OIA North America - Latest Blog Entries

OIA North America is now Americert International

Fri, 22 Feb 2013 13:30:00 -0600

OIA North America is now

Americert International. For

more information, please

vist the Americert

International website at

www.americertorganic.com.

Addressing Food Safety and Good Agricultural Practices through Certification

Mon, 20 Jun 2011 13:53:00 -0500

Addressing Food Safety and Good Agricultural Practices through Certification:

US FARMGAP Announces Cost Effective GAP Program for Farms and Packing Operations

By Jonathan Austin

Enlightened farms and packers recognize, even without recent government interest, that food safety is the key to being a successful and responsible citizen of the agricultural community and the world at large. In response to food safety incidents in the past few years, a wave of new interest, and in some cases, new laws and regulations, has spread throughout the food and agriculture community.

Recently the Congress passed and the President signed into law, the Food Safety Modernization Act, which was intended to be a major overhaul of food safety regulations in the United States. Included in its provisions were the requirements that farms and packers have a food safety compliance plan, in addition to annual mock recalls. Only the diligent work of Montana Senator Jon Tester ensured that there was a small farm exemption which excluded operations with less than $500,000 in sales who sale the majority of their product direct to consumers or within 275 miles of the farm and within the same state. Nonetheless, processors, packers, and growers who sale the majority of their product to distributors, processors, or national or regional retailers, will be required to comply with the Act and the FDA regulations promulgated as a result of the act.

Among the requirements of the Act are that some operations must register with the FDA under the Bioterrorism Act, operations must identify potential hazards, must implement effective preventative controls, conduct annual mock recalls, and have a written food safety plan. Most farms and packers will be affected by the Act and subsequent rule making by the FDA.

US FARMGAP, a program run by OIA North America, a USDA accredited certifying agent under the USDA National Organic Program, is one company which is trying to assist farms and packing operations comply with the regulations through a standardized food safety and Good Agricultural Practices certification program.

Farms and packing houses seeking certification are provided a standard which is based on the common potential hazards in farming and packing operations, a model compliance plan which can be tailored to the operation, an onsite inspection to ensure that preventative measures are implemented effectively, and once compliance is determined, a certificate attesting to the operation’s compliance with the requirements of the standard. Among the common potential hazards addressed by the standard are microbiologic qualities of water, use of manure on the farm, wildlife activity and animal waste contamination, and worker personal health and hygiene. Packing operations address a similar set of hazards, as well as hazards addressed through the use of sanitizers and chemicals.

The program which was piloted successfully this spring with blueberry growers in Florida is intended to take the mystery and confusion out of compliance while being extremely cost effective. The average farm pays about $500 to be certified under the program and to access the off the shelf program components. Packing operations are charged prices beginning at $750 and are able to access the same off the shelf resources created for packing operations.

OIA North America, which operates the program, is rolling the program out nationwide and hopes that farms and packers should find the program a valuable and cost effective tool to address compliance issues within their operation and communicate to regulators, customers, and the general public their commitment to food safety and best practices.

More information about the US FARMGAP program is available at www.oianorth.com.

Managing Environmental Contamination

Mon, 20 Jun 2011 13:44:00 -0500

Managing Environmental Contamination under the USDA National Organic Program Final Rule

Part One: Pesticide Residue Testing for Farms

By Jonathan Austin

Background

The USDA NOP Final Rule, as contained 7 CFR 205 provides the regulations by which agricultural products may be certified and represented as organic in the United States. Generally the regulation prohibits the use of synthetic substances in the production of products to be certified and represented as organic. Additionally the regulation requires that accredited certifying agents engage in regular testing of certified organic products for the presence of prohibited substances.

Despite this requirement, no certifier currently engages in regular testing of certified organic products for the presence of prohibited substances--instead the testing conducted has been based upon complaints or other indications of noncompliance. While the NOP is currently attempting to develop a detailed program to be followed by certifiers in conducting residue testing, this requirement has yet to be finalized. Additionally, all draft measures which have been submitted to certifiers for comments have been based on a combination of random selection of certified products for testing and a risk based analysis for selecting products to be tested. The current thinking of the NOP does not appear to contemplate residue testing for all operations or all products.

The Significance of Positive Pesticide Residue Test Results

If the USDA does implement a requirement that certifiers conduct residue testing, there is some question of how positive results will be addressed. At its most basic, a positive test result is likely to lead to an investigation by the certifier and/or the USDA NOP as to the cause of the contamination. The outcome for the certified operation will hinge on three factors, the amount of contamination, the cause of the contamination, and whether or not the operation’s willful violation of the regulations led to the contamination.

If it is found that the contamination is the result of a willful or knowing application of a prohibited substance to the crop, then the most likely result is that the operation’s certification will be revoked. Additionally, the operation and its responsibly connected persons may face criminal and civil sanctions. Recently the owner of a certified organic operation was charged and convicted in federal court of willfully marketing non-organic products as organic and was sentenced to prison. Even civil sanctions can be severe—up to $11,000 per violation of the USDA NOP Final Rule.

If it is found that the contamination was inadvertent, having resulted from an unknown and unintentional application, the most likely results range from excluding the product from sale as organic to suspension or revocation of the operator’s certification.

If the contamination occurred as a result of unavoidable residual environmental contamination much hinges on the level of contamination present. The USDA has established, under 205.271, Exclusion from Organic Sale, of the USDA NOP Final Rule, that “(w)hen residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced. The Administrator, the applicable State organic program's governing State official, or the certifying agent may conduct an investigation of the certified operation to determine the cause of the prohibited substance.”

Unavoidable Residual Environmental Contamination

The Preamble to the NOP Final Rule also contemplates the establishment of levels of Unavoidable Residual Environmental Contamination (UREC), above which the product would be excluded from organic sale. However, the USDA has not acted on this intention and the current rule only mentions tolerances established by the Environmental Protection Agency (EPA). Although not stated in the rule, the Preamble appears to contemplate that action levels set by the FDA would function also function as thresholds for acceptable UREC levels.

The Preamble also contemplates the USDA NOP being able to suspend certification of an operation when the residues in product which exceed the 5% EPA tolerance, regardless of the cause. (“These levels will represent limits at which USDA may take compliance action to suspend the use of a contaminated area for organic agricultural production.”)

The USDA NOP Final Rule and the Preamble, when taken together, lead to a number of questions about addressing residue testing and UREC detectable in products which are certified or are considered for certification.

The NOP has put forward some suggested guidelines on residue testing and the interpretation of such tests and the effects of detection of residues, but it is not clear if these will be implemented as currently worded. The NOP is taking comments on the proposed guidelines and these comments may alter the final outcome.

Conclusions and Discussion

The operator of an organic farm, or an entity looking to assess the acceptability of a specific site for organic production should take note of the USDA’s approach to unavoidable residual contamination and the current trajectory of moving towards more comprehensive testing of organic products for pesticide residues. Obviously, any operator who is certified or is seeking certification must avoid the use of any prohibited substance, including prohibited pesticides. A failure to follow the dictates of the NOP Final Rule can have severe civil and criminal penalties. However, merely steering away from prohibited practices probably does not constitute a best practice, and operators must strive to set the bar higher.

As we have reviewed in this article, residual environmental contamination is an issue which operators must care about and be proactive in the management of growing operations and site selection of growing operations. A failure to include the potential for environmental contamination in the analysis conducted for new growing sites and management practices implemented on the farm can lead crops being excluded from organic sale, and revocation or suspension of organic certification. However, even for the most proactive of growers considering these issues, the issue of unavoidable residual environmental contamination leads to many difficult questions. For instance, while an operator is required to consider environmental contamination in their organic farm plan, do the USDA NOP regulations require an operation to conduct soil or residue testing? Do the USDA NOP regulations require the disclosure of such test results to the USDA or the certifier? Are the EPA tolerance levels the only levels which must be taken into account in such testing? What if a residue is detected but the EPA has set no tolerance level for that pesticide and the FDA has set no action level? Finally, are genetically modified organisms (GMOs) handled differently than pesticide residues under the USDA NOP regulations?

All of these are good questions, some of which lack clear answers. In our next article in this series we will address these questions and where clear answers are lacking give some suggestions on best practices.

USDA NOP Issues New Q&A Re Canadian Equivalency Agreement

Mon, 03 Jan 2011 03:39:00 -0600

The USDA NOP has issued a new Q&A regarding the Canadian Equivalency Agreement whereby USDA NOP certified operations can ( with some restrictions and requirements) export and sale NOP certified product in Canada. Please follow the following link to read it: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5077525&acct=nopgeninfo

USDA NOP Amends the National List of Allowed and Prohibited Substances

Mon, 03 Jan 2011 03:18:00 -0600

National Organic Program Publishes Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)

AMS No. 239-10

Soo Kim (202) 720-7476

Soo.kim@ams.usda.gov

WASHINGTON, Dec. 13, 2010—The National Organic Program (NOP) today published a final rule amending the National List of Allowed and Prohibited Substances for crops and processing.

The rule, effective tomorrow December 14, 2010, enacts six recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board (NOSB) from November 30, 2007, and May 22, 2008:

• Adds aqueous potassium silicate, along with any restrictive annotations, for use as an insecticide and for plant disease control in organic crop production. Potassium silicate is manufactured by fusing naturally occurring compounds (silica sand and potassium carbonate) and can be used for agricultural crops, nuts, fruits, vines, turf and ornamentals. The substance can reduce crop damage from mites, whiteflies and other insects, powdery mildew, botrytis, and root diseases.

• Adds sodium carbonate peroxyhydrate, along with any restrictive annotations, for use as an algaecide in organic crop production. Sodium carbonate peroxyhydrate is manufactured via a dry, wet or spray process from sodium carbonate and hydrogen peroxide. Sodium carbonate peroxyhydrate can be used in aquaculture, rice/wild rice fields and paddies, and commercial greenhouses, nurseries and garden centers.

• Adds gellan gum, along with any restrictive annotations, as a nonsynthetic allowed for use in organic handling. Gellan gum functions as a thickening agent to produce texture in a range of products such as bakery fillings, puddings, and sauces. It is a water soluble, off-white powder that forms gels in the presence of positively charged ions, and its thickness can be manipulated for specific functions by the addition of potassium, magnesium, calcium, and/or sodium salts.

• Adds fortified cooking wine – Marsala, and cooking wine – sherry, along with any restrictive annotations, for use in organic handling as a nonorganic agricultural ingredient only when not commercially available in organic form. Both fortified cooking wines are ingredients that impart a unique flavor to a variety of foods such as soups and entrees. Marsala is produced by adding yeast to the juice of crushed and press grapes. Sherry is produced by adding spirits after fermentation. Both wines become non-beverage, cooking wines with the addition of salt.

• Adds tragacanth gum, along with any restrictive annotations, for use in organic handling as a nonorganic agricultural ingredient only when not commercially available in organic form. Tragacanth gum provides texture, viscosity, and emulsion stability in foods such as salad dressings and sauces. It is harvested from the stems and branches of Astragalus gummifer Labillardiere and other Asiatic species of Astragalus (Fam. Leguminosae) in the desert and arid areas of the Middle East. The dried gum is cleaned, mechanically cut, dissolved in water and filtered before it is used in food processing.

The rule also removes glycerine oleate (glycerol monooleate) as a synthetic inert ingredient allowed in organic crop production since its exemption to be used expired on Dec. 31, 2006. Removal of this substance does not have a new regulatory effect.

The National List identifies synthetic substances that may be used (7 CFR 205.601 and 205.603) and nonsynthetic (natural) substances that may not be used (§§205.602 and 205.604) in organic production. It also specifies nonagricultural (nonorganic) substances that may be used in processed organic products (§205.605) and nonorganically produced agricultural products that may be used in processed organic products (§205.606). Since established, the National List has been amended thirteen times.

The NOSB evaluates substances petitioned for inclusion or deletion from the National List through the petition process implemented under §205.607 of the NOP regulations. The Secretary can amend the National List based on recommendations by the NOSB under the authority of the Organic Foods Production Act of 1990.

OIA North America Issues Policy on Organic System Plan Updates and Interim Inspections

Tue, 12 Oct 2010 04:04:00 -0500

POLICY MEMORANDUM

From: OIA North America

To: All OIA North America File Reviewers and Inspectors

Date: October 12, 2010

SUBJECT: Summary of Organic System Plan Changes for Inspectors Conducting Interim Inspections

I. BACKGROUND

Currently, OIA North America provides each inspector a copy of the file of the operation to be inspected, as well as a copy of the previous year’s inspection report (where applicable) for each inspection assigned to an inspector. In cases where the inspection is an interim or additional inspection it is also necessary to provide the inspector with a summary of all changes to the Organic System Plan which have been implemented since the original certification was granted. In many cases operators make changes to inputs and ingredient suppliers, as well as adding additional products for certification after receiving initial certification. While these changes are included in the annual renewal application submitted by the operation, in interim inspections this information will take the form of communications via email and documents submitted by the operation directly to OIA North America. For the inspector to be able to fully assess the operator’s compliance during an onsite inspection, it is imperative that the inspector be provided with these changes to the previously approved organic system plan. This memorandum establishes a policy and practice to ensure that such changes are communicated to inspectors on a consistent basis.

II. Appropriate Regulatory Provisions from the USDA NOP Final Rule.

NOP s. 205.403(c)(2), Verification of Information, states: “The on-site inspection of an operation must verify: That the information, including the organic production or handling system plan . . . accurately reflects the practices used or to be used by the applicant for certification or by the certified operaton.”

III. Policy on organic system plan changes and interim inspections

In order to ensure compliance with the NOP regulations and to ensure operation of a quality program, OIA North America hereby creates the following policies addressing Organic System Plan changes by operations, and communication of changes to inspectors for interim or additional inspections:

1. Changes to Organic System Plan by Certified Operations: Certified operations may update or change any aspect of their organic production or handling plan at any time by providing the request in writing and requesting approval of the change from OIA North America. OIA North America may request additional information or the completion of specific forms in order to conduct the review of the requested change(s). OIA North America will review the requested change and documentation provided and will make a decision to approve or disapprove the change within a reasonable time. A failure to inform OIA North America of a change to the approved Organic System Plan will result in OIA North America issuing a Notice of Noncompliance. A change that cannot be approved under the USDA NOP regulations, which is implemented by an operator without informing OIA North America, may result in suspension or revocation of certification.

2. Written Communications of Changes to Organic System Plan Incorporated into Organic System Plan: The organic production or handling plan is more than just the formal application originally submitted to OIA North America for approval. It also consists of all written communications of requested changes and approvals to the plan. All written communications related to changes in the Organic System Plan are incorporated into the Organic System Plan once approved by OIA North America and become a permanent part of the operator’s file. Such written communications, which may take the form of email communications, supersede the relevant portion of the originally submitted application and plan once approved by OIA North America. Where there is a contradiction between the original application and subsequent written communication of changes approved by OIA North America, the subsequent written communications control.

3. Inspectors to Be Provided with Organic System Plan Changes Summary for Interim Inspections:For any additional or interim inspection conducted outside of the initial onsite inspection and the annual renewal inspection, OIA North America shall provide the inspector, along with any other documentation necessary for the inspection, a memorandum outlining any changes to the original application and plan submitted by the operator, including changes to: products certified, inputs approved for use by the operator, ingredient suppliers or formulas, and any other material changes to the original Organic System Plan. Inspectors are expected to be familiar with the memorandum of changes and to supplement the original plan and application as described in the memorandum and to inspect against the summarized changes in addition to all other aspects of the Organic System Plan.

Please contact OIA North America if you have any questions about this policy.

Sincerely,

Jonathan Austin

OIA North America

OIA North America Issues Guidance for Grower Operations with Only A Portion of the Operation Certified as Organic

Fri, 08 Oct 2010 04:15:00 -0500

MEMORANDUM

From: OIA North America

To: All OIA North America NOP Organic Growers

Date: October 8, 2010

SUBJECT: Guidance for Operations with only a Portion of the Operation Certified Organic

I. BACKGROUND

The USDA NOP Final Rule allows for the certification of specific fields as organic, with the remaining land on a parcel managed as conventional agricultural production or managed simply as non-organic land. While this is allowed by the USDA NOP Final Rule, it raises special issues and concerns about risks of contamination of the organic fields and crops and commingling of organic products produced by the operation and non-organic crops produced by the operation. Under the rule, split operations which produce both organic and non-organic crops must address in their organic system plan the “practices and physical barriers established to prevent comingling of organic and nonorganic products” and to prevent contact with prohibited substances. Currently, OIA North America requests information about split operations and their practices and physical barriers established to prevent commingling and prevent contact with prohibited substances. However, OIA North America has recently determined that further guidance is needed for operations with split production, and that guidance should be issued to operations which while not split operations, have portions of their land certified as organic and portions of the operation not certified as organic.

II. Appropriate Regulatory Provisions from the USDA NOP Final Rule.

§ 205.100 (a) What has to be certified, allows for the certification of all or a specified portion of a production operation: “(a) Except for operations exempt or excluded in §205.101, each production or handling operation or specified portion (emphasis added) of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.”

§ 205.201(a)(5) Organic production and handling system plan, requires that the Organic System Plan submitted by the certified operation include “(a) description of the management practices and physical barriers established to prevent commingling of organic and nonorganic products on a split operation and to prevent contact of organic production and handling operations and products with prohibited substances.”

§ 205.2 Terms defined, defines a split operation as: “An operation that produces or handles both organic and nonorganic agricultural products.”

III. Guidance for Operations with only a Portion of the Operation Certified Organic

OIA North America has created a new form which must be completed by an operation which is certifying less than the entire parcel. This includes operations which meet the definitions of a split operation but also those operations who do not strictly meet the definition of a split operation because the non-organic portions of the parcel are not managed to produce any crops. Examples of the latter would be a 10 acre parcel of land for which certification of 5 acres of production has been requested, with the remaining 5 acres to lay fallow or to be used for purposes related to a residence on the parcel. Both types of operations would be required to complete the Non-Organic Land Management Form. The form will ask additional detailed questions about the physical barriers and practices in place to prevent contamination of certified organic areas. Additionally, it requires the following minimum practices:

1. Disclosure of all prohibited fertilizers, and pest, weed, and disease control products to be used on the non-organic lands.

2. Designated storage areas, separate from both the certified organic land, and the storage area for organic products, where such prohibited products will be stored.

3. Practices in place to ensure that any prohibited fertilizers, and pest, weed, and disease control products to be used on non-organic lands are never present on certified organic land in any manner.

4. Recognition that a failure to abide by the above requirements will result in a Noncompliance being issued to the operation and possible suspension and revocation of the certification for the certified lands.

A copy of this form ( NOP Non-Organic Land Management Form) should be completed and submitted with the next annual renewal for each operation which is seeking renewal of certification for anything less than the entire parcel or operation.

Please contact OIA North America if you have any questions about this policy or the form.

Sincerely,

Jonathan Austin

OIA North America

Enclosures(1): NOP Non-Organic Land Management Form

OIA NORTH AMERICA AMENDS CERTIFICATION MANUAL FOR NOP ORGANIC PROGRAM

Sat, 07 Aug 2010 07:41:00 -0500

OIA North America has published a revised and amended Certification Manual for the NOP Organic Program, which incorporates two changes as a result of our June 2010 internal audit. In the revision, two changes were made to the Section 5 Certification Procedures. The changes, are summarized below.

1. Change to Procedure to Request Information About Certification: This section was amended to clarify that a request for information about certification under the program need not be submitted in writing.

2. Clarification of Timing of Fees Submittal: The manual was amended to clarify that fees do not have to be paid in full prior to commencing the certification process, but that OIA North America has the right to demand that fees are paid in full prior to commencing the certification process.

Questions or comments on these changes should be directed to the OIA North America office.

USDA NOP Issues Guidance and Rules on Changing Certifiers

Wed, 21 Jul 2010 04:45:00 -0500

On July 13, 2010, Miles McEvoy, Deputy Administrator of the USDA National Organic Program issued a document titled "Responsibilities of Certified Operations
Changing Certifying Agents" which describes the responsibilities of operations seeking to change certifiers as well as the responsibilities of certifiers who are certifying operations which switch certifiers. The document provides a description of the policies and procedures for conducting such switches and provides some rules. Of important note are the rules which state that operations switching certifiers must remain in good standing with their current certifier until certified by the new certifier OR must surrender their certification while applying for certification by the new certifier. What the memo makes clear is that operations must plan out any certifier switch and be sure to remain compliant with the certifier the operation is leaving during this process. Additionally, the memo establishes for the first time a rule that operations which switch certifiers must immediately change their packaging and label to reflect the identity of the new certifier. No stream of commerce exceptions.

The full text of the memo follows, and can also be accessed at the USDA NOP website at www.ams.usda.gov/nop. Please contact OIA North America if you have any questions.

Responsibilities of Certified Operations (Effective July 13, 2010)

Changing Certifying Agents

1 Purpose

This document establishes National Organic Program (NOP) policies and procedures for certified

operations and accredited certifying agents (ACA’s) when certified producers or handlers change to a

new ACA.

2 Scope

These procedures apply in all situations where certified operations change certifiers, either as a result

of a business decision or as a result of their current certifier losing accreditation.

3 References

7 CFR Part 205 Subpart E – Certification and Subpart F – Accreditation (Regulation)

4 Policy

4.1Certification under the Regulation is not transferrable between ACAs. ACAs may not sell or

otherwise transfer certified operation files or certificates to another ACA.

4.2Certification and certificates issued to certified operations are not transferrable to new owners

in cases of mergers, acquisitions, or other transfers of ownership of the certified operation. When

there is a change in ownership of a certified operation, the certified operation must apply for and

receive new certification from an ACA prior to selling, labeling, or representing products as organic.

4.3When a certified operation wishes to change from their existing ACA to new ACA, the

certified operation must complete an application and submit a complete organic systems plan (OSP)

to the new ACA.

4.3.1The new ACA must conduct a complete review and onsite inspection of the certified

operation’s OSP and ensure compliance with the NOP regulations prior to granting certification.

4.3.2When changing ACAs, the certified operation must either maintain the prior certification

according to the NOP regulations or surrender their prior certification in writing. Certified

operations who are changing ACAs must maintain their current certification until they have been

granted certification by the new ACA if they intend to continue to produce or sell products as

organic.

4.3.3If a certified operation applies for certification with a new ACA but does not maintain or

surrender their prior certification in writing and the prior ACA issues a notice of noncompliance or

proposed adverse action, the certified operation is still bound by the notice of noncompliance or

proposed adverse actions of the prior certifying agent.

4.3.4If the prior ACA issues a notice of suspension or revocation for failure to renew, pay fees,

submit an updated OSP or any other technical or administrative noncompliance to the NOP

Regulations, the certified operation must immediately cease the sale, labeling, and representation of

products as organic until all noncompliances are resolved and eligibility for reinstatement is granted

by the NOP.

4.4For voluntary changes of certifying agent:

4.4.1Certified operations that change ACAs voluntarily may not use up existing supplies of labels

which identify their prior ACA on products they produce or handle.

4.5For certified operations who change ACAs due to loss of a ACAs accreditation:

4.5.1Organic operations certified by an ACA that goes out of business or loses its accreditation for

any reason must apply for certification to another ACA within 60 days of the date of surrender,

suspension, or revocation of accreditation of their ACA.

4.5.2If an ACA discontinues service or loses its accreditation for any reason, all files for all

operations certified by that ACA at that time must be transferred to the NOP pursuant to

205.501(c)(3). If a certified operation does not find a new certifying agent within 60 days, the NOP

will reassign the supervision of the operation to another certifying agent who will manage the

surrender or ongoing certification of the certified operation or initiate proposed adverse actions for

failure to maintain certification under the NOP regulations.

4.5.3ACAs who receive applications for certification from a certified operation affected by the

loss of accreditation of their prior ACA may not grant ongoing certification on the basis of prior

inspections or decisions by the prior certifying agent.

4.5.4Certified operations that change ACAs due to their ACA going out of business may use

existing supplies of labels for no more than 90 days beyond the date that the ACA discontinued

service.

5 Procedures

5.1To change ACA, a certified organic operation must:

5.1.1Submit an application for certification to another ACA as a new applicant;

5.1.2Submit a complete OSP for the scope(s) of certification requested;

5.1.3Pay fees to the new ACA according to the fee schedule approved by the NOP;

5.1.4Maintain their current certification, including submitting annual updates, allowing timely

inspections, and payment of all required fees to the current ACA until the certification process for the

new ACA is complete and a new certificate has been issued if they continue to produce or sell

products as organic;

5.1.5Return their prior certificate along with a written notice of surrender to their prior ACA only

after the new certification process is complete.

5.4To receive new applicants currently or previously certified by another ACA, the new ACA

must:

5.4.1Require the applicant to submit a complete new application and OSP as a new applicant for

certification;

5.4.2Request information regarding their current certification status, including any outstanding

notices of noncompliance or proposed adverse actions. Certification may not proceed until

outstanding notices and proposed adverse actions are resolved and eligibility for reinstatement has

been issued from the NOP, as needed;

5.4.3Notify the applicant of their obligation to maintain their current certification throughout the

new certification process in order to sell, label or represent products as organic during the change to

the new ACA;

5.4.4Charge fees as approved by the NOP;

5.4.5Conduct a complete review of the application and OSP for compliance with the NOP

regulations;

5.4.6Schedule and conduct an onsite inspection pursuant to § 205.403; an inspection is required

prior to the issuance of a new certificate;

5.4.7Issue a new certificate only after the applicant is determined to be in compliance with the

NOP regulations;

5.4.8Not allow the new client to use labels which do not correctly identify the ACA of the finished

product beyond the tolerances allowed in this instruction;

7 Records

7.1ACAs will maintain records according to 205.510(b).

7.2Certified operations will maintain records according to § 205.400(d)

NOP Amends National List for Crop Production

Tue, 13 Jul 2010 23:44:00 -0500

NOP amends National List for crop production
The U.S. Department of Agriculture’s National Organic Program (NOP) July 2 announced amendments to the National List of Allowed and Prohibited Substances for crop production. The final rule adds sulfurous acid to the National List of allowed materials for organic crop production based upon an evaluation and recommendation by the National Organic Standards Board. It also adds an Oct. 21, 2012, expiration date for the use of tetracycline. The final rule was published July 7 in the Federal Register.

New Fee Structure Posted-New Fee Category For Farms Less than 5 Acres

Mon, 28 Jun 2010 04:48:00 -0500

OIA North America has recently undertaken an effort to find ways to make organic certification more affordable for small farm operations, and is undertaking a pilot program whereby the certification fees for small farms are reduced. This program, which will be tested for the next six months, provides reduced inspection and certification fees to operations with 5 acres or less and that have less than $50,000 per year in sales of agricultural products. Under the small farm fee pilot program, small farm fees would be $500 for certification, and $250 for inspection. This would be a flat fee with no additional charges except for travel expenses for inspection. We encourage any operation with 5 acres of less and less than $50,000 per year in sales of agricultural products to consider certifying under the Small Farm fee structure in the next six months so that we can measure the interest in such a structure.

Please contact OIA North America for more information.

Organic Growers: What to Expect During the Inspection

Thu, 17 Jun 2010 08:40:00 -0500

Organic Growers--What to Expect During the Inspection

The annual onsite inspection is the key to the USDA NOP Organic certification process. It is the chance for the certifier to verify that the operator is complying with the organic grower plan the applicant or certified operation has submitted to the certifier. The inspector’s job is to be the eyes and ears of the certifier, but the ultimate decision on whether or not an operation qualifies for organic certification is the responsibility of the certifier. Being prepared for the onsite inspection makes the inspection and certification process quicker and simpler. It is also a good time to double check your operations to be sure they comply with the plan you have submitted.

In preparing for the inspection, please consider the following key areas which an inspector will look at during the inspection:

Documents and Recordkeeping

The inspector will want to look at documentation which may include, but is not limited to:

-Verifying that you have a copy of the USDA Final Rule on hand

-Verifying that you have a copy of your Organic System Plan (application you sent to OIA)

-Verifying that you have documentation on the acceptability of organic inputs and (seeds, fertilizers, pest control products, disease control products, planting media, etc.)

-Verifying that you maintain all of the records that you indicate are kept in your application for organic certification (purchase records, sales records, fertility input applications, weed control applications and activities, cleaning records, etc. )

-Verifying specialized records which are particular to your operation ( proof of non-availability of organic seeds if non-organic seeds are used, proof of non-treated status for non-organic seeds, records of manure application dates and harvest if manure is used, compost production records if compost is used, etc.)

-Verifying labels and packing materials

Special attention to prohibited substances

The inspector will look for evidence verifying that prohibited substances and practices are not used in the operation, including:

-Treated seeds or non-organic seeds which have not been approved by the certifier are not being used

-Genetically Modified Organisms are not being used

-Prohibited fertilizers, weed control, pest control, or disease control products (or ones which have not been listed in the application and approved by the certifier) are not being used

-Sewage Sludge or Bio-Solids are not being used

-Irradiation is not being used

Contamination and Commingling

The inspector will verify that there are effective practices in place to prevent contamination and commingling of organic and non-organic products, through:

-separation and identification in storage of approved organic inputs and non-organic inputs

-separation and identification of organic and non-organic production from seed to harvest

-practices and records in place to document that appropriate cleaning practices are in place to prevent contamination and commingling through use of equipment and tools

-use of appropriate labels and packing materials

Verification of basic land requirements

-Organic production areas are clearly defined and distinct from non-organic areas

-Appropriate buffers and barriers are in place to prevent contamination from surrounding land use

-That land is free from the application of prohibited substances currently and going back at least three years prior to the date of certification

The key points to remember is that the inspection is where the certifier verifies that the operator is complying with the USDA NOP Organic regulations and the plan submitted to the certifier. This includes maintaining the practices described in the plan, maintaining the records described in the plan, and obtaining approval for the use of each input from the certifier prior to use.

Using these guidelines, any operation can be confident that there inspection will be a smooth and successful one. As always, if you have any question about inspections, the certification process, or the organic regulations, please do not hesitate to contact OIA North America.

OIA North America posts New Electronic Copies of Core NOP Program Documents

Mon, 24 May 2010 08:41:00 -0500

OIA North America has just posted updated electronic versions of its core certification manuals and standards on the USDA Organic Certification page.
Please visit the page to view and or print these core documents. If you would like to request a printed hard copy, please contact OIA North America.

The core documents posted include:

The OIA North America Omnibus Quality Manual describes the core policies and procedures which must be implemented by OIA North America for each of its certification programs.

The OIA North America USDA NOP Certification manual describes the core policies and procedures implemented for the USDA NOP certification program.

The latest OIA North America produced static copy of the USDA NOP Final Rule standards.

If you have any questions about these documents, please don't hesitate to contact us.

Sincerely,
OIA North America

Notice of Amendment to the USDA NOP Final Rule Applicable to Livestock Operations

Mon, 24 May 2010 07:15:00 -0500

NOTICE OF AMENDMENT AFFECTING LIVESTOCK OPERATIONS:

On February 17, 2010, the USDA National Organic Program published amendments to the National Organic Program Final Rule, due to take effect on June 17, 2010. These amendments dealt exclusively with the certification of livestock operations. Because OIA North America’s scope of accreditation does not include livestock certification, none of these changes effect OIA North America’s certified clients. However, for the purposes of providing a complete copy of the USDA NOP Final Rule, these amendments are listed below and should be incorporated into the standard as applicable:

§ 205.2 Terms defined.

Amendment(s) published February 17, 2010, in 75 FR 7192

Effective Date(s): June 17, 2010

2. Section 205.2 is amended by revising the definitions of “crop” and “livestock” and adding 15 new terms in alphabetical order to read as follows:

§ 205.2 Terms defined.

Class of animal. A group of livestock that shares a similar stage of life or production. The classes of animals are those that are commonly listed on feed labels.

Crop. Pastures, cover crops, green manure crops, catch crops, 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.

Dry lot. A fenced area that may be covered with concrete, but that has little or no vegetative cover.

Dry matter. The amount of a feedstuff remaining after all the free moisture is evaporated out.

Dry matter demand. The expected dry matter intake for a class of animal.

Dry matter intake. Total pounds of all feed, devoid of all moisture, consumed by a class of animals over a given period of time.

Feedlot. A dry lot for the controlled feeding of livestock.

Graze. (1) The consumption of standing or residual forage by livestock.

(2) To put livestock to feed on standing or residual forage.

Grazing. To graze.

Grazing season. The period of time when pasture is available for grazing, due to natural precipitation or irrigation. Grazing season dates may vary because of mid-summer heat/humidity, significant precipitation events, floods, hurricanes, droughts or winter weather events. Grazing season may be extended by the grazing of residual forage as agreed in the operation's organic system plan. Due to weather, season, or climate, the grazing season may or may not be continuous. Grazing season may range from 120 days to 365 days, but not less than 120 days per year.

Inclement weather. Weather that is violent, or characterized by temperatures (high or low), or characterized by excessive precipitation that can cause physical harm to a given species of livestock. Production yields or growth rates of livestock lower than the maximum achievable do not qualify as physical harm.

Livestock. Any cattle, sheep, goats, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals for the production of food, fiber, feed, or other agricultural-based consumer products.

Residual forage. Forage cut and left to lie, or windrowed and left to lie, in place in the pasture.

Shelter. Structures such as barns, sheds, or windbreaks; or natural areas such as woods, tree lines, large hedge rows, or geographic land features, that are designed or selected to provide physical protection or housing to all animals.

Stage of life. A discrete time period in an animal's life which requires specific management practices different than during other periods (e.g., poultry during feathering). Breeding, freshening, lactation and other recurring events are not a stage of life.

Temporary and Temporarily. Occurring for a limited time only (e.g., overnight, throughout a storm, during a period of illness, the period of time specified by the Administrator when granting a temporary variance), not permanent or lasting.

Yards/Feeding pad. An area for feeding, exercising, and outdoor access for livestock during the non-grazing season and a high traffic area where animals may receive supplemental feeding during the grazing season.

§ 205.102 Use of the term, “organic.”

Amendment(s) published February 17, 2010, in 75 FR 7193

Effective Date(s): June 17, 2010

3. Section 205.102 is amended by revising paragraph (a) to read as follows:

§ 205.102 Use of the term, “organic.”

(a) Produced in accordance with the requirements specified in §205.101 or §§205.202 through 205.207 or §§205.236 through 205.240 and all other applicable requirements of part 205; and

§ 205.237 Livestock feed.

Amendment(s) published February 17, 2010, in 75 FR 7193

Effective Date(s): June 17, 2010

4. Section 205.237 is amended as follows:

A. Revising paragraphs (a), (b)(5), and (b)(6);

B. Adding new paragraphs (b)(7), (b)(8), (c) and (d) to read as follows:

§ 205.237 Livestock feed.

(a) The producer of an organic livestock operation must provide livestock with a total feed ration composed of agricultural products, including pasture and forage, that are organically produced and handled by operations certified to the NOP, except as provided in §205.236(a)(2)(i), except, that, synthetic substances allowed under §205.603 and nonsynthetic substances not prohibited under §205.604 may be used as feed additives and feed supplements, Provided, That, all agricultural ingredients included in the ingredients list, for such additives and supplements, shall have been produced and handled organically.

(b) * * *

(5) Feed mammalian or poultry slaughter by-products to mammals or poultry;

(6) Use feed, feed additives, and feed supplements in violation of the Federal Food, Drug, and Cosmetic Act;

(7) Provide feed or forage to which any antibiotic including ionophores has been added; or

(8) Prevent, withhold, restrain, or otherwise restrict ruminant animals from actively obtaining feed grazed from pasture during the grazing season, except for conditions as described under §205.239(b) and (c).

(1) Provide not more than an average of 70 percent of a ruminant's dry matter demand from dry matter fed (dry matter fed does not include dry matter grazed from residual forage or vegetation rooted in pasture). This shall be calculated as an average over the entire grazing season for each type and class of animal. Ruminant animals must be grazed throughout the entire grazing season for the geographical region, which shall be not less than 120 days per calendar year. Due to weather, season, and/or climate, the grazing season may or may not be continuous.

(2) Provide pasture of a sufficient quality and quantity to graze throughout the grazing season and to provide all ruminants under the organic system plan with an average of not less than 30 percent of their dry matter intake from grazing throughout the grazing season: Except, That,

(i) Ruminant animals denied pasture in accordance with §205.239(b)(1) through (8), and §205.239(c)(1) through (3), shall be provided with an average of not less than 30 percent of their dry matter intake from grazing throughout the periods that they are on pasture during the grazing season;

(ii) Breeding bulls shall be exempt from the 30 percent dry matter intake from grazing requirement of this section and management on pasture requirement of §205.239(c)(2); Provided, That, any animal maintained under this exemption shall not be sold, labeled, used, or represented as organic slaughter stock.

(d) Ruminant livestock producers shall:

(1) Describe the total feed ration for each type and class of animal. The description must include:

(i) All feed produced on-farm;

(ii) All feed purchased from off-farm sources;

(iii) The percentage of each feed type, including pasture, in the total ration; and

(iv) A list of all feed supplements and additives.

(2) Document the amount of each type of feed actually fed to each type and class of animal.

(3) Document changes that are made to all rations throughout the year in response to seasonal grazing changes.

(4) Provide the method for calculating dry matter demand and dry matter intake.

§ 205.239 Livestock living conditions.

Amendment(s) published February 17, 2010, in 75 FR 7193

Effective Date(s): June 17, 2010

5. Section 205.239 is amended as follows:

A. Revising paragraph (a), introductory text, and paragraphs (a)(1) through (3);

B. Revising paragraph (b), introductory text, and paragraphs (b)(2) through (b)(4);

C. Redesignating paragraph (c) as (e);

D. Revising newly designated paragraph (e); and

E. Adding new paragraphs (a)(5), (b)(5) through (b)(8), (c), and (d) to read as follows:

§ 205.239 Livestock living conditions.

(a) The producer of an organic livestock operation must establish and maintain year-round livestock living conditions which accommodate the health and natural behavior of animals, including:

(1) Year-round access for all animals to the outdoors, shade, shelter, exercise areas, fresh air, clean water for drinking, and direct sunlight, suitable to the species, its stage of life, the climate, and the environment: Except, that, animals may be temporarily denied access to the outdoors in accordance with §§205.239(b) and (c). Yards, feeding pads, and feedlots may be used to provide ruminants with access to the outdoors during the non-grazing season and supplemental feeding during the grazing season. Yards, feeding pads, and feedlots shall be large enough to allow all ruminant livestock occupying the yard, feeding pad, or feedlot to feed simultaneously without crowding and without competition for food. Continuous total confinement of any animal indoors is prohibited. Continuous total confinement of ruminants in yards, feeding pads, and feedlots is prohibited.

(2) For all ruminants, management on pasture and daily grazing throughout the grazing season(s) to meet the requirements of §205.237, except as provided for in paragraphs (b), (c), and (d) of this section.

(3) Appropriate clean, dry bedding. When roughages are used as bedding, they shall have been organically produced in accordance with this part by an operation certified under this part, except as provided in §205.236(a)(2)(i), and, if applicable, organically handled by operations certified to the NOP.

(5) The use of yards, feeding pads, feedlots and laneways that shall be well-drained, kept in good condition (including frequent removal of wastes), and managed to prevent runoff of wastes and contaminated waters to adjoining or nearby surface water and across property boundaries.

(b) The producer of an organic livestock operation may provide temporary confinement or shelter for an animal because of:

(2) The animal's stage of life: Except, that lactation is not a stage of life that would exempt ruminants from any of the mandates set forth in this regulation;

(3) Conditions under which the health, safety, or well-being of the animal could be jeopardized;

(4) Risk to soil or water quality;

(5) Preventive healthcare procedures or for the treatment of illness or injury (neither the various life stages nor lactation is an illness or injury);

(6) Sorting or shipping animals and livestock sales: Provided, that, the animals shall be maintained under continuous organic management, including organic feed, throughout the extent of their allowed confinement;

(7) Breeding: Except, that, bred animals shall not be denied access to the outdoors and, once bred, ruminants shall not be denied access to pasture during the grazing season; or

(8) 4–H, Future Farmers of America and other youth projects, for no more than one week prior to a fair or other demonstration, through the event and up to 24 hours after the animals have arrived home at the conclusion of the event. These animals must have been maintained under continuous organic management, including organic feed, during the extent of their allowed confinement for the event.

(c) The producer of an organic livestock operation may, in addition to the times permitted under §205.239(b), temporarily deny a ruminant animal pasture or outdoor access under the following conditions:

(1) One week at the end of a lactation for dry off (for denial of access to pasture only), three weeks prior to parturition (birthing), parturition, and up to one week after parturition;

(2) In the case of newborn dairy cattle for up to six months, after which they must be on pasture during the grazing season and may no longer be individually housed: Provided, That, an animal shall not be confined or tethered in a way that prevents the animal from lying down, standing up, fully extending its limbs, and moving about freely;

(3) In the case of fiber bearing animals, for short periods for shearing; and

(4) In the case of dairy animals, for short periods daily for milking. Milking must be scheduled in a manner to ensure sufficient grazing time to provide each animal with an average of at least 30 percent DMI from grazing throughout the grazing season. Milking frequencies or duration practices cannot be used to deny dairy animals pasture.

(d) Ruminant slaughter stock, typically grain finished, shall be maintained on pasture for each day that the finishing period corresponds with the grazing season for the geographical location: Except, that, yards, feeding pads, or feedlots may be used to provide finish feeding rations. During the finishing period, ruminant slaughter stock shall be exempt from the minimum 30 percent DMI requirement from grazing. Yards, feeding pads, or feedlots used to provide finish feeding rations shall be large enough to allow all ruminant slaughter stock occupying the yard, feeding pad, or feed lot to feed simultaneously without crowding and without competition for food. The finishing period shall not exceed one-fifth (1/5) of the animal's total life or 120 days, whichever is shorter.

(e) The producer of an organic livestock operation must manage manure in a manner that does not contribute to contamination of crops, soil, or water by plant nutrients, heavy metals, or pathogenic organisms and optimizes recycling of nutrients and must manage pastures and other outdoor access areas in a manner that does not put soil or water quality at risk.

§ 205.240 xxx

Amendment(s) published February 17, 2010, in 75 FR 7194

Effective Date(s): June 17, 2010

6. Section 205.240 is added to subpart C to read as follows:

§ 205.240 Pasture practice standard.

The producer of an organic livestock operation must, for all ruminant livestock on the operation, demonstrate through auditable records in the organic system plan, a functioning management plan for pasture.

(a) Pasture must be managed as a crop in full compliance with §§205.202, 205.203(d) and (e), 205.204, and 205.206(b) through (f). Land used for the production of annual crops for ruminant grazing must be managed in full compliance with §§205.202 through 205.206. Irrigation shall be used, as needed, to promote pasture growth when the operation has irrigation available for use on pasture.

(b) Producers must provide pasture in compliance with §205.239(a)(2) and manage pasture to comply with the requirements of: §205.237(c)(2), to annually provide a minimum of 30 percent of a ruminant's dry matter intake (DMI), on average, over the course of the grazing season(s); §205.238(a)(3), to minimize the occurrence and spread of diseases and parasites; and §205.239(e) to refrain from putting soil or water quality at risk.

(c) A pasture plan must be included in the producer's organic system plan, and be updated annually in accordance with §205.406(a). The producer may resubmit the previous year's pasture plan when no change has occurred in the plan. The pasture plan may consist of a pasture/rangeland plan developed in cooperation with a Federal, State, or local conservation office: Provided, that, the submitted plan addresses all of the requirements of §205.240(c)(1) through (8). When a change to an approved pasture plan is contemplated, which may affect the operation's compliance with the Act or the regulations in this part, the producer shall seek the certifying agent's agreement on the change prior to implementation. The pasture plan shall include a description of the:

(1) Types of pasture provided to ensure that the feed requirements of §205.237 are being met.

(2) Cultural and management practices to be used to ensure pasture of a sufficient quality and quantity is available to graze throughout the grazing season and to provide all ruminants under the organic system plan, except exempted classes identified in §205.239(c)(1) through (3), with an average of not less than 30 percent of their dry matter intake from grazing throughout the grazing season.

(3) Grazing season for the livestock operation's regional location.

(4) Location and size of pastures, including maps giving each pasture its own identification.

(5) The types of grazing methods to be used in the pasture system.

(6) Location and types of fences, except for temporary fences, and the location and source of shade and the location and source of water.

(7) Soil fertility and seeding systems.

(8) Erosion control and protection of natural wetlands and riparian areas practices.

§ 205.290 Temporary variances.

Amendment(s) published February 17, 2010, in 75 FR 7194

Effective Date(s): June 17, 2010

7. Section 205.290 is amended by revising paragraph (a) introductory text to read as follows:

§ 205.290 Temporary variances.

(a) Temporary variances from the requirements in §§205.203 through 205.207, 205.236 through 205.240 and 205.270 through 205.272 may be established by the Administrator for the following reasons:

§ 205.690 OMB control number.

Amendment(s) published February 17, 2010, in 75 FR 7195

Effective Date(s): June 17, 2010

8. In §205.690, the number “0581–0181” is removed and “0581–0191” is added in its place.

Welcome to OIA North America's New Website

Wed, 19 May 2010 09:39:00 -0500

OIA North America is pleased to announce the introduction of its new website at www.oianorth.com. While we were pleased with our old website, we found that many of our clients for organic certification were having problems accessing it because it was based on flash programing language. Some of our existing certified organic farms based in rural areas of Florida and Georgia were finding that the slow dial up speeds available to them were making it hard to access our site. So we went back to the drawing board and came up with the new site based in html. We hope that all of our certified organic farms and processors, as well as those transitioning to organic certification or seeking information about organic certification find that the new website is a little less flashy but a lot easier to use.

Some tips on using the site:

To download the forms to become certified as a USDA NOP organic grower or a USDA NOP organic processor, please go to the USDA Organic Certification page. There you will find all of the forms necessary to apply for organic certification. Additionally, if you would like a hard copy of the forms mailed to you, you can always give us a call at (352)336-5700 to request a certification packet be mailed to you.

If you are new to organic certification or just considering it and would like more information, go to our Resources page. There you will find information on a wide variety of organic certification topics.

OIA North America is a USDA accredited certifying agent under the USDA National Organic Program (NOP). Based in Gainesville, Florida, OIA North America certifies in Florida, Georgia, and throughout the United States and worldwide. If we can ever be of assistance, please let us know. We hope you enjoy the new website and find it more user friendly and heavy on resources to help you learn about organic agriculture and organic certification.