ 205.203(c), given that both would 

seem to apply to mushroom operations. 

On the other hand, another comment 

states that reiterating the requirement 

for mushroom operations is critical. 

(Response) Paragraph 205.210(b) 

specifically adds requirements that 

operations must prevent mushroom 

substrate and spawn media from 

contaminating crops, spawn, mushroom 

substrate, soil, or water. AMS 

acknowledges that this is similar to 

§ 205.203(c). However, the regulatory 

text at § 205.210(a) specifies the crop 

requirements applicable to organic 

mushroom production and specifically 

excludes § 205.203(c) to prevent 

duplicative requirements. AMS is not 

adjusting these requirements and finds 

them to be necessary and nonduplicative. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agricultural commodities, 

Agriculture, Animals, Archives and 

records, Fees, Imports, Labeling, 

Livestock, Organically produced 

products, Plants, Reporting and 

recordkeeping requirements, Seals and 

insignia, Soil conservation. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 205 as 

follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6524. 

■ 2. Amend § 205.2 by: 

■ a. Revising the definitions of 

‘‘Compost’’ and ‘‘Crop’’; 

■ b. Adding in alphabetical order 

definitions for ‘‘Mushroom’’, 

‘‘Mushroom Mycelium’’, ‘‘Mushroom 

spawn’’, ‘‘Mushroom spawn media’’, 

‘‘Mushroom substrate’’, ‘‘Pet’’, and ‘‘Pet 

food’’; and 

■ c. Revising the definition of ‘‘Wild 

crop’’. 

The revisions and additions read as 

follows: 

§ 205.2 Terms defined. 

* * * * * 

Compost. The product of a managed 

process through which microorganisms 

break down plant and animal materials 

into more available forms suitable for 

application to the soil or as a 

component of mushroom substrate. 

* * * * * 

Crop. Pastures, cover crops, green 

manure crops, catch crops, mushrooms, 

or any plant or part of a plant intended 

to be marketed as an agricultural 

product, fed to livestock, or used in the 

field to manage nutrients and soil 

fertility. 

* * * * * 

Mushroom. The fleshy, spore-bearing 

fruiting body of a fungus. 

Mushroom mycelium. A mass of 

branching, thread-like hyphae (fungal 

structures). 

Mushroom spawn. Mushroom spawn 

media colonized by mushroom 

mycelium that can be used to inoculate 

mushroom substrate. 

Mushroom spawn media. The base 

material, such as grain, wood materials, 

or minerals, used to make mushroom 

spawn. 

Mushroom substrate. The base 

material, such as grain, wood materials, 

composted materials, and/or other 

agricultural materials, on which 

mushroom production occurs. 

* * * * * 

Pet. Any domestic animal not used for 

the production and sale of food, fiber, or 

other agricultural-based consumer 

products. 

Pet food. Any commercial feed 

prepared and distributed for pet 

consumption. 

* * * * * 

Wild crop. Any mushroom, plant, or 

portion of a plant that is collected or 

harvested from a site that is not 

maintained under cultivation or other 

agricultural management. 

* * * * * 

■ 3. Add § 205.210 to read as follows: 

§ 205.210 Mushroom production practice 

standard. 

(a) The producer must manage 

mushroom production in accordance 

with the provisions of §§ 205.200, 

205.201, 205.202 as applicable, 

205.203(e), and 205.206(a)(2) and (3) 

and (b) through (f). The producer may 

manage crop nutrients for mushroom 

production in accordance with the 

provisions of § 205.203(d). 

(b) The producer must manage 

mushroom substrate and mushroom 

spawn media, including spent 

mushroom substrate and mushroom 

spawn media, in a manner that does not 

contribute to contamination of crops, 

mushroom spawn, mushroom substrate, 

soil, or water by pathogenic organisms, 

heavy metals, or residues of prohibited 

substances. 

(c) Mushroom substrate may be 

composed of the following materials in 

accordance with the conditions 

specified in this paragraph: 

(1) Composted plant and animal 

materials. Compost used in mushroom 

substrate must be described in the 

organic system plan. It must be 

produced through a process that 

maintains a temperature of at least 

131 °F for at least three days; 

(2) Uncomposted plant materials. 

Uncomposted plant materials must be 

organically produced: Except, that, 

nonorganically produced uncomposted 

plant materials may be used when a 

functionally equivalent organically 

produced material is not commercially 

available. Prohibited substances must 

not be applied to nonorganically 

produced uncomposted plant materials 

after harvest. Operations that use 

nonorganically produced uncomposted 

plant materials in mushroom substrate 

(except for wood materials allowed 

under paragraph (c)(3) of this section) 

must describe in the organic system 

plan: 

(i) The procedures used to search for 

organic materials and the records kept 

to document searches; 

(ii) The criteria used to evaluate if 

functionally equivalent organic 

materials are commercially available; 

and 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104393 

(iii) The recordkeeping system used to 

document purchases of nonorganic 

materials, including a summary of the 

type(s) and total amount of each 

nonorganic material used in mushroom 

substrate. 

(3) Wood chips, sawdust, logs, or 

other materials derived from wood that 

have not been treated with a prohibited 

substance after harvest; 

(4) Nonsynthetic substances, except 

those on the National List of 

nonsynthetic substances prohibited for 

use in organic crop production 

(§ 205.602); and 

(5) Synthetic substances on the 

National List of synthetic substances 

allowed for use in organic crop 

production (§ 205.601). 

(d) Mushroom spawn must be organic: 

Except, that, nonorganic mushroom 

spawn may be used to produce an 

organic crop when an equivalent 

organic mushroom spawn is not 

commercially available. 

(1) Organic mushroom spawn 

requirements. 

(i) Agricultural materials used as 

mushroom spawn media must be 

organic: Except, that, nonorganic wood 

materials in compliance with paragraph 

(c)(3) of this section are allowed. 

(ii) Mushroom spawn media may 

contain materials allowed in mushroom 

substrate at paragraphs (c)(1), (4), and 

(5) of this section. 

(iii) Organic mushroom spawn must 

be under continuous organic 

management after the mycelium is 

applied to the mushroom spawn media. 

(2) Organic mushroom operations that 

produce their own mushroom spawn for 

their own organic mushroom 

production must use organic 

agricultural materials for mushroom 

spawn media, unless a functionally 

equivalent organic agricultural material 

is not commercially available: Except 

that, wood materials in compliance with 

paragraph (c)(3) of this section are 

allowed. 

■ 4. Amend § 205.270 by adding 

paragraph (d) to read as follows: 

§ 205.270 Organic handling requirements. 

* * * * * 

(d) In addition to the substances 

described in paragraph (b) of this 

section, substances allowed under 

§ 205.603(d)(2) and (3) may be used in 

or on pet food intended to be sold, 

labeled, or represented as ‘‘organic’’ or 

‘‘made with organic (specified 

ingredients or food group(s)),’’ pursuant 

to § 205.301(b) and (c). Pet food must be 

labeled pursuant to subpart D of this 

part. 

■ 5. Amend § 205.601 by revising 

paragraphs (i) introductory text and (j) 

introductory text to read as follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(i) As crop disease control. 

* * * * * 

(j) As crop or soil amendments. 

* * * * * 

■ 6. Amend § 205.605 by redesignating 

paragraphs (b)(36) and (37) as 

paragraphs (b)(37) and (38), respectively 

and adding new paragraph (b)(36) to 

read as follows: 

§ 205.605 Nonagricultural (nonorganic) 

substances allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ or 

‘‘made with organic (specified ingredients 

or food group(s)).’’ 

* * * * * 

(b) * * * 

(36) Taurine—for use only in pet food. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–30211 Filed 12–20–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 247, 250, 251, 253, and 254 

[FNS–2023–0026] 

RIN 0584–AE92 

Food Distribution Programs: 

Improving Access and Parity 

AGENCY: Food and Nutrition Service 

(FNS), U.S. Department of Agriculture 

(USDA). 

ACTION: Final rule; correction. 

SUMMARY: The Food and Nutrition 

Service is correcting a final rule that 

appeared in the Federal Register on 

October 31, 2024. The document makes 

access and parity improvements in 

USDA’s food distribution programs to 

support access for eligible populations 

and streamline requirements for 

program operators. 

DATES: Effective December 30. 2024. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Walton, Program Analyst, Food 

Distribution Policy Branch, 

Supplemental Nutrition and Safety 

Programs, U.S. Department of 

Agriculture’s Food and Nutrition 

Service, 1320 Braddock Place, 3rd Floor, 

Alexandria, Virginia 22314 at 703–305– 

2746 or Gregory.Walton@usda.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2024–24966 appearing on page 87228 in 

the Federal Register of Thursday, 

October 31, 2024, the following 

corrections are made: 

■ 1. § 247.5 [Corrected] 

On page 87244, in the third column, 

in amendatory instruction 4, correct 

paragraphs (b)(15) through (17) to read 

as follows: 

(b) * * * 

(15) Ensuring that program 

participation does not exceed the State 

agency’s caseload allocation on an 

average monthly basis; 

(16) Making publicly available a list of 

all CSFP local agencies on a publicly 

available internet web page. The State 

agency must post the name, address, 

and telephone number for each local 

agency. The list must be updated, at a 

minimum, on an annual basis; and 

(17) Posting the State Plan that is 

currently in use on a publicly available 

internet web page. 

* * * * * 

■ 2. § 247.9 [Corrected] 

■ i. On page 87245, in the first and 

second columns, in amendatory 

instruction 9 correct paragraphs (b)(1) 

and (d)(3)(xxiv) to read as follows: 

(b) * * * 

(1) The State agency may accept as 

income-eligible for CSFP benefits any 

applicant that documents that they are 

certified as fully eligible for the 

following Federal programs: the 

Supplemental Nutrition Assistance 

Program, the Food Distribution Program 

on Indian Reservations, Supplemental 

Security Income (SSI), the Low Income 

Subsidy Program, or the Medicare 

Savings Programs. 

* * * * * 

(d) * * * 

(3) * * * 

(xxix) Payments to the Assiniboine 

Tribe of the Fort Belknap Indian 

community and the Assiniboine Tribe of 

the Fort Peck Indian Reservation 

(Montana) (Pub. L. 98–124, sec. 5); 

* * * * * 

■ 3. § 251.4 [Corrected] 

On page 87250, in the first column, 

instruction 26 for § 251.4, correct 

instruction 26.f. to read as follows: 

f. Removing the term ‘‘donated 

commodities’’ wherever it appears in 

paragraph (g) and adding in its place the 

term ‘‘USDA Foods’’; 

■ 4. § 253.2 [Corrected] 

On page 87254, in the first and second 

columns, in amendatory 36, correct the 

definitions of ‘‘Indian Tribal 

Organization (ITO) and ‘‘State agency’’ 

to read as follows: 

* * * * * 


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