Notice2022-02429
National Organic Program; Notice of Public Listening Session With Request for Comment
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Published
February 7, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The U.S Department of Agriculture (USDA), Agricultural Marketing Service (AMS), National Organic Program (NOP), is announcing a public listening session, with request for comment, regarding upcoming standards development activities, including feedback about specific recommendations received from the National Organic Standards Board (NOSB). AMS intends to use the information received from public comments to prioritize future rulemaking and standards development activities. This Notice also includes a summary of NOP rulemaking currently in progress, for which the NOP is not accepting comments.
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[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6839-6842]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02429]
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Notices
Federal Register
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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 /
Notices
[[Page 6839]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-21-85]
National Organic Program; Notice of Public Listening Session With
Request for Comment
AGENCY: Agricultural Marketing Service.
ACTION: Notice of public meeting.
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SUMMARY: The U.S Department of Agriculture (USDA), Agricultural
Marketing Service (AMS), National Organic Program (NOP), is announcing
a public listening session, with request for comment, regarding
upcoming standards development activities, including feedback about
specific recommendations received from the National Organic Standards
Board (NOSB). AMS intends to use the information received from public
comments to prioritize future rulemaking and standards development
activities. This Notice also includes a summary of NOP rulemaking
currently in progress, for which the NOP is not accepting comments.
DATES: AMS will host a virtual meeting on March 21, 2022, from 1:00
p.m. to approximately 3:00 p.m. Eastern Time (ET). The deadline to sign
up to make oral comments during the meeting is February 28, 2022. The
deadline to submit written comments is March 30, 2022.
ADDRESSES: The virtual meeting can be accessed via the internet and/or
phone. Access information will be available on the AMS website prior to
each event. Detailed information can be found at <a href="https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session">https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session</a>.
FOR FURTHER INFORMATION CONTACT: Erin Healy, Director, Standards
Division, National Organic Program, Telephone: (202) 617-4942; Email:
<a href="/cdn-cgi/l/email-protection#abced9c2c585c3cecac7d2ebded8cfca85ccc4dd"><span class="__cf_email__" data-cfemail="0267706b6c2c6a67636e7b42777166632c656d74">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Executive Summary
This Notice seeks input from stakeholders on upcoming standards
development activities by AMS NOP, including feedback about specific
recommendations from the NOSB. The NOP's mission is to protect the
integrity of USDA organic products and the organic seal and to develop
and grow the organic market by supporting organic farms, businesses,
and those exploring the organic market. NOP develops the market and
protects organic integrity by establishing clear standards that create
a level playing field, providing oversight of third-party certifying
agents, and enforcing the regulations. The NOSB is a Federal advisory
committee established by the Organic Foods Production Act (OFPA). The
NOSB's mission is ``to assist in the development of standards for
substances to be used in organic production and to advise the Secretary
on any other aspects of the implementation of [OFPA].'' (7 U.S.C.
6518(a))
The USDA is committed to transparently sharing the status,
priorities, decision criteria, and current positions on NOSB
recommendations. As such, in response to stakeholder interest in
organic standards development and in the status of outstanding NOSB
recommendations, AMS is hosting a listening session with request for
public comment. AMS intends to use information received from public
comments to guide the prioritization of organic standards development.
Stakeholders that may be affected by future actions on this topic
includes certified organic operations, certifying agents, operations
transitioning (or seeking to transition) to organic, consumers, and
other interested parties.
The listening session will be recorded, and a transcript will be
posted following the session on the NOP website at <a href="https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session">https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session</a>.
Oral Comments: Individuals that want to present oral comments
during the virtual listening session must pre-register by 11:59 p.m.
ET, February 28, 2022. Each commenter will be allotted one 3-minute
speaking slot during the virtual listening session. Instructions for
registering to present oral comments can be found at <a href="https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session">https://www.ams.usda.gov/event/national-organic-program-priorities-listening-session</a>.
Written Comments: Interested persons are invited to submit written
comments on NOP rulemaking priorities and development activities.
Written comments must be submitted on or before March 30, 2022, via
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. All written comments should reference the
document number and the date and page number of this issue of the
Federal Register. All comments submitted in response to this Notice
will be included in the record and the identity of the individuals or
entities submitting the comments will be made public on the internet at
the address provided above. AMS, Specialty Crops Program, strongly
prefers that comments be submitted electronically. However, written
comments may also be submitted (i.e., postmarked) via mail to the
person listed in the FOR FURTHER INFORMATION CONTACT section by or
before the deadline.
Meeting Accommodations: If you are a person requiring a reasonable
accommodation, please make requests in advance for sign language
interpretation or other reasonable accommodation to the person listed
under FOR FURTHER INFORMATION CONTACT. Determinations for a reasonable
accommodation will be made on a case-by-case basis.
Background
The NOP's mission is to protect the integrity of USDA organic
products and the organic seal. AMS protects organic integrity by
establishing clear standards that create a level playing field and then
enforcing those standards. AMS also develops and grows the organic
market by supporting organic farms and businesses and those exploring
the organic market. The program also oversees third-party certifying
agents in their implementation of the organic standards with organic
operations and develops training to support standards implementation
and oversight.
AMS also supports the work of the NOSB, an Advisory Board with a
mission to assist USDA in the development of standards for substances
used in organic production and to advise the Secretary on other aspects
of implementation of OFPA. The NOSB has specific statutory authorities
with respect to the National List, found in the OFPA and the USDA
organic
[[Page 6840]]
regulations. The Board's activities include analyzing petitions,
Technical Reports, and other documents to make recommendations for
certain materials to be included in or excluded from the National List.
Beyond its National List responsibilities, the Board also has and
exercises authority to make recommendations on other topics related to
organic agriculture and food production, including new standards,
clarification of existing standards, or the role of organic in broader
policy issues such as climate-smart agriculture or creating a more
resilient and equitable agriculture system. Some of these work agenda
topics are AMS-initiated (import oversight, human capital); others are
proposed by NOSB members and approved by AMS. NOP and NOSB members
collaborate to develop work plan items and meeting agendas.
For all of its work, the Board develops and reviews discussion
papers and proposals, and also considers stakeholder input through oral
and written comment. If a NOSB proposal passes with a ``decisive vote''
(\2/3\ of the vote), it becomes a recommendation to the USDA for
consideration. An NOSB recommendation is not USDA policy. USDA reviews
the recommendation to determine whether to advance it through the
standards development process.
The NOSB and the NOP both operate under the authority of the OFPA,
and standards developed by the program must align with OFPA provisions.
In addition to the OFPA, the NOSB is also governed by the Federal
Advisory Committee Act (FACA). The NOP establishes standards, including
conducting rulemaking and developing policies, in accordance with the
Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., and the
Office of Management and Budget (OMB) rules and policies. The NOSB and
NOP evaluate policy using overlapping, but distinct regulatory
criteria. For example, where the NOSB focuses on the OFPA criteria and
stakeholder input to develop its proposals and recommendations, the NOP
must also consider other factors including the regulatory impact,
including costs and benefits, to regulated entities.
As of October 2021, the NOSB has made 678 recommendations to USDA
AMS related to organic production and substances since the NOSB was
first chartered in 1992. USDA AMS has reviewed and implemented 87
percent (592) of the Board's total recommendations and 80 percent of
the NOSB's recommendations specific to practice (non-materials-related)
standards. Not all recommendations have required rulemaking; AMS has
implemented many NOSB recommendations through guidance, instructions
and letters to certifiers, training, and policy statements.
AMS NOP Current Rulemaking Priorities
AMS has a number of rulemaking priorities in progress. This section
summarizes these rules; however, AMS is not accepting comments on these
rules in this listening session. Rather, they are included here to
provide the status of ongoing regulatory priorities. AMS will be
accepting comments on these four rules once they are published in the
Federal Register.
Strengthening Organic Enforcement (SOE) Final Rule
In August 2020, AMS published the Strengthening Organic Enforcement
(SOE) proposed rule to strengthen the oversight and enforcement of
organic control systems. This was needed to respond to the increasing
complexity of organic supply chains and market growth. The proposed
rule includes provisions related to handler certifications, import
certificates, and certifier oversight. The proposed rule would
implement the requirements from the 2018 Farm Bill, other provisions
informed by program experience, and several recommendations from the
NOSB, including:
<bullet> Calculating Percentage Organic in Multi-ingredient
Products (April 2013);
<bullet> Establishing Criteria for Certification of Grower Groups
(October 2002);
<bullet> Certifying Operations with Multiple Production Units,
Sites and Facilities Under the National Organic Program (November
2008);
<bullet> Clarifying the Limitations of Uncertified Handlers under
Sec. 205.101(b) (October 2010);
<bullet> Strengthening Inspector Qualifications and Training (May
2018);
<bullet> Publishing Guidance on Unannounced Inspections (December
2011);
<bullet> Information on Certificates of Organic Operation (March
2005);
<bullet> Using Expiration Dates on Certificates of Organic
Operation (November 2006); and
<bullet> Standardized Certificates (November 2007).
AMS has written the SOE final rule and it is under review. We
expect the final rule to be published in 2022.
Origin of Livestock (OOL) Final Rule
In 2015, the NOP published the Origin of Livestock (OOL) proposed
rule to clarify requirements for the transition of dairy animals into
organic production. The OOL rulemaking is to implement previous NOSB
recommendations. The final rule has been written and, as of December
2021, was under review at the Office of Management and Budget (OMB).
Organic Livestock and Poultry Standards (OLPS)
The Organic Livestock and Poultry Practices (OLPP) final rule was
originally published under Secretary Vilsack in 2017 and withdrawn
under Secretary Perdue in 2018. A new proposed rule--Organic Livestock
and Poultry Standards (OLPS)--has been written and, as of December
2021, was under review at OMB.
Inert Ingredients in Pesticides for Organic Production
Materials and ingredients that support organic crop and livestock
production and organic processors are vital for the day-to-day work of
organic farms and businesses. In addition to periodic rules and notices
(2-6 per year) to maintain and change the National List to respond to
NOSB recommendations, AMS is finalizing an Advanced Notice of Proposed
Rulemaking to address the use in organic production of ``inert''
substances, which is currently based on Environmental Protection Agency
(EPA) regulatory reference lists that have expired. Future rulemaking
is needed to update the National List to resolve the references to the
expired EPA reference lists, to provide market certainty, and to
maintain industry confidence in the National List process.
Overview of Program Structure
Standards development is one of many activities conducted by the
NOP. The NOP is made up of six groups: Accreditation Division,
Compliance and Enforcement Division, International Activities Division,
Trade Systems Division, Standards Division, and the Office of the
Deputy Administrator. The Accreditation Division and Compliance and
Enforcement Division conducts audits of certifying agents and their
satellite offices, prepares noncompliance and evaluates corrective
actions; considers reinstatement requests from suspended operations;
reviews certifier records and reports; investigates complaints;
conducts surveillance of operations and regions or countries based on
market growth and risk; conducts the program's livestock compliance
program; conducts focused import oversight investigations; and develops
and delivers training for certifiers and operations.
[[Page 6841]]
The International Activities Division monitors existing organic
trade arrangements and leads technical negotiations for new
arrangements. The Trade Systems Division is responsible for all
technology development and data dashboard development for the program,
including leading the development of the import certificate reporting
system required by the 2018 Farm Bill. The team also leads the
Interagency Organic Import Oversight Working Group. The Office of the
Deputy Administrator houses the NOP appeals function, quality
management, communications, Organic Integrity Learning Center
development, the human capital initiative, special projects, and
general customer service and organizational management.
The Standards Division develops organic rules and policies;
provides technical and administrative support to the NOSB; and
evaluates materials conflicts from certifiers. The Division also serves
as USDA's authority on interpreting the organic standards and provides
critical input to NOP and other USDA officials concerning USDA policy
positions on organic production, handling, processing, and labeling.
AMS believes that the current structure of the Program
appropriately supports the Program's mission. AMS invites public
comments on this structure.
Outstanding NOSB Recommendations: Practice Standards
Experience has shown that organic rulemaking is most successful
when it addresses the needs with the most cross-community support, when
the economic benefits are clear, and when rulemaking resolves known
market inconsistencies. Below, AMS outlines what it believes to be the
current outstanding NOSB recommendations, focusing on practice
standards. Some NOSB recommendations were passed very early in the life
of the program, before there was an active NOP Standards Division. Some
recommendations have been addressed through training, guidance, or
instructions for certifiers. NOSB recommendations referenced above as
being addressed by current rulemaking priorities are not repeated here.
Organic Apiculture Production Standards (October 2010)
NOP drafted a proposed rule that would establish organic apiculture
standards during the Obama Administration; however, the rule was not
published. AMS invites comments on whether to prioritize this
rulemaking.
Organic Pet Food Product Standards (November 2008)
NOP drafted a proposed rule that would establish organic pet food
product standards during the Obama Administration; however, the rule
was not published. AMS invites comments on whether to prioritize this
rulemaking.
Organic Mushroom Production Standards (October 2001)
NOP has completed preliminary research for this standards
development work. Producers are currently certifying mushrooms under
the organic crop standard. AMS invites comments on whether to
prioritize this rulemaking.
Organic Aquaculture Production Standards (March 2007)
NOP drafted a proposed rule that would establish organic
aquaculture standards during the Obama Administration. The rule was
placed on hold at the end of the Administration due to interagency
concerns during OMB review; agencies with interest in the rule included
the National Oceanic and Atmospheric Administration (NOAA), Small
Business Administration (SBA), and Office of the United States Trade
Representative (USTR). The rule would require interagency coordination
to advance. The NOP currently permits the sale of organic aquaculture
products that are certified under other government organic standards
(e.g., European Union). AMS invites comments on whether to prioritize
this rulemaking.
Hydroponic/Aeroponic Production and Create Greenhouse and Container
Production Standards (April 2010; November 2017--Prohibit Aeroponics)
The certification of hydroponic production systems as organic is
currently allowed by AMS if the producer can demonstrate compliance
with the USDA organic regulations; there are certified organic
hydroponic operations in the U.S. at this time. While the NOSB
recommended a rulemaking that would prohibit organic certification for
those operations, AMS does not to intend to propose the prohibition of
these production systems. However, AMS agrees that there are currently
inconsistencies among certifiers with respect to the certification of
greenhouses and container systems. AMS invites comments as to whether
standards should be established for these specific production
environments.
Clarification of Emergency Synthetic Parasiticide Use With Organic
Livestock (October 2018)
NOP has not made this recommendation a regulatory priority and
believes it should continue to be a low regulatory priority, as there
has not yet been a demonstrated need or justification for advancing
this recommendation. There are no known situations where parasiticides
have been used in a manner inconsistent with the National List, nor
have certifiers reported having issues determining what is considered
``emergency use.'' AMS invites comments on this prioritization.
Eliminate Incentive To Convert Native Ecosystems to Organic Production
(April 2018)
NOP has not made this recommendation a regulatory priority.
Provisions within this recommendation appear to contradict the wild
crop standard which allows product harvested from unmanaged land to be
certified as organic. Before proceeding with this recommendation, NOP
would like to see significant support by the organic industry and
Congressional action may be needed. AMS invites comments on this
prioritization, including whether increased utilization of existing
USDA programs could help meet some of the goals of this recommendation.
Establish Standard Criteria for Commercial Availability
Determinations--Agricultural Ingredients in Processed Products
Standards (November 2007)
NOP has not made this recommendation a regulatory priority because
the Accredited Certifiers Association (ACA) has issued Best Practices
documents for commercial availability that are currently in use among
the industry. Certifiers have not communicated a strong need for this
recommendation to move forward. AMS invites comments on this
prioritization.
Require Increased Use of Organic Seeds (April 2019)
NOP has not made this recommendation a regulatory priority because
NOP believes the recommendation is already addressed by USDA organic
regulations for commercial availability related to seeds and planting
stock. Therefore, additional rulemaking is not needed. The NOP has
completed training on organic seed sourcing as a practical, high-impact
step; the training is available in the Organic Integrity Learning
Center. The ACA has also
[[Page 6842]]
published a Best Practice Document for certifiers to increase
consistency. AMS invites comments on this prioritization.
Recommendations Related to Genetic Engineering and Excluded Methods
(Multiple)
NOSB has made a number of recommendations related to genetic
engineering and included methods. For example, ``Require Genetic
Integrity for Transparency of Seed Grown on Organic Land--Instructions
to Certifiers'' (October 2019) and ``Guidance of GMO Prevention
Strategies'' (October 2015) both recommend establishing thresholds for
addressing the presence of genetic material contamination, with
significant cost implications for testing and monitoring. The NOP has
not prioritized these two recommendations given the significant
implementation requirements and likely costs involved. AMS invites
comments on this prioritization.
The NOSB has also recommended developing ``Guidance for Determining
which New Technologies are Considered Excluded Methods'' (October
2019). NOP has not made this recommendation a priority because it
believes the current definition of Excluded Methods in the USDA organic
regulations is sufficiently broad to cover a large range of new
technologies. Augmenting this regulatory definition with a long list of
prohibited technologies may cause confusion and could lead to an
implied ``allowance by omission'' for technologies not listed. We
believe the intent of this recommendation could be achieved by
communicating the program's position on excluded methods (that they are
not allowed) more directly and investing resources into communicating
with certifiers about NOP's expectations for oversight. AMS invites
comments on this prioritization.
Develop Organic Personal Care Product Standards (December 2009)
NOP has not made this recommendation a regulatory priority. This
rulemaking would be very complex and would require a significant
expansion of existing regulations. NOP has published two items:
``Policy Memo: ``Organic Personal Care/Cosmetics'' and ``Fact Sheet--
Personal Care Products'' that have allowed certifiers and operations to
find a path to certification for these products within the existing
rules and standards. Other private standards have been developed that
are specific to organic cosmetic certification. Regulatory action in
this area would require significant interagency cooperation and review,
as it would need to harmonize with current Food and Drug Administration
(FDA) regulations regarding ingredient statements on cosmetics and
personal care products. AMS invites comments on this prioritization.
Restrict the Use of Livestock Vaccines Made From Excluded Methods
(October 2019)
NOP has not made this recommendation a regulatory priority. There
has not been a strong justification or demonstrated need for this
rulemaking. The organic livestock industry is not large enough to
support the development, testing, and deployment of non-genetically
modified (GMO) vaccines. Rulemaking would involve adding the non-GMO
commercial availability as an annotation to Sec. 205.603(a)(4). AMS
invites comments on this prioritization.
NOP Handbook Updates
Along with the OFPA and the USDA organic regulations, the NOP
Handbook, titled, The Program Handbook: Guidance and Instructions for
Accredited Certifying Agents and Certified Operations provides those
who own, manage, or certify organic operations with guidance,
instructions, and policy memos that can assist them in complying with
the USDA organic regulations. The Handbook is consistent with OMB's
Bulletin on Agency Good Guidance Practices (GGPs) published January 25,
2007 (72 FR 3432-3440). The purpose of the OMB's GGPs is to help ensure
that program guidance documents are developed with adequate public
participation, are readily available to the public, and are not applied
as binding requirements.
The NOP Handbook is an important tool for organic operations and
for certifying agents. There are a number of guidance, instructions,
and policy memos that are part of the NOP Handbook that will need to be
updated as a result of SOE; several also need updates to align with
current NOP policy (e.g., label use-ups when certifiers exit the
organic program; accreditation process updates based on NOP's increased
staffing and capabilities; and references to conservation tools
administered by other USDA agencies). AMS invites public comments with
respect to which NOP Handbook documents need updates from the organic
community's perspective.
Request for Public Comments
AMS seeks comments on the prioritization of outstanding NOSB
recommendations and NOP Handbook updates (specifically, comments on
whether issues not currently included should be considered for
regulatory action) as it considers future rulemaking and policy
development activities. AMS welcomes input about whether current
resources should be allocated in a different manner to support
standards development, or other program priorities. Comments received
in response to this notice will inform future regulatory and policy
development activities.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-02429 Filed 2-4-22; 8:45 am]
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