This resource helps organic, transitioning, and organic curious farmers understand the NOSB process, current farmer topics of note, and how to weigh in with comments.
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13268, 13268, Organic Voice – June 2024 – NOSB, Organic-Voice-June-2024-NOSB.pdf, 8732395, https://cms.organictransition.org/wp-content/uploads/2024/07/Organic-Voice-June-2024-NOSB.pdf, https://cms.organictransition.org/resource/enforcement-on-imports-compost-regulations-and-sunset-materials/organic-voice-june-2024-nosb/, , 14, , , organic-voice-june-2024-nosb, inherit, 13267, 2024-07-08 16:28:01, 2024-07-08 16:28:01, 0, application/pdf, application, pdf, https://cms.organictransition.org/wp-includes/images/media/document.png
By Harriet Behar
The National Organic Standards Board
(NOSB) met April 29-May 1 in
Milwaukee, Wisconsin to discuss
materials that will be voted upon this
fall to remain or be removed from the
National List, as well as other items on
their work agenda. Dr. Jenny Tucker,
Deputy Administrator of the National
Organic Program (NOP), gave a
comprehensive review of the roll-out
of the Strengthening Organic
Enforcement (SOE) rule, and specific
details relating to oversight of
imported organic products.
The current NOSB consists of four producers from
Nebraska, Montana, Florida, and California; two
handlers from California and Colorado; one retailer
from California; three environmentalists from
Alabama, Washington, and California; three public
interest seats from California and two from New York;
one certification agency from Pennsylvania; and one
scientist from Tennessee. The board is chaired by Kyla
Smith, the certifier from Pennsylvania.
This meeting was the first one in four years to include
in-person oral comments in addition to the two days
of virtual public comment via Zoom the week before
the meeting. The NOSB’s overall message encouraged
the organic community to stay engaged with the
process of decision making on new rules, as well as to
continue to bring the NOSB diverse perspectives to
help them achieve common goals and find
comprehensive solutions.
STRENGTHENING ENFORCEMENT
Dr. Tucker discussed the challenges and successes of
implementing the new SOE enforcement rule, with
over 1,800 new entities certified as organic to oversee
more handlers in the supply chain, and there are still
more in process. Over 21,000 import certificates were
issued, with 12,000 not yet arriving to our shores, since
implementation in early March 2024. Tucker stated
she has heard from brokers who have rejected
purchase of some commodities because the newly
required import certificates were not issued by the
certification agency—illustrating that this new rule is
working to keep out the most problematic shipments.
There’s an overwhelming amount of information that
accompanies the import certificates due to the
amount of data required in order for the certifier to
issue the import certificate, as well as the volume of
certificates issued. The NOP hopes to be able to
categorize this information to advise future activities.
Overall, the NOP was pleased with how well the
organic integrity database is functioning in allowing
certifiers to verify organic production and issue
certificates so far. The NOP has also started a pilot
project with the Federal Grain Inspection Service
(FGIS) to conduct residue testing on NOP-designated
high-risk import loads of organic grains to ensure
organic integrity and a fair domestic marketplace.
Randy Romanski is the Wisconsin Secretary of
Agriculture, Trade, and Consumer Protection
What is the NOSB?
The National Organic Standards Board (NOSB) is a
Federal Advisory Board to the USDA National Organic
Program (NOP). The NOSB was established by the
1990 law, Organic Foods Production Act (OFPA), to
represent the organic community in the public-private
partnership between the USDA NOP and organic
community.
The NOSB consists of 15 public volunteers with
designated seats representing the diversity of the
organic community. Four seats are reserved for
organic farmers.
The NOSB has been meeting since 1992 and helped
develop the framework for the National Organic
Standards and National Organic Program at USDA.
The NOSB considers and makes recommendations on
a wide range of issues involving the production,
handling, and processing of organic products. The
NOSB has statutory powers over the National List of
Allowed and Prohibited Substances.
Each NOSB member is appointed by the U.S. Secretary
of Agriculture for a term of one to five years. USDA
publishes a call for nominations each Spring, and
newly appointed members begin service in January of
the next year.
The NOSB meets twice a year at a public meeting,
typically in April and October, to discuss the items on
its work agenda, vote on proposals, and make
recommendations to the Secretary. These meetings
invite public input via submitted written comments
and virtual and in-person oral comments. All meetings
are free and open to the public and streamed live
online.
If an NOSB proposal receives a decisive vote (a twothirds majority) by Board members in favor of the
proposed motion, it becomes a recommendation to
the USDA Secretary and the NOP.
Want to get involved before the
fall NOSB meeting?
Join OFA’s NOSB Farmer Workgroup to work with
others to form comments for the board and
prepare to share comments. Learn more and fill
out an interest form.
Sandy Syburg, White Oak Farms sharing comments in Milwaukee
ORGANIC IMPORT TESTING
Testing of imported grains was another issue brought
up during public comment from farmers, brokers, and
processors. The Organic Farmers Association asked
the NOP to expand the import testing pilot program
now in place at a few ports of entry to all incoming
organic grains as soon as possible. With much of the
current “organic” imported grains coming from
countries with questionable organic and supply-chain
oversight and production capabilities, it was clear to
many that organic certifiers and the NOP have many
risky shipments to review and verify as truly organic.
OFA members requested that not only overseas
shipments be reviewed, but also those coming in via
railcar and truck overland from Canada and Mexico, as
some of these loads came by boat from overseas
originally.
SMALL & MID-SIZE FARMERS
SHOULD NOT FEEL BURDEN
In numerous public comments from farmers, it
became clear that some organic certifiers were adding
significant recordkeeping burdens on small and midsize farmers to do extra paperwork or tracking to meet
the new enforcement rules.
The NOP made it clear that they will be overseeing the
certifiers during their yearly accreditation audits and
specifically addressing this issue. Farmers should not
be over-burdened and the NOP wants to hear from
farmers in order to direct certifiers to change any
problematic oversight activities.
If you have experienced undue burden from
SOE implementation, we want to hear from
you! Please call the Organic Farmer Helpline:
833-724-3843.
REQUIRING ORGANIC SEED
The Organic Seed Alliance and others expressed
concern over the stagnant sales of organic seeds,
while the organic seed breeders and growers are
providing more varieties and volume to organic
growers. With the introduction of new gene-edited
seeds (prohibited under organic rules) into the
marketplace without clear labeling, there is great
concern that organic crops will be grown from these
gene-edited seeds unless growers plant certified
organic seeds.
This would put the grower at risk of having their organic
certification lost on that crop, as well as less trust in the
organic label by consumers. In Europe, each country
has a list of what seeds are currently available as
organic and growers must grow those organic varieties.
The NOP showed resistance to this type of mandate.
COMPOST
The NOSB asked a panel of experts to discuss the
composting requirements in the existing organic
regulation, and whether the current requirements for
time and temperature should be modified, as well as
changing the allowed compost feedstocks to include
“compostable” plastics. These synthetics are not
currently allowed. A new law in California requiring
municipal landfills to set up systems to compost food
waste is the impetus for reviewing these new
materials for inclusion in organic. There were
questions on whether or not the compostable plastic
forks, bowls, cups, and other materials are fully
compostable, as well as whether or not they contain
nano and micro-plastics or PFAS contaminants.
Correctly identifying whether or not a plastic cup is
compostable is another issue once it is already
incorporated into the waste stream. Discussion also
addressed the small fruit and vegetable stickers,
reviewing current research within the USDA to
develop a fully biodegradable type of sticker and
adhesive. OFA’s comments stated that the risk of
contamination from the compost proposal is too great
and that the current compost definition, which does
not allow these synthetics, should not be changed.
SUNSET MATERIAL REVIEW
There were no sunset materials that appeared to be
headed for removal. In livestock, the NOSB is
considering adding an annotation to the use of iodine
to not allow NPEs (Nonylphenol Ethoxylates),
surfactants which are toxic to aquatic organisms and
are endocrine disruptors. Livestock materials reviewed
included moxidectin, fenbendazole, DL methionine and
vitamins, and minerals. Numerous dairy processors
have petitioned to include the pain reliever Meloxicam,
which will be reviewed at the fall meeting for addition
to the National List.
In crops, the NOSB is working towards updating the
way that inerts are reviewed and approved for organic
use in pesticide formulations. Pheromones, ferric
phosphate, horticultural oils, hydrogen peroxide, and
ammonium soaps were among the sunset materials
reviewed with no issues. The NOSB discussed at length
the use of hydrogen chloride in the delinting of organic
cotton seed, and whether or not this material is
necessary.
In handling, the petition to allow nonorganic rye pollen
extract, due to the lack of commercial availability of an
organic source, was defeated unanimously, as well as
the petition to allow Magnesium Carbonate as an anticaking agent for chicory powder due to the availability
of alternatives.
The allowance for nonorganic celery powder for use in
processed meats was discussed, and at this time, the
research for producing organic celery powder with the
same functionality of preserving meats is not yet
completed. Dr. Erin Silva, University of Wisconsin, stated
that there was some promise in growing organic swiss
chard for this use.
In the certification subcommittee, there was discussion
on mandating residue testing on imported organic
commodities, improving crop insurance for organic
producers, and removing constraints to increasing the
capacity of the organic food system. These issues are
expected to be presented as final proposals for a vote at
the next NOSB meeting on October 22-24 in Portland,
Oregon.
GET INVOLVED
The NOSB process is unique to organic agriculture.
No other part of the food system has such a built-in,
democratic process and series of feedback loops. In
order for the process to work for us, we have to
participate. The next NOSB meeting will take place in
Portland, Oregon this fall, but the work preparing for
that meeting is ongoing!
There are several ways you can get involved:
Serve on a Farmer Panel at the NOSB Meeting
Are you an organic farmer in the Pacific
Northwest? Would you be interested in sharing
your experiences on a farmer panel at the
National Organic Coalition’s Pre-NOSB meeting?
We will be working to organize panelists for that
meeting between now and the fall, and we’d love
to hear from you. If you’re interested, please
contact julia@organicfarmersassociation.org.
Serve on the NOSB
Each National Organic Standards Board meeting
addresses important issues for the organic
community, with stakeholders represented
through the various members, as well as being
informed by public comment. Five seats are open
for the National Organic Standards Board. If you
are interested in serving, please let us know! The
OFA Farmer Services Team can give you more
information and support your application process,
or you can submit an application online.
Help Prepare OFA’s Comments in the
NOSB Workgroup
OFA launched its first NOSB working group ahead
of this spring meeting. A small, but mighty group
of farmer members reviewed materials and
proposals, and their feedback formed the
foundation of OFA’s comments.
Six farmer members also commented to the NOSB
representing OFA’s NOSB Workgroup and Crop
Insurance Workgroup. It was a great showing and
farmer input at the meetings helps keep
discussion grounded in the daily realities of
organic farming.
We will have an NOSB Workgroup ahead of the fall
meeting with work beginning in August and
September. Join us in this group to help shape the
future of the organic standards and ensure that
farmer voices are at the center of the discussion.
Please contact Julia Barton to get involved!
Harriet Behar is OFA’s Farmer Services
Consultant, and is a founding member of
OFA. She has been involved with federal,
state, and local policy advocacy for over
30 years. She runs organic Sweet Springs
Farm in Gays Mills, Wisconsin.