UNITED STATES

NOP to rewrite proposed origin of livestock rule
Deputy Administrator of the Agricultural Marketing Service National Organic Program Dr. Jennifer Tucker announced that the NOP plans to rewrite and publish another proposed rule on the origin of livestock. She said legal review prompted the decision, and issues to be resolved include who is being regulated (producers or operations), movement of transitioned cows, and how the regulation relates to the Organic Foods Production Act. Congress mandated the creation of the final rule as part of the FY20 appropriations bill.

Meanwhile, a coalition of organic dairies, organic business trade groups, and certification organizations urged the Secretary of Agriculture, via a letter sent October 30, to move ahead with the proposed rule without another rewrite and public comment period. The group cited the section of the appropriations act from nearly a year ago, which directed the Secretary to issue a final rule within 180 days. In addition, they stressed that the proposed rule has broad general support from industry and the public.

US Senate released FY 2021 appropriation bills
In the Appropriations Bill for Fiscal 2021, the United States Senate included $18 million for the National Organic Program, up $2 million from the previous year and the same as in the House appropriations bill. Other funding for organic includes $6 million for the Organic Transitions Research Program—level funded from last year, but $1 million less than the House bill; and $500,000 supplemental funding for the Organic Data Initiative to expand price reporting and data collection. The House bill did not include this data initiative funding.
 
The Senate’s report also expresses disappointment that the USDA has not completed rulemaking on the origin of livestock and directs USDA to finalize the rulemaking as soon as possible. In addition, the Senate stated its concern that the Department provided inaccurate estimates on the available unused funding for the National Organic Certification Cost- Share Program during the development of the Agriculture Improvement Act of 2018, which is leading to a funding gap for farmers. The Committee asked for a report on how USDA will resolve inconsistencies in supplying Congress with estimates on funding available for the OCCSP and other Farm Bill programs. Read the Senate’s report or the bill.
 
National Organic Standards Board discusses sanitizers
The National Organic Standards Board met November 12 via Zoom for a panel discussion of sanitizer materials. Three panelists, Bob Durst, from the Linus Pauling Institute; Dr. Joseph Morelli, corporate scientist for Ecolab; and Dr. Angela Anandappa, executive director of Alliance for Advanced Sanitation, made brief presentations then the bulk of the two hour session was devoted to questions from the board members. Panelists discussed the difference between cleaning and sanitizing, and emphasized that proper cleaning is important. It was clarified that just about any substance could be used for cleaning under the NOP Rule because cleaners are rinsed away so that no residues are left behind. Sanitizers, on the other hand, are not rinsed away, as rinsing or removal could reintroduce pathogens.
 
Another topic was the difference between resistance (genetic mutation that renders the sanitizers ineffective), versus persistence of antimicrobials because they are simply less susceptible to the sanitizer versus a change to the composition of the microflora. Dr. Morelli emphasized that beyond looking at the chemistry of the materials, it is important to look at the specific application of the materials during their evaluation, as the balance of which evaluation criteria are most important could change. Dr. Anandappa highlighted the need for two or three materials to cover each sanitizing need, so that it would be possible to rotate products if microbes persisted or formed biofilms, which are difficult to completely remove.
 
One suggestion was developing a hierarchy of materials from those most closely meeting all the environmental and human health goals of organic systems to those less closely aligned with organic criteria, somewhat similar to the way pests are handled in integrated pest management systems. If the need for different sanitizers escalates suddenly, perhaps there could be pre-approvals from certifiers based on such a hierarchy. Part of the evaluation of materials might be more specificity about the need for the material, plus ways that the new material drives continual improvement toward the objectives of organic systems. The board thought creating a flow chart or decision tree that considers the need for rotation and back-up materials might be useful as well.
 
The board will continue to work on how to better evaluate sanitizers for organic systems, and a recording of the meeting will be posted online.
 
Organic learning center adds material review course
USDA’s Organic Integrity Learning Center now offers a free course in Input Material Review. Developed with the Organic Materials Review Institute, the course covers fundamental material review principles, organic regulatory requirements, and resources for making informed decisions and uses real-world examples from crops, livestock and handling.
 
Final rule adds tamarind seed gum to National List
Effective December 7, 2020, non-organic tamarind seed gum will be allowed as an ingredient in organic handling when an organic form is not commercially available according to a final rule published November 5. The National Organic Standards Board recommended adding tamarind seed gum as an allowed nonorganic agricultural ingredient to § 205.606 of the National List during its October 2018 public meeting. Other materials changes recommended at that meeting are not going forward at this time. AMS is not finalizing the proposed amendments for blood meal with sodium citrate or natamycin, based in part on new information that came to light in public comments.
 
Proposed rule would add to traceability requirements for herbs
The Food and Drug Administration has proposed a rule on “Requirements for Additional Traceability Records for Certain Foods.” The changes are designed to help prevent or mitigate foodborne illness outbreaks through improved traceability. American Herbal Products Association reports that under the proposed rule, the creator or first receiver of listed foods would be required to create a lot-specific “traceability lot code” for the food. This code would then follow the lot through the supply chain until a documented kill step is applied or the lot enters retail sale. Other companies that handle, ship, receive or transform the food throughout the supply chain would also be required to maintain additional records depending upon their operations. Fresh herbs are among the foods listed for the new requirements. Comment on Docket No. FDA-2014-N-0053 by January 21, 2021.