March 23, 2012 Lisa Brines, PhD National List Manager USDA/AMS/NOP, Standards Division 1400 Independence Ave. SW Room 2646-So., Ag Stop 0268 Washington, DC 20250-0268 Dear Dr. Brines, Thank you for accepting our petition dated 1/19/2012. We acknowledge your reference to Section 2109 of the Organic Foods Production Act of 1990 (OFPA) that requires plastic mulches be removed at the end of the growing or harvest season [7 U.S.C. 6508]. In order to clarify our petition and directly address this requirement in OFPA, we request that the enclosed revised Biodegradable Mulch Film Made From Bioplastics petition and justification statement replace the previously submitted plastic mulch petition. In 1990, when plastic was referenced in OFPA it was not equivalent nor intended to reference biodegradable mulch film. Predominantly plastic mulches, as referenced in OFPA, are made from traditional petroleum-based plastics, such as polyethylene since biodegradable mulch films made from bioplastics were not commercially available at the time. Polyethylene is a polymer joined by carbon-to-carbon bonds, which are resistant to biological digestion by almost all organisms and their enzymes, because there is no other functional group on the polyethylene chain that would give the enzyme ‘purchase’ so it could do its work. In contrast, the bioplastics being petitioned are polyesters, polymers formed by the reaction of a hydroxyl group and a carboxyl group. The natural world is full of ester linkages. Living cells and organisms have developed enzymes to hydrolyze the ester linkage. Examples of natural esters are fats and oils, where three fatty acid molecules are esterified to glycerol/glycerin; natural waxes, where long-chain alcohols are esterified to a fatty acid; and some natural flavors, such as banana flavor, n-amyl acetate, an ester of n-amyl alcohol and acetic acid. Biodegradable mulch films made from bioplastics are the subject of this petition. The restriction within OFPA to remove plastic mulch at the end of each growing or harvest season should not be applicable to biodegradable films because these are not the plastics referenced in the law. By definition and intention, a biodegradable mulch film is substantially biodegraded by the end of the growing season or by the beginning of the following growing season, so its removal would be difficult and may be physically impossible. We believe that this revised petition should provide the National Organic Standards Board, the National Organic Program and the stakeholders in the organic community with the necessary clarification and explanation of biodegradable mulch film made from bioplastics and how these materials are compatible with the principles of organic agriculture and satisfy the criteria for the National List, as well as how these materials meet the requirements of OFPA and the National Organic Program Rules. Biodegradable Products Institute (BPI) represents the major manufacturers of biodegradable films in the United States. We are available to provide any additional information that is needed to complete your review process and recommendation. Sincerely, Steven Mojo Steven A. Mojo - Executive Director Biodegradable Products Institute Direct: (800) BPI-LOGO (274-5646) E-mail: [email protected] §205.601 Biodegradable Mulch Film Made From Bioplastics Petition INTRODUCTION Plastic films have been used as mulch in vegetable production since the 1950s. Predominantly, these are made from traditional plastics, such as polyethylene. As mulch, plastic films have served many functions, such as weed prevention, moisture retention and to raise soil temperatures, all of which contribute to higher crop quality. Many organic vegetable farmers rely on plastic mulch for weed control, moisture retention, and soil warmth. At the end of the growing season it must be pulled and thrown out, which adds trash to landfills, takes a lot of time, and delays cover cropping. Unfortunately, plastic mulch is often made from a non-renewable resource and has disposal issues. “There is estimated to be 100-120 lb/acre of un-recyclable, petroleum-based waste that farmers must pay to landfill at season‟s end. Soil and crop residue on the recovered plastic have made recycling impractical to date. (Grantham, 2011)” In 1999, more than 30 million acres of agricultural land worldwide were covered with plastic mulch, and those numbers have been increasing significantly since then. In today‟s world, characterized by new “green” technologies and materials that may help to reduce or control waste generation and disposal, there is substantial drive for commercial manufacturers to develop biodegradable films to be used as mulch. These biodegradable films are produced from bioplastics and meet standards for aerobic biodegradation in soil. These bioplastics are comprised of structural units which may be easily broken down into carbon substrates by soil microorganisms. Under aerobic conditions, these microorganisms are able to utilize the carbon substrates as a food source. This metabolism of the carbon substrates ultimately results in two simple compounds – carbon dioxide and water. These biodegradable mulches provide numerous advantages over the traditional polyethylene plastic films - the most notable being the elimination of the need to remove them from the fields at the end of the growing season. Since the soil microorganisms completely assimilate the polymers used to make these films, these mulches can be simply tilled into the soil to naturally degrade, a process that takes less than 2 years. This saves considerable costs in labor, transport and landfill disposal. ITEM A When the OFPA was enacted on November 28, 1990, the universal plastic mulch in the United States was polyethylene plastic. Polyethylene plastic mulch, although recognized as a beneficial tool on organic farms, does not break down and enrich the soil. It is for this reason that OFPA contained Sec. 2109(c)(2) [7 U.S.C. 6509]: “(c) Crop Management. – For a farm to be certified under this title, producers on such farm shall not – (2) use plastic mulches, unless such mulches are removed at the end of each growing or harvest season.” But removal and disposal of polyethylene plastic has negative environmental, social and economic impacts. The problems of polyethylene plastic removal and disposal stimulated research and development on biodegradable mulch films with equivalent efficacy to polyethylene plastic mulch. The culmination of a half-century of research and development is the biodegradable films that are the subject of this petition. 1 §205.601 Biodegradable Mulch Film Made From Bioplastics Petition Polyethylene is a polymer joined by carbon-to-carbon bonds, which are resistant to biological digestion by almost all organisms and their enzymes, because there is no other functional group on the polyethylene chain that would give the enzyme „purchase‟ so it could do its work. In contrast, the bioplastics being petitioned are polyesters, polymers formed by the reaction of a hydroxyl group and a carboxyl group. The natural world is full of ester linkages. Living cells and organisms have developed enzymes to hydrolyze the ester linkage. Examples of natural esters are fats and oils, where three fatty acid molecules are esterified to glycerol/glycerin; natural waxes, where long-chain alcohols are esterified to a fatty acid; and some natural flavors, such as banana flavor, n-amyl acetate, an ester of n-amyl alcohol and acetic acid The National Organic Program (NOP) Rule at §205.2 defines “Mulch” as “any nonsynthetic material, such as wood chips, leaves, or straw, or any synthetic material included on the National List for such use, such as newspaper or plastic that serves to suppress weed growth, moderate soil temperature, or conserve soil moisture.” §205.206 permits, as part of the “Crop pest, weed, and disease management practice standard,” that “(c) Weed problems may be controlled through: (1) Mulching with fully biodegradable materials; (2) Mowing; (3) Livestock grazing; (4) Hand weeding and mechanical cultivation; (5) Flame, heat, or electrical means; or (6) Plastic or other synthetic mulches: Provided, That, they are removed from the field at the end of the growing or harvest season.” §205.203 of the Rule establishes, as part of the “Soil fertility and crop nutrient management practice standard,” that “(d) A producer may manage crop nutrients and soil fertility to maintain or improve soil organic matter content in a manner that does not contribute to contamination of crops, soil, or water by plant nutrients, pathogenic organisms, heavy metals, or residues of prohibited substances by applying: (5) A plant or animal material that has been chemically altered by a manufacturing process: Provided, That, the material is included on the National List of synthetic substances allowed for use in organic crop production established in Sec. 205.601.” The National List at §205.601(b)(2) includes, among the synthetic substances that may be used in organic crop production (provided that use of such substances do not contribute to contamination of crops, soil, or water), ”Mulches” and lists two specifically: (i) Newspaper or other recycled paper, without glossy or colored inks. (ii) Plastic mulch and covers (petroleum-based other than polyvinyl chloride (PVC)). 2 §205.601 Biodegradable Mulch Film Made From Bioplastics Petition This petition seeks inclusion of Biodegradable Mulch Film Made From Bioplastics1 on the National List at §205.601(b) as a synthetic substance allowed