<p>NOP Accredited Certifier Training Notes – Winter 2007 Venues: EcoFarm, Asilomar Conference Center, Pacific Grove, CA – January 23, 2007 BioFach, Lowes Hotel Murkur, Nuremburg, Germany – February 15, 2007 Session A: Opening Discussion / NOP Update / Training Objectives 1) Introductions and Housekeeping 2) These training notes will be available by email after the meetings. Be sure and put your email address on the attendance list. 3) Compliance audit vs. quality system audit a) NOP is both…quality system plus proper application of NOP standards 4) Update on NOP hot topics – stay current by reading Today’s News on NOP website a) New recognition agreements b) Equivalence - No NOP equivalent programs to date i) Procedures posted on NOP website. ii) Certifiers do not make equivalence determinations. c) Dairy pasture requirements – proposed rule is under Department review. Program is unable to discuss what may or may not be in the proposed rule at this time. d) Dairy herd replacement docket – still under development. i) Currently, only herds converted under 80-20 have to source cattle from last third of gestation. Converting under 80-20 was a one-time event. ii) Herds converted using 100% organic feed may continue to do so. 5) Regulatory work for 606 petition materials is going well. We expect work to be completed and changes in regulations by June 2007. a) About 50+ petitions to put materials on 205.606 have been received and forwarded on to the NOSB handling committee for review. These will be posted on the NOP website as soon as they are processed. 6) Recognition agreements a) Scope of recognition agreements i) Authorizes recognized entity to accredit certifiers to apply NOP regulations to organic products produced or handled within that country. ii) Products may be exported to third countries and further processed for export to U.S. iii) Does not apply to certifications conducted outside of the recognized country. b) New agreements with Israel and India.</p><p>NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 1 of 10 7) Release of certifier noncompliance reports. Records created by NOP determined to be subject to FOIA, including noncompliance reports. 8) NOP policy on clones. a) Cloned animals are incompatible with OFPA and are prohibited under the NOP regulations. b) We will consult with the NOSB regarding how to deal with offspring of clones.</p><p>Session B: Applicability 9) Applicability a) Food – yes – of course. b) Fiber – yes – may have problems with processing aids for textiles. Preamble allows clothes to state made with organic cotton. c) Pet food - Yes - may be certified by the same rules as human food (NOT livestock feed) d) Fish – No – NOP does not apply to fish or sea food. ACAs may certify to other standards, but clients may not use NOP seal or reference USDA certification. e) Honey – yes – raise bees as organic from birth. Organic feed. No prohibited substances. f) Water – No – flavors may be certified. Water portion does not count. Evaluate flavors separately; must be eligible for organic. g) Personal care products – Yes – Same handling standards as certified food. All ingredients must comply with NOP. h) Soil amendments – No – no use of NOP seal on fertilizer or compost. May make statement such as “acceptable for use in certified organic operations under the NOP.” Not “USDA certified” or “NOP certified.” i) Mushrooms – yes – use crop standards. j) Greenhouse – yes – use crop standards. Working with Board on guidelines. k) Hydroponics – not prohibited – working with NOSB and ACA’s to determine applicability. Session C: Labeling 10) Labels a) Categories i) 100% organic ii) Organic iii) Made with organic [ingredients] iv) Less than 70% can only list ingredients on ingredient statement b) Check for process to review and approve labels NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 2 of 10 c) Sampling labels for compliance. Should be part of OSP review. 11) Color of seal. We will make changes in future. Requirements have not changed yet. 12) Calculating percentage of product a) 95% products are not 100% organic in subsequent calculations. Break out and calculate actual percentage of certified organic products in the formulation. 13) Certifiers may not accept affidavits regarding the formulation of products. Certifiers must have complete formulation information available for NOP review. Particularly important for pesticides, flavors, fertilizers and other regulated inputs. EPA approval for NOP is recognized. a) Formulations may not be released to public without client’s written permission. 14) Multi component packaging (Example: Macaroni and cheese - contains organic cheese sauce) a) Content of package counts as percentage for labeling. b) Less than 70% organic content can only be mentioned in the ingredient statement. c) Internal packaging may be labeled in compliance with the NOP regulations. Packaging intended to be visible from the outside would be considered part of the outside labeling. (See definition of Principal display panel, p. 13) 15) Certifier’s name on the label – private label recommendation a) NOSB recommended allowing name of certifier that certified the private labeler to go on the package, regardless of who certified the handling facility that did the actual certification.</p><p>Session D: Production and Handling 16) GE rice policy – Group discussion topic: What has been incidence of occurrence in the field? a) Does not change NOP’s 2004 statement on GMO presence. 17) Certification of water a) Can’t label plain water as organic. Not even “organic source.” b) Flavored water can be certified organic if the flavoring ingredients other than water and salt are agricultural ingredients certified under the NOP regulations. 18) Compost a) All composting of animal products must be to 205.203 (c) b) Fermented manures are treated same as raw manure. c) Aged manures are same as raw manure. 19) NOSB has recommendation out on compost tea. a) NOSB recommendations on compost tea have not been responded to by the NOP. b) Compost tea is currently still subject to 90/120 day restrictions applied to raw manure. NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 3 of 10 c) Compost of plant materials only is not included in 90/120 day restrictions on use. 20) Use of antibiotics in livestock production a) “Reconversion” of livestock after treatment is not allowed. Once organic animals leave organic management or are treated with a prohibited substance they may no longer be organic. b) Required use of medications when animals are sick. Can not deny medication to preserve organic status. 21) Reconverting animals that leave organic production is not allowed. See 205.236 (b) (1) 22) Cotton a) Cotton fiber may be certified. b) Textiles may be certified as organic if they meet NOP standards. i) Problem is often with the processing aids. ii) Non-certified organic cotton textile products may be labeled as Made with Organic [cotton], no seal; no NOP reference. 23) Personal care products a) Same standards as certified food. All ingredients must comply with NOP handling standards. b) Check for preservatives in aloe vera products. c) Check for 70% organic in soaps. Sodium Hydroxide content may make it close on being a “made with” product. 24) Dairy herd conversion a) 80-20 conversion must be complete by June 9, 2007. b) Check to see if documents from the first 9 months of 80-20 conversion are checked (producer onsite visit) c) 2-track system is still intact (for now). Any operations that converted under 80-20 must only source animals that were organic from the last third of gestation after 80-20 was complete. This applies to purchased animals as well. Further complicated by farms that are transitioning and purchasing organic animals that leave an organic operation and go onto a transitioning farm. d) Removing and reconverting – not possible under livestock standards. Once removed they may not be brought back in. e) Review dairy conversion chart. 25) Organic seeds a) Must be used unless not commercially available. ACA must verify no availability. b) Must be used for cover crops, too. Not considered an “input” that can be conventional. c) OMRI seed listing. www.omri.org NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 4 of 10 d) Treated seed issues. 26) Reference to OMRI list for certification purposes is not sufficient. i) OMRI is not currently supervised or evaluated by NOP. 27) Livestock feed – applies to animals raised for food or fiber. a) All agriculture components must be organic. i) Molasses in feed blocks must be organic. Argument that molasses are part of a “supplement” and supplements do not have to be organic is not valid. b) See how dairies are using pasture as a percentage of feed for 80-20. Review on a daily dry-matter basis or as-fed basis. c) Group discussion: How would certifiers regulate 30% dry matter in ruminant rations? i) How would it be documented in an OSP? ii) How would it be verified during an onsite visit? iii) Would failure to demonstrate daily compliance with the 30% DMI requirement be cause for denial or revocation of certification. 28) Pet food a) Pet food is not livestock feed, unless the pet is going to be consumed for food or fiber. (See definition of livestock, p. 10) b) Pet food must meet organic handling and labeling standards. i) Livestock feed standards in 205.237 apply only to animals raised for food or fiber to be certified. ii) AAFCO requirements may not meet NOP handling and materials requirements. 29) Mandatory spraying or seed treatments only applies to U.S. government requirements.</p><p>Session E: Materials – National List 30) Materials 205.600 – Criteria for getting on list. Certifiers do not create their own lists of synthetics. 205.601 – Synthetics allowed for crops 205.602 – Naturals prohibited in crops 205.603 – Synthetics allowed in livestock production 205.604 – Naturals prohibited in livestock production 205.605(a) – Non-Ag, nonsynthetic materials allowed in processing 205.605(b) – Non-ag, synthetic materials allowed in processing</p><p>NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 5 of 10 205.606 – Agricultural, non-organic materials allowed in processing when not commercially available in organic form. 31) New materials added to National List on Sept 11, 2006 32) Use of materials that have been petitioned or recommended by NOSB are not allowed yet. 33) List 4 inerts and some List 3 – limited to use in pesticides. EPA may change listing system soon. 34) Tank mixing materials – 2 approved synthetics. NOSB discussion on the synthetic vs. nonsynthetic issue. Okay for now. 35) EPA Program for registering pesticides http://www.epa.gov/oppbppd1/biopesticides/regtools/organic- pr-notice.htm 36) 606 materials, June 9, 2007 end of unlisted minor ingredients. Note use of any minor ingredients that are not on 205.606. 37) Flavors –Refer to definition of nonagricultural to make determination on ag/non-ag. A substance that is not a product of agriculture, such as a mineral or a bacterial culture, that is used as an ingredient in an agricultural product. For the purposes of this part, a nonagricultural ingredient also includes any substance, such as gums, citric acid, or pectin, that is extracted from, isolated from, or a fraction of an agricultural product so that the identity of the agricultural product is unrecognizable in the extract, isolate, or fraction. Broad definition of “nonagricultural” has kept many flavors in 605(a). a) Natural flavors are not affected by 606 activities and may stay on 205.605(a). b) Certifiers are responsible for reviewing processing of 205.605(a) flavors to make sure they are derived from natural ingredients and were not prepared with synthetic solvents. We do not accept affidavits as the only form of demonstrating compliance. Trust but verify; NOP is not a self- certification program. Certifiers must review actual process documentation and see a list of ingredients and solvents. Regulations forbidding the release of proprietary information without the written permission of the client apply. c) Flavors that are made of agricultural ingredients and processed in compliance with the regulation may be certified. 38) Processing aids must be certified organic or on 205.605. Use of non-organic processing aids knocks products out of 100% category, even if they do not remain in the product. Example: DE or cellulose as a filtering aid. 39) Use of propane in pest control is not approved. Propane is a prohibited substance. a) NOP does not see this as synonymous to flaming weeds. Not acceptable under 205.207(c) (5) (flame, heat, or electrical means). b) Only NOSB has the authority to approve use of a synthetic in a particular application NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 6 of 10 c) Approved materials are already available for rodent control. Also cultural means. d) Presented in training last year. Record as noncompliance. </p><p>Session F: Certification 40) Organic Systems Plans a) Seeing absence of crop rotation plans in some certifiers. b) Protection of water and other natural resources. Bank erosion control. Protection of water from depositing fecal material. 41) Certification process a) Provide information (without consulting can be tricky) b) Review application and organic systems plan. c) Approve for adequacy or return for corrections. Provide enough information for the client to make necessary corrections, but do not provide solutions (consulting) d) Conduct inspection i) Only after OSP is complete and approved. Inspectors may not provide consulting or make editorial changes to OSP during onsite. ii) Inspection must be done during a time period when compliance may be observed. Discussion: Do clients have the right to cancel or reschedule an onsite inspection due to busy periods? Not really. Onsite inspections may be unannounced. iii) May delay up to 6 months to provide timing to see crop in ground. Certification is not to be issued until onsite has been completed and certification decision has been made. 6 month delay cited in the regulations allows them to wait until there are farming activities going on; it does not allow them to review an OSP, issue certification, and then inspect whenever they get the time. iv) Some certifiers appear to be exceeding their administrative capacity. Do not take on more clients if you are not able to provide service according to the regulations. e) Review and comment on audit findings f) Make certification decision. Must be decided by someone other than the person that conducted the onsite inspection. g) Issue certificate i) Certificate is not issued until the end of the process. ii) Not issued before onsite inspection.</p><p>NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 7 of 10 iii) May approve organic systems plan for operation and then issue certificate for that production if appropriate. 42) Certificates a) Required information i) Name and address of operation ii) Effective date of certification iii) Categories of operation iv) Name, address, phone number of certifying agent b) Expiration dates – expiration dates may apply to certificate (only as a document control mechanism) but not the certification itself. Need clear statement that certification is valid until suspended, surrendered or revoked. c) NOSB is working on a standard format. Not ready for publication yet. 43) Noncompliance process a) Reporting via return receipt system b) Notification of NC before proposed suspension or revocation. c) Reinstatement process review 44) Grower groups a) Grower groups are fine, but all sites have to be inspected per 205.403 i) Group discussion: Comparing grower groups to large, single certified operation with several plots. All sites visited but reports, closing meetings, etc. only done once. ii) NOSB recommendation regarding grower groups had not been incorporated into guidance or regulations. b) Same policy would apply to other “group” certifications, such as voluntary certification of retail chains; all sites must be inspected.</p><p>Session G: Accreditation 45) Audits will be risk-based and focus on priorities: a) Qualification of certifiers b) Control of chapters, sister organizations, subcontractors c) Labeling control d) Traceability to NOP certification; not IFOAM or EU standards e) Dairy herd conversion and certification f) Organic systems plans NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 8 of 10 g) Crop rotations h) Grower group certification i) Conflicts of interest – consulting 46) Mandatory reporting a) Annual updates b) Lists of certified operations 47) ACA qualifications i) Education – not necessarily college, but appropriate education for position ii) Training – relevant training. Training as a crops specialist would not qualify for a livestock inspector. iii) Experience – positive experience. May need to call and verify that performance was acceptable in the position noted. (1) Acceptable: Experience in current position in an accredited ACA (2) Unacceptable: Experience in a position where you were dismissed for cause or poor performance. 48) Subcontracting certification responsibilities a) Must include in program documentation b) ACA is responsible for performance and noncompliances 49) Conflicts of interest a) Organizational i) Board members certified by ACA (1) Function of board – advisory boards are usually not a problem. (2) Control of funds - conflict (3) Hiring authority - conflict ii) Consulting services provided by ACA parent organization - conflict b) Individual i) Outside employment conflicts – consulting ii) Membership in cooperatives certified by the ACA</p><p>Session H: Online References USDA NOP website: www.ams.usda.gov </p><p>NOP Document List: http://www.ams.usda.gov/nop/NoticesPolicies/MasterList.html NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 9 of 10 Online version of NOP regulations: http://www.access.gpo.gov/nara/cfr/waisidx_06/7cfr205_06.html </p><p>Alcohol labeling guide: http://www.ams.usda.gov/nop/ProdHandlers/AlcoholLabel.htm </p><p>Recognition agreements: http://www.ams.usda.gov/nop/NOP/Trade.html </p><p>OMRI website: http://www.omri.org/ </p><p>OMRI seed list: http://seeds.omri.org/ </p><p>EPA website: http://www.epa.gov/oppbppd1/biopesticides/regtools/organic-pr-notice.htm </p><p>List of Inert Ingredients: http://www.epa.gov/opprd001/inerts/lists.html </p><p>USDA NOP Today’s News: http://www.ams.usda.gov/nop/TodaysNews.html </p><p>NOP Accredited Certifiers Meeting and Training Session Notes – 2007 Page 10 of 10</p>