UNITED STATES

Comment on additions to the Origin of Livestock proposed rule
The proposed rules for the Origin of Livestock, first released for public comment in 2015, now have new specific provisions, and comments are reopened. Specifically, USDA asks whether or not the final rule should prohibit organic dairy operations from acquiring transitioned dairy animals to expand herds or replace animals to produce organic milk. In addition, USDA seeks comment on whether the final rule should use the term “operation” to describe the regulated entity, rather than the term “producer”. Three other topics for comment include the implementation timeframe, the accuracy of the cost and benefit estimates in the Regulatory Impact Analysis, and if the rule should include any additional exceptions to the one-time transition requirement.

Use the Federal Register to comment on Docket Number AMS-NOP-11-0009 by July 12, 2021.
 
Proposed legislation would require timely response from USDA on NOSB recommendations
On April 30, a bipartisan group of Congressional Representatives introduced the Continuous Improvement and Accountability in Organic Standards Act (CIAO), which would require the US Department of Agriculture (USDA) to advance and implement recommendations from the organic industry in a timely manner and to ensure the continuous improvement of organic standards. The bill requires USDA to:

• Create an Organic Improvement Action Plan for handling the backlog of industry NOSB recommendations that have not been implemented.
• Issue a final rule implementing new NOSB recommendations within two years
• Report annually to Congress on whether accredited third-party certifiers have implemented new rules and guidance, and identify any inconsistencies found.

The National Organic Standards Board supported the move, as did many organizations including American Sustainable Business Council, Environmental Working Group, National Farmers Union, National Latino Farmers and Ranchers Trade Association, Organic Trade Association, Organic Farmers Association, and the Accredited Certifiers Association. More. 
 
NOP offers resources in Spanish
A new resource for Spanish-speaking members of the organic community is now available online. The website includes Spanish translations of the Organic Foods Production Act, organic regulations, the National Organic Program Handbook, and more.
 
Livestock practices lawsuit sees new deadline for joint report
US District Court for the District of Columbia extended the deadline for a joint status report in the Organic Trade Association’s case against the USDA over the agency’s withdrawal of the  Organic Livestock and Poultry Practices (OLPP) rule. The two sides jointly requested the extension until May 21 to allow for continued discussions on the litigation. More.
 
Updated NOP reports tally enforcement cases and results
In its most recent quarterly report, the NOP has 417 enforcement cases in progress as of March 31, 2021. The majority of those cases (63%) involve allegations of uncertified operations making organic claims. The second largest category (17%) is allegations of fraud. From April 1, 2020 to March 31, 2021, NOP has closed 449 cases. The most common outcome, representing 47 percent of closed cases, is voluntary compliance, followed by 22 percent of cases which result in finding no violation. In addition, its Annual Organic Oversight and Enforcement Report revealed that most complaints in 2020 were resolved either through voluntary compliance, or a finding of no violation. In 2020, there were 676 operations in 45 countries that lost certification through suspension or revocation. The report also outlines livestock compliance results, certifier training and oversight, interagency cooperation efforts, organic imports, and more.
 
NOP issues call for Human Capital Capacity Building Projects
To address the shortage of well qualified organic inspectors and reviewers, improve oversight capacity, and continue to ensure integrity in the organic market, the National Organic Program will fund up to six one-year capacity building projects to expand the pool of organic inspectors, reviews and other professionals. Projects should begin in late summer or early fall 2021. Successful applicants will work collaboratively with NOP to implement their project proposals. Projects must be done via cooperative agreements through non-profit organizations. Applications are due July 2.
 
Organic farmer nominated as USDA Under Secretary
Jenny Lester Moffitt, Undersecretary at the California Department of Food and Agriculture has been nominated as USDA Under Secretary for  Marketing and Regulatory Programs. Earlier in her career, she spent 10 years managing her family’s organic walnut farm and processing operation. The Senate must confirm her nomination.
 
Apply for the National Organic Standards Board
USDA seeks nominations for four open seats on the 15-member National Organic Standards Board. The NOSB considers public comments and makes recommendations on the National List of Allowed and Prohibited Substances; and other topics related to organic agriculture. Members serve five-year terms and represent specific sectors of the organic community. Open seats are for representatives from: organic farming operations, environment and resource conservation, public interest or consumer interest organization, and toxicology, ecology, or biochemistry. Nominations are due June 1. Details.