Understanding the National Organic Program (NOP) & NOSB

The National Organic Program (NOP) is the federal regulatory framework that establishes, enforces, and oversees organic standards in the United States. Administered by USDA's Agricultural Marketing Service (AMS), the NOP was created by the Organic Foods Production Act (OFPA) of 1990 and its implementing regulations took effect in 2002.

The NOP does four essential things:

1. Sets the standards: The NOP's regulations (7 CFR Part 205) define what constitutes organic production and handling — the land requirements, prohibited and allowed substances, animal welfare standards, and labeling rules that all certified organic operations must follow.

2. Accredits certifiers: The NOP accredits and oversees the more than 80 USDA-accredited certifying agents who do the actual work of certifying individual operations.

3. Enforces compliance: The NOP investigates complaints, audits certifiers, and takes enforcement action against operations that misrepresent their products as organic.

4. Maintains the National List: Working with the NOSB, the NOP maintains the National List of Allowed and Prohibited Substances — the master list of what can and cannot be used in certified organic production.

7 CFR Part 205 is the Code of Federal Regulations section that contains the full text of the USDA National Organic Program regulations. It is the legal backbone of organic certification in the United States.

7 CFR Part 205 is organized into several subparts:

• Subpart A — Definitions: Official definitions of key terms used throughout organic regulations

• Subpart B — Applicability: Who must be certified and who is exempt

• Subpart C — Organic Production and Handling Requirements: The core standards for crop, livestock, and handling operations

• Subpart D — Labels, Labeling, and Market Information: Organic labeling rules, including when and how the USDA seal may be used

• Subpart E — Certification: The certification process, including OSP requirements, inspections, and renewal

• Subpart F — Fees: Framework for certifier fee structures

• Subpart G — Administrative: Investigation, sanctions, and appeals

• Subpart H — National List of Allowed and Prohibited Substances: The complete list of allowed synthetics and prohibited naturals

The full text of 7 CFR Part 205 is publicly available at ecfr.gov and through USDA AMS's website.

USDA AMS oversees organic certification through a multi-layered oversight system:

1. Certifier Accreditation: USDA AMS accredits certifying agents through a rigorous application, audit, and ongoing review process. Certifiers must demonstrate that their staff, procedures, and systems meet NOP requirements. Accreditation must be renewed every 5 years.

2. Certifier Audits: USDA AMS conducts regular on-site and desk audits of accredited certifying agents to verify that they are consistently applying NOP standards and following required procedures.

3. Organic Integrity Database: USDA AMS maintains the public Organic Integrity Database listing all certified operations, enabling market participants to verify certification status.

4. Complaint Investigation: USDA AMS investigates complaints about fraud, misrepresentation, and noncompliance involving certified operations.

5. Enforcement: USDA AMS can impose civil penalties on operations that violate organic regulations, suspend or revoke certifications, and decertify certifying agents that fail to meet NOP requirements.

Under the SOE rule (effective 2024), USDA AMS's enforcement authority was significantly expanded.

The National Organic Standards Board (NOSB) is a 15-member federal advisory committee established by the Organic Foods Production Act (OFPA) to advise the USDA Secretary on organic standards.

The NOSB is composed of:

• 4 farmer/grower members

• 2 handler/processor members

• 1 retailer member

• 1 scientist member

• 3 consumer/public interest members

• 3 certifier members

• 1 USDA accredited certifying agent member

Members are appointed by the Secretary of Agriculture and serve 5-year terms. The NOSB meets publicly twice a year — once in the spring and once in the fall — at locations that rotate around the country.

The NOSB's primary function is to make recommendations to the National Organic Program on which materials should be added to or removed from the National List of Allowed and Prohibited Substances. The USDA Secretary makes the final decision on all National List changes, but is required by law to consult with the NOSB.

The National List (7 CFR §§ 205.600–205.606) is the official federal list that specifies which synthetic substances may be used in certified organic production and handling, and which natural substances are prohibited.

The National List operates on the following principle:

• Natural substances are generally allowed in organic production UNLESS specifically listed as prohibited

• Synthetic substances are generally prohibited UNLESS specifically listed as allowed (with any conditions noted)

The National List is organized by use category:

• § 205.601: Synthetic substances allowed for use in organic crop production

• § 205.602: Nonsynthetic substances prohibited for use in organic crop production

• § 205.603: Synthetic substances allowed for use in organic livestock production

• § 205.604: Nonsynthetic substances prohibited in organic livestock production

• § 205.605: Nonagricultural (non-organic) substances allowed as ingredients in or on processed products labeled as organic

• § 205.606: Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled 'organic'

The NOSB reviews the National List on a rolling 5-year sunset schedule, re-evaluating listed substances to confirm they still meet criteria for allowed use.

NOSB public meetings are open to all stakeholders — including farmers, certifiers, retailers, consumers, and the general public. Participating is one of the most direct ways organic producers can influence organic standards.

How to engage with NOSB meetings:

1. Attend in person: NOSB holds two public meetings per year, rotating locations across the country. Meeting dates and locations are announced on the USDA AMS website well in advance.

2. Attend virtually: NOSB meetings are webcast live and recordings are posted after the meeting.

3. Submit written public comments: The most powerful form of participation. Before each meeting, NOSB opens a public comment period (typically 60 days) on specific agenda items — usually proposed additions to or removals from the National List.

• Comments are submitted through regulations.gov

• Each comment becomes part of the public record

• The NOSB must consider all public comments before making recommendations

4. Provide oral comments: At in-person meetings, members of the public can register for time-limited oral comment slots.

The Organic Trade Association (OTA) often coordinates producer input on specific NOSB agenda items and can help individual producers engage effectively.

Public comments to the NOSB are submitted through the federal rulemaking portal at regulations.gov. Here is how the process works:

1. Find the open docket: Go to regulations.gov and search for 'National Organic Standards Board' or the specific docket number associated with the agenda item you want to comment on.

2. Identify the comment period: NOSB comment periods are typically open for 60 days before each semi-annual meeting. Check USDA AMS's NOP website for the schedule and current open dockets.

3. Write your comment: Effective comments are specific, factual, and explain how the proposed change would affect your operation. NOSB members and NOP staff read all comments, and substantive comments carry real weight in the deliberation process.

4. Submit online: Submit your comment directly through regulations.gov before the deadline. Include your name and, if relevant, your certifier and operation type.

5. Follow up: Comment submissions are public record. After the NOSB meeting, review the meeting transcripts and NOSB recommendations to see how public input was addressed.

The Organic Trade Association (OTA) regularly issues calls to action for producers to submit comments on specific NOSB agenda items — signing up for OTA's advocacy alerts is a good way to stay informed.

Staying current on organic regulatory changes is an important part of maintaining compliance. Here are the most reliable ways to do it:

1. USDA AMS NOP website (ams.usda.gov):

• The official source for all rule changes, guidance documents, and NOP notices

• Subscribe to email updates from USDA AMS

2. Your certifying agent:

• Certifiers are required to stay current on NOP regulations and should proactively notify their certified clients of relevant changes

3. Organic Trade Association (OTA) (ota.com):

• OTA monitors federal organic policy closely and publishes accessible summaries of proposed and final rule changes for producers and industry members

• OTA's newsletter and advocacy communications are a valuable industry-level lens

4. NOSB meeting materials:

• Reading NOSB meeting agendas and staff papers provides early visibility into regulatory changes being considered before they become final rules