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Comments Filed

The Organic Trade Association has filed public comments on the following list of proposed requirements, policies, and guidance. For comments to the National Organic Standards Board, please visit our dedicated NOSB webpage.

Market Development for Mushrooms and Pet Food

On May 10, 2024 OTA filed comments to the National Organic Program (NOP) on NOP's proposed Market Development for Mushrooms and Pet Food. OTA believes the regulatory language provides clarity regarding some of the unique characteristics of mushroom production. However, we see the need for greater clarity to ensure definitions and standards are inclusive of all fungi-related products, and are not limited only to mushrooms, the fruiting bodies of fungi. Our comments also included the need for differentiation between mushroom production and the production of products in which mycelium is the primary ingredient. It is OTA’s understanding that the lack of clear production and labeling standards for pet food has hindered the growth of the organic pet food market.

Read our full comments. 

Preventing misleading “organic” claims

On April 24, 2023 OTA filed comments to the Federal Trade Commission (FTC) on updating its Guides for the Use of Environmental Marketing Claims ("Green Guides"). FTC requested public feedback about "organic" claims made on non-agricultural (non-food) products and whether the Green Guides should be updated with guidance to prevent misleading labeling claims. OTA’s comments emphasized not only the need to update the Green Guides but also the need for FTC enforcement action on the inaccurate, misleading, or fraudulent use of the term “organic” on products that fall outside the United States Department of Agriculture’s (USDA) National Organic Program (NOP) scope of enforcement. Our comments include background, extensive research and detailed recommendations reflecting our long-standing position and established Best Labeling Practices for Textiles and Personal Care Products and our position on Herbal (Dietary) Supplements. Failure to enforce the use of the term "organic" on all products creates consumer confusion, can be misleading, and can lead to consumers mistrusting the integrity of the word "organic.” This ultimately dilutes the meaning of the USDA organic seal.

Direct link to our comments in here

Read our full comments. 


Comments filed on Inert Ingredients in Pesticides

OTA submitted comments on USDA National Organic Program's (NOP) Advanced Notice of Proposed Rulemaking (ANPR) on Inert Ingredients in Pesticides for Organic Production on December, 23, 2022. Inert ingredients are necessary for manufacturing pesticide products used by organic crop and livestock producers for pest control when preventive management practices have failed. OTA’s comments were informed by a member Task Force that explored options for modernizing the system for reviewing inert ingredients and replacing the obsolete regulatory references on the NOP National List.

Read our full comments. .

Ensuring Food Safety of Agricultural Water on Produce

FDA proposed an amendment to the requirements for pre-harvest agricultural water for produce (other than sprouts) of the Produce Safety Rule under the Food Safety Modernization Act. OTA’s comments, submitted on April 5, 2022, verified that the amendments did not conflict with or duplicate the requirements of USDA Organic certification. We also raised concern that the rule’s ambiguity may present challenges to producers and called for FDA to dedicate resources, tools, and technical assistance to help organic operations understand and comply with FDA’s final rule.

Read our full comments. 

Allowing Paper-Based Planting Aids 

USDA's National Organic Program (NOP) proposed an amendment to the NOP regulations to formalize and clarify the allowance of paper-based crop planting aids (including paper pots, seed tape, and collars) under a new definition that sets minimum composition requirements for biobased and cellulose content. OTA submitted comments on April 4, 2022, in support of the proposal and agreed with the NOSB and NOP conclusions that the use of these materials is consistent with organic farming principles and is necessary for use in organic operations from small to commercial scales of production, due to the absence of natural alternative products and management practices that would achieve the equivalent level of efficiency, crop quality, and waste reduction.

Read our full comments. 

Upcoming Issues for Spring 2022 NOSB Meeting 

OTA submitted comments on April 1, 2022, addressing multiple topics for the Spring 2022 NOSB Meeting. Our comments address a variety of issues including Restricting the use of Highly Soluble Nitrogen Fertilizers in crop production, Clarifying the use of cell and protoplast fusion in seeds used in organic agriculture, strengthening NOP Risk Mitigation when accrediting certifiers, and more. OTA will provide oral comments next week, and the public NOSB Meeting will take place on April 28-30 via online webinar.

Read our full comments. 

Prioritizing NOP Rulemaking on Organic Standards

On March 30, 2022 OTA submitted comments to USDA's National Organic Program (NOP) on how to prioritize the backlog of NOSB Recommendations for organic practice standards such as greenhouse/container production, mushroom production, and strengthening organic seed usage. Our comments urged NOP to prioritize capacity-building for ongoing development and implementation of standards, and to devote additional resources and staffing exclusively to standards writing and development. We also presented a multi-stage action plan (developed by OTA’s Task Force) to advance all outstanding recommendations over a reasonable timeframe by grouping multiple NOSB recommendations in single recommended regulatory actions to ensure efficient and resourceful rulemaking.

Read our full comments. 

Comments filed on National List Amendments

On October 25, 2021 our regulatory staff submitted comments to the National Organic Program (NOP) on its proposed rule to remove several inputs and ingredients from the National List of Allowed and Prohibited Substances currently allowed for various uses in organic crop production, livestock production, and handling/processing. The proposal is in response to recommendations made by the National Organic Standards Board (NOSB) as part of the Sunset Review process. Example substances up for removal include Sucrose Octanoate Esters (crop production), Oxytocin and Procaine (livestock production), and Alginic Acid, Colors, Kelp, Turkish Bay Leaves and Whey Protein Concentrate (Processing). Our comments were largely consistent with the NOSB’s recommendations. We also requested a 12-month implementation period for crops and livestock, and a 24-month implementation period for handling be included to allow industry time to comply. 

Read our full comments

OTA files comments on Meat and Poultry Processing Infrastructure 

OTA submitted comments on August 30, 2021 in response to a USDA request for comments on Investments and Opportunities for Meat and Poultry Processing Infrastructure. OTA’s comments highlight the importance of focusing on the organic sector and identifies specific areas of investment in processing and distributing infrastructure, market development, technical assistance, risk management, and standards development.

Read our full comments

Again, to USDA: act now on Origin of Livestock 

In final comments submitted July 12, 2021, the Organic Trade Association urged the U.S. Department of Agriculture to move expeditiously to complete rulemaking that will ensure a level playing field for all organic dairy producers, support consumer confidence, and strengthen organic integrity. In our comments, we advocated for rulemaking that clarifies and narrows the allowance for transitioning dairy animals to organic milk production as a one-time event.The National Organic Program reopened the public comment period for a third time on May 12 for the Origin of Livestock proposed rule originally published in 2015. Over 2,250 comments were submitted to USDA during the original comment period for the proposed rule and a second comment period in 2019. Over 500 comments were submitted during this latest comment period, with organic dairy farmers, processors and retailers, advocacy groups, and consumers continuing to voice strong and unified support for the rule. The Organic Trade Association thanks its Origin of Livestock Task Force and organic dairy producers for their continued dedication to seeing this rule through. From small family farms to some of the largest organic dairies and companies in the world, the organic dairy industry remains united and committed to strong and consistent standards. Learn more about the Origin of Livestock proposed rule here. 

OTA Calls on USDA to Invest over $300 million in Organic

June 21, 2021 OTA submitted comments to USDA as part of their Build Back Better Initiative to shape how to spend $5 billion in funding authorized by Congress to increase the durability and resilience of the U.S. food supply chain post-pandemic. OTA called on USDA to invest at least $300 million in supporting organic to transform our food system including $50 million to support transition to organic, $50 million in technical assistance resources, $100 million in organic food purchases for federal nutrition programs, $100 million for companies to increase organic processing and infrastructure, and $5 million in annual funding to support organic exports. This comes on the heels of USDA’s recent announcement to include up to $20 million in additional funding for organic certification cost-share, $700 million for workforce safety grants, and $55 million in grants to expand meat-processing capacity. OTA also highlighted the importance of organic certification continuity, workforce safety and availability, organic standards development and policy improvements to crop insurance, loan programs, and cost-share.

Read our full comments

Comments filed on National List Amendments

May 24, 2021 Organic Trade Association submitted comments to the National Organic Program (NOP) on three proposed amendments to the National List for substances used in organic production and handling. The proposals address Fatty Alcohols (for sucker control in tobacco production), Potassium Hypochlorite (as an irrigation water treatment), and Dairy Cultures (removing duplicate listing and folding allowance under existing “microorganisms” listing for handling). The proposed rule is the result of recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board (NOSB).

Read our full comments

USDA Climate-Smart Agriculture Comments Filed

In response to President Biden’s Executive Order on Tacking the Climate Crisis at Home and Abroad, USDA published a request for public comment to collect stakeholder input on a climate-smart agriculture and forestry strategy. The Organic Trade Association submitted comments on April 29, 2021 incorporating ideas and feedback from the Climate Change Task Force, using the OTA Board’s Ten Guiding Policy Principles, focusing on three of the four requested topic areas: (1) Climate-Smart Agriculture and Forestry, (2) Biofuels, Wood and Other Bioproducts, and Renewable Energy, and (4) Environmental Justice and Disadvantaged Communities.

Organic’s climate change mitigation and adaptation outcomes should be enhanced through strategic public-private partnerships at USDA. The establishment of a federal Organic Transition Program, expansion of Research and Technical Assistance, improved Risk Management tools, Market and Infrastructure development, improved Equity and Access to climate-smart foods, Conservation, and Ecosystem Services and Carbon Markets. Read the full comments here.

Read our full comments

Comments to the Senate Democrats’ Special Committee on the Climate Crisis

On June 19, 2020 OTA submitted comments to the Senate Democrats' Special Committee on the Climate Crisis: Thank you for providing the opportunity to offer policy recommendations to address the impacts of climate change. Climate change poses an existential threat to our world and bold policy solutions are needed to mitigate the impacts and help farmers and communities adapt to the changing climate. Our comments and recommendations are focused on reducing pollution and greenhouse gas emissions and maximizing carbon storage in agriculture as well as helping farmers adapt to the changing climate.

Read our full comments

Advocating for organic value in farmer financial relief program

The Coronavirus Food Assistance Program (CFAP), implemented through final rulemaking on May 21, 2020, is an important program to provide financial relief to farmers who have been negatively impacted by the effects of the coronavirus pandemic. However, the CFAP payment calculation does not take into account the full value of organic products. The Organic Trade Association filed a comment on June 22, 2020 to urge USDA to take into account the increased cost of production for organic farmers, and cover market losses outside of commodity price declines when calculating direct payments as part of CFAP. The trade association also encourages USDA to explore alternative payment calculations that can accommodate the increased diversity of crop and livestock products on organic farms, and to extend the timeframe during which the price declines are calculated so that longer-terms impacts of the pandemic can be eligible for financial relief.

Organic Trade Association Again Refutes USDA claim that Costs of Animal Welfare Rule Exceed Benefits

The Organic Trade Association on May 26, 2020 soundly invalidated the Department of Agriculture’s economic analysis of the benefits of the Organic Livestock and Poultry Production (OLPP) final rule, proving multiple flaws in USDA’s analysis that demonstrated a concerted pattern by the department to skew and cherry-pick statistics in order to support its withdrawal of the organic animal welfare rule. In official comments filed in the Federal Register, the Organic Trade Association and an expert economist’s report revealed numerous errors in the USDA’s report and identified a pattern of erroneous manipulation of economic variables that intentionally understated the benefits of the OLPP Rule and overstated the costs. The association’s economic analysis targets and refutes specific data points used in USDA’s cost-benefit calculation for organic egg production that USDA had intentionally changed so that the cost-benefit calculation would result in higher costs and lower benefit. To further refute USDA’s manipulated variables, the Organic Trade Association collected organic flock production records for 5.6 million organic hens to show that actual productivity is higher and morality rates are lower than what USDA proposed in its report. Despite the short 30-day comment period, the association developed a strong data-driven case that proves that benefits of the OLPP Rule clearly exceed the costs, and that USDA’s withdrawal of the OLPP rule is unsubstantiated.

Read our comments and media statement

OTA submits comments on hemp regulatory framework 

Our regulatory team submitted final comments on January 9, 2020 to USDA’s Agriculture on an interim final rule on hemp production. The interim rule creates a consistent regulatory framework around hemp production throughout the United States, allowing hemp to be grown under federally approved plans and making hemp producers eligible for a number of agricultural programs.

Read our final comments

Organic Trade Association urges USDA to clarify Origin of Livestock rule. 

The Organic Trade Association on January 29, 2020 urged the U.S. Department of Agriculture to “move expeditiously” to implement a final rule to clarify the Origin of Livestock rule, saying that “clarification [of the rule] is long overdue and is critical to leveling the playing field among organic dairy producers.”

“The Organic Trade Association continues to support the Origin of Livestock proposed rule, and urges USDA to move expeditiously to a final rule to clarify and narrow the allowance to transition dairy animals into organic milk production as a one-time event,” the trade group stated in its official comments in the public comment period ending on Dec. 2.

Read our final comments and press release

Trade association weighs in on GMO Proposed Rule

On June 6, 2019 the U.S. Department of Agriculture (USDA) published a proposed rule that would revise the regulatory framework that oversees the importation, interstate movement, and environmental release of genetically engineered organisms. The rule would reduce the regulatory burden for developers of organisms that are unlikely to pose plant pest risks. The Organic Trade Association submitted comments in response to the proposed rule with a focus on protecting organic agriculture and trade, and raising issues related to challenges of testing for emerging technologies and the impacts of GMO contamination on international trade.

Read our final comments.

OTA submits comments on Proposed National GMO Food Disclosure Standard

July 3, 2018 the Organic Trade Association (OTA) submitted its final comments to the U.S. Department of Agriculture (USDA) on the establishment of national mandatory GMO labeling standard (National Bioengineered Food Disclosure Standard). OTA thanks its GMO Labeling Advocacy Task Force for their dedicated time and efforts that informed OTA's comments to safeguard organic as the gold standard for transparency and non-GMO status. We also extend our appreciation to the task force co-chair, Colin O; Neil, Legislative Director of the Environmental Working Group (EWG), for his representation of EWG and Just Label It (JLI) and work to integrate our efforts. To read background on the topic as well as view the full text of the law, the proposed rule and corresponding USDA policy, visit USDA’s GMO Disclosure & Labeling web page.

OTA’s Top Messages

Consistent with Law (Pub. L. 114-216), we request a final rule that will put into action the following key organic provisions:

  • No USDA-NOP certified products will require disclosure as ‘bioengineered’;
  • USDA shall consider organic certification sufficient to make a claim regarding the absence of bioengineering in the food, such as “not genetically engineered,” “non-GMO,” or another similar claim;
  • The final rule should clearly state that products exempt from mandatory disclosure as "bioengineered" foods, such as milk from cows fed genetically modified feed, may not by default automatically qualify for an "absence” claim solely because the food is not required to bear a disclosure;
  • The definition of the term ‘bioengineering’ shall not affect the definition of “excluded methods” or any other definition under USDA’s National Organic Program; and
  • The requirements set under the bioengineered food disclosure will not require that any modifications be made to the USDA organic regulations.

We also urge USDA to:

  • Use its authority and broadly interpret the definition of “bioengineering” to include highly refined products such as oils or sugars derived from bioengineered crops;
  • Recognize and allow common terms and shorthand that industry and consumers understand, such as “genetic engineering,” “genetically modified,” “not GE,” and “non-GMO;”
  • Adopt symbol disclosure options that 1) utilize acronyms that consumers are familiar with such as “GE” or “GMO,” and 2) are consistent with the non-bias (neutral) stylistic tone of other AMS logos;
  • Adopt a threshold for inadvertent or technically unavoidable bioengineered DNA that is consistent with the level adopted by other major trading partners (no more than 0.9% of the specific ingredient).

Read our final comments.

OTA submits comments on proposed changes to the National List

The Organic Trade Association submitted its comments on March 19, 2018 to the National Organic Program (NOP) on the proposed addition of 16 new inputs to the National List and amendments to the use restrictions for 17 inputs. The proposal includes listing the botanical pesticide rotenone as a prohibited substance in organic crop production, and removing ivermectin as an allowed parasiticide for use in livestock production. In addition, the Organic Trade Association prepared a detailed comment on an amendment to Natural Flavors requiring the use of organically produced flavors in products labeled Organic when they are commercially available--a requirement for which the trade association had petitioned. The proposed rule is the result of recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board (NOSB).

Read our final comments.

OTA submits comments on organic import integrity guide

The Organic Trade Association filed comments on Friday, December 22, 2017 on the interim instruction guide published by USDA’s Agricultural Marketing Service (AMS) for organic certifying agents entitled “Maintaining the Integrity of Organic Imports (NOP 4013).” This outlines USDA organic regulations’ current requirements for certifiers engaged in the oversight of organic products imported into the United States, and recommends best practices that certifiers may use to comply with existing regulations. The interim instruction is available on the AMS website. Once finalized, the instruction will be available in “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Operations.”

Read our final comments.

Comments filed on proposed withdrawal of Organic Livestock and Poultry Practices final rule

In an outrageous assault on the USDA Organic label­, the U.S. Department of Agriculture is moving fast to kill the industry-developed standards that would provide organic livestock and poultry with real outdoor access, ample space to move around, and protection from unnecessary physical alterations. These meaningful production practices differentiate you to the millions of consumers who care about food transparency. In just 30 days, more than 70,000 organic advocates took action to keep organic standards strong and consumer confidence high. 

Read our final comments.

Comments filed on Regenerative Organic Certification

NSF International is facilitating the public comment period for this certification owned by Rodale Institute. The standard’s organizers have indicated that the certification program and label do not aim to supplant current organic standards, but instead intend to build upon the USDA organic standards, particularly in the areas of labor, animal welfare and soil health. The Organic Trade Association’s Government Affairs team has reviewed the standard and has filed comments. Your input is critical. We encourage members to comment directly on this important topic.

Read our final comments.

Comments filed on misleading organic mattress claims

Moonlight Slumber LLC, an Illinois-based firm that advertises its baby mattresses as organic and free of volatile organic compounds, recently agreed to settle Federal Trade Commission (FTC) charges that it made false claims. In its comments to FTC concerning the consent agreement, the Organic Trade Association commended FTC for taking action against the deceptive use of the word “organic.” The comment period is now closed. After reviewing the comments submitted, the Commission will decide whether to make the proposed consent order final. Under its consumer protection jurisdiction, FTC has authority to act on misleading or fraudulent “organic” claims on products that fall outside the National Organic Program’s purview although it previously had not exercised that authority. OTA has been meeting regularly with FTC and the NOP since 2012 to urge FTC to exercise its consumer protection authority regarding organic claims, including clamping down on mislabeled organic claims on mattresses. Our message has been loud and clear: Not enforcing organic claims in ALL products risks diluting the integrity of and trust in the organic seal.

Read our final comments.

OTA submits comments to USDA on GMO Labeling Standard

The Organic Trade Association submitted comments to the U.S. Department of Agriculture’s (USDA) on its 30 questions posted on the USDA GMO labeling website for stakeholder input regarding the establishment of a GMO labeling standard. The GMO labeling bill passed last summer includes a congressional mandate to complete a study on digital or electronic disclosure by July 29, 2017 with implementation of the standard by summer of 2018. We are hearing that the proposed rule will be released for public comment in late fall or early winter. The questions provided OTA and the organic sector with a great opportunity to weigh in on the specifics of our organic priorities, issues and concerns and inform the proposed rule.

OTA’s final comments are now available to members. The Organic Trade Association will continue to engage in the rulemaking process and address the issues specific to the provisions that safeguard organic as the gold standard for transparency and non-GMO status. To read background on the topic as well as view the full text of the law and corresponding USDA policy, visit USDA’s GMO Disclosure & Labeling web page.

Read our final comments.

OTA weighs in on modernizing NAFTA

The Organic Trade Association (OTA) weighed in with a comment to the Office of the U.S. Trade Representative to support modernizing the North American Free Trade Agreement (NAFTA) with Canada and Mexico. In its written comment, submitted on June 12, 2017, OTA pointed out the importance of NAFTA to U.S. organic producers, traders and retailers concerning market access, trade oversight and maintaining organic equivalence arrangements. “A modernized NAFTA provides an opportunity to advance not only market access but also technical exchange and trade oversight,” OTA wrote. Canada and Mexico are the largest trading partners for U.S. organic products. OTA noted that a modernized NAFTA would present a significant opportunity to build and improve existing agreements and expand the U.S. organic industry, which already creates jobs that revitalize rural communities and build the North American economy.

Read our final comments.

OTA submits comments to USDA on Organic Livestock + Poultry Practices rule

On Friday, June 9, 2017, the Organic Trade Association added our voice to the over 47,000 comments on the federal register, strongly encouraging the United States Department of Agriculture (USDA) to allow the final Organic Livestock and Poultry Practices (OLPP) final rule to become effective without any further delays on November 14, 2017. USDA first released the final OLPP rule at the end of the Obama administration.  After delaying the rule’s effective date an additional 60 days, USDA, under the Trump administration, opened a comment period seeking input from stakeholders on 4 possible options for the final rule:

(1) Let the rule become effective. This means that the rule would become effective on November 14, 2017.   

(2) Suspend the rule indefinitely. During the suspension, USDA could consider whether to implement, modify or withdraw the final rule.   

(3) Delay the effective date of the rule further, beyond the effective date of November 14, 2017.

(4) Withdraw the rule so that USDA would not pursue implementation of the rule

The vast majority of the 47,000 comments submitted, which included organic producers and handlers, brands, certifiers, trade groups, consumer and environmental NGOs, and consumers supported “Option 1,” which would allow the rule to become effective on November 14, 2017.  Learn more.

Read our final comments.

OTA comments to FDA on the use of the term "Healthy" on food labels

The Food and Drug Administration (FDA) is taking steps through a public comment process to update its definition on use of the term “healthy” in the labeling of human food products. The deadline for comments closed on April 26. The request for comments in part came from a citizen petition asking that FDA update its nutrient content claim regulations to be consistent with current federal dietary guidance. In particular, the petitioners request that FDA amend the regulation defining the nutrient content claim “healthy” with respect to total fat intake and amend the regulation to emphasize whole foods and dietary patterns rather than specific nutrients. In response to FDA’s request for public comment on the term “healthy,” OTA weighed in agreeing with many other stakeholders that the criteria for healthy should go beyond the nutrient content of a food product alone and take into consideration nutrient-dense whole foods and healthy eating patterns. OTA also requested that FDA consider ways to incorporate the contribution of organic production practices and its impact on the quality and characteristics of food and human health into its discussion and the definition of “healthy.” Learn more.

Read our final comments.

OTA comments to USDA on a national organic check-off program

The U.S. Department of Agriculture is received public comments to a proposal for a nationwide research and promotion check-off program for the organic industry. This action was a significant step that will advance the growing organic sector and have important and long-lasting benefits for organic farmers, businesses and consumers alike. The organic industry proposal estimates the organic check-off, referred to as GRO Organic (Generic Research and Promotion Order for Organic), could raise over $30 million a year to spend on research to make farmers successful, technical services to accelerate the adoption of organic practices, and consumer education and promotion of the organic brand. Thousands of organic stakeholders submitted comments in support of the proposal, including the Organic Trade Association.

Read OTA comments here. 

OTA comments to NOP on a proposal to revise the National List

USDA's National Organic Program (NOP) extended the comment deadline by 30 days on a proposed rule that would address several recommendations the National Organic Standards Board (NOSB) made to NOP pertaining to the 2017 Sunset Review of inputs allowed in organic farming and processing. View the 2017 Sunset Proposed Rule. Consistent with the NOSB recommendations that were made to NOP in 2015, the proposed rule would remove ELEVEN inputs from the National List for allowed use in organic production and handling. Upon removal, the prohibitions would take effect on the sunset date of June 27, 2017. The comment period now closes on April 19, 2017.

Read OTA comments here.  

OTA comments to USDA on calculating organic percentages

In response to a request by OTA, the National Organic Program (NOP) extended the comment deadline from February 6, 2017 to April 7, 2017 on its draft guidance on Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products. Although USDA organic regulations establish labeling categories for organic products based on the percentage of organic ingredients in the product, certifying agents have interpreted the requirements for calculating the percent of organic ingredients differently. The draft guidance clarifies the standards for calculating organic percentages for finished products, including products that contain multi-ingredients. The draft guidance is designed to help businesses and certifiers implement the USDA organic standards consistently.

Read OTA comments here.

OTA Comments to USDA on Strategies to Support Long Term Health and Viability of US Agriculture 

On March 6, OTA submitted comments to the USDA Office of the Chief Scientist in response to an opportunity to offer suggestions for effective strategies to support the long-term health and viability of U.S. Agriculture, concurrently improving the economic, environmental, security, and health benefits to the U.S. through agriculture over the next 50 years. OTA underscored that a vibrant organic industry is integral to the longevity of US agricultural systems in the US, citing the almost 50 billion dollar-a-year bright spot in the US economy that is experiencing double-digit growth, creating jobs, and consumer demand that continues to outpace supply.  OTA offered support for the comments provided by The Organic Center that provided specific input on how organic is an integral part of the solution for agricultural sustainability by supporting soil health, mitigating climate change, upholding pollinator health, and contributing to a successful economy.

Read our final comments here.

OTA submits comments to FSIS on Documentation needed to Substantiate Animal Raising Label Claims

On December 5, OTA submitted comments to the Food Safety and Inspection Service (FSIS) on the agency’s guidance surrounding documentation to substantiate animal raising claims on packaged meat products. In its comments, OTA said it strongly believes that an organic certificate should be the only documentation required for animal raising claims verified through the organic certification process. Claims such as “raised without antibiotics,” “free range,” and “raised without growth promotants” are inherent attributes of organic products since they are also requirements of the organic regulations. As a result, organic producers should not need to submit additional documentation beyond their valid organic certificate. 

Read our final comments here.

OTA submits comments to FTC on the enforcement of misleading organic claims

On December 1, 2016, OTA submitted comments to the Federal Trade Commission (FTC) on a recent study that was conducted together with USDA on consumer perceptions of organic claims. The study was conducted to help the two agencies better understand how consumers perceive “organic” claims made on non-agricultural products such as personal care products and textiles. FTC held an informative roundtable that was open to the public, and welcomed written comments on the topic, including further evidence of consumer perceptions. In response, OTA attended and participated in the roundtable, conducted a study on consumer beliefs of organic claims and convened a task force to help shape comments to FTC on how to best address consumer deception and education. OTA's comments urge FTC and USDA to further define USDA’s scope of authority over “agricultural” products, clarify USDA and FTC’s roles and jurisdiction on enforcement, and revise the FTC Green Guides to help marketers ensure that the organic claims they are making on non-agricultural products are true and substantiated in order to avoid consumer deception.

Read our final comments here.

Comments submitted on NOP's Interim Instruction on Material Review 

On October 31, 2016, OTA submitted comments to the National Organic Program (NOP) on its Interim Instruction on Material Review for use by accredited certifying agents (ACAs). Entitled NOP 3012: Material Review, this instruction specifies the criteria and process that USDA accredited organic certifiers must follow when approving crop, livestock and handling inputs for use in organic production and handling. Consistent with OTA's longstanding position on Material Review Organizations (MROs), OTA urged NOP to establish formal accreditation for MROs under the structure of NOP accreditation that will provide uniform oversight and enforcement equally to both ACAs and MROs. 

Read our final comments here.

Comments submitted to NOP on Treated Lumber

On October 31, 2016, OTA submitted comments to the National Organic Program (NOP) in response to their draft guidance on treated lumber. NOP has announced the availability of a Draft Guidance document intended for use by accredited certifying agents and organic producers. The draft guidance document is entitled: Treated Lumber (NOP 5036). This draft guidance document is intended to inform the public of NOP's current thinking on this topic. OTA expressed concern that the structure of the guidance may establish an uneven playing field between currently certified producers bringing in new acreage and non-organic producers transitioning their acres for the first time. Given the amount of adjustment that may be needed to fully respond to this new guidance, OTA also requested at least a one-year implementation timeline once the guidance is finalized. 

Read our final comments here.

OTA submitted comments to NOSB on sunset materials and more

During the Fall 2016 meeting, the National Organic Standards Board (NOSB) will review the large majority of the fertilizers, pest control products, processing aids, and ingredients currently allowed for use by certified organic operations. These production and handling inputs will be reviewed and voted on by NOSB based on their Sunset timelines (2018), and may not be renewed if new information indicates these substances are incompatible with organic production. 

Read our final comments here.

Comments submitted to FSIS on GMO claims made on

Meat, Poultry, Egg Products

On October 24, 2016, OTA submitted comments to The Food Safety and Inspection Service (FSIS) on the Agency's compliance guidance on how companies can make label or labeling claims concerning the fact that bioengineered or genetically modified (GM) ingredients or animal feed were not used in the production of meat, poultry, or egg products. For purposes of this guidance document, these claims were referred to as “negative claims.” All organic products, including meat, poultry, and egg products, must demonstrate that they were not produced using “excluded methods” (7 CFR 205.2) which includes bioengineering or genetically modification. This revised guidance recognizes that a valid organic certificate, alone, will be sufficient documentation to substantiate a “non-GMO” claim on an FSIS inspected product. The organic industry appreciates FSIS’ new approach to this label claim and for granting a streamlined process for approving non-GMO label claims based on organic certification.

Read our final comments here.

Comments submitted to USDA on Creeping Bentgrass

On September 2, 2016, OTA submitted final comments to the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Services (APHIS) Biotechnology Regulatory Services (BRS) regarding Scotts Co. and Monsanto Co.; Notice of Intent to Prepare and Environmental Impact Statement for Determination of Nonregulated Status of Glyphosate-Resistant Creeping Bentgrass. It is the Organic Trade Association's opinion that the deregulation of glyphosate-resistant creeping bentgrass (ASR368 or Roundup Ready® creeping bentgrass) would cause economic harm to organic producers as well as negative long-term consequences to organic agriculture.

Read our final comments here.

Comments submitted to FDA on arsenic limits for baby cereal

On July 19, OTA submitted final comments to the U.S. Food and Drug Administration (FDA) on its proposal to enforce a limit on the amount of inorganic arsenic in infant rice cereal. FDA is proposing a limit or action level of 100 parts per billion for inorganic arsenic in infant rice cereal—similar to the level set by the European Commission for rice intended for producing food for infants and young children. FDA has released data showing 53 percent of 76 samples of rice cereal for infants at retail stores in 2014 did not meet this proposed action level. Learn more >>

Read our comments here.

OTA submits comments to FDA on Assessing the Risk of Raw Manure as Fertilizer

On July 19, OTA sumbitted final comments to the The U.S. Food and Drug Administration (FDA) on its Federal Register notice requesting scientific data, information, and comments that would help the agency develop a risk assessment for produce grown in fields or other growing areas amended with untreated biological soil amendments of animal origin, including raw manure. The risk assessment will evaluate and, if feasible, quantify the risk of illness associated with consuming produce grown in fields amended with untreated manure. Read More >>

Read our final comments here.

Learn more about OTA's work on Food Safety. 

OTA submits comments on proposed rule to amend organic livestock and poultry practices

On July 13, OTA submitted final comments to the National Organic Program on a proposed rule to clarify existing federal organic regulations related to animal welfare standards. The rule published to the federal register on April 13. This rulemaking is based on the 2011 NOSB Recommendation which sets standards for indoor and outdoor space requirements for organic poultry and livestock, and adds definitions to which practices are allowed and prohibited under organic regulations. 

Read our final comments here.

Learn More about OTA's position.

OTA submits final comments on ‘Natural’

On May 10, OTA submitted final comments to the U.S. Food and Drug Administration (FDA) on the use of the term "Natural" on labels of human food products. OTA's position was shaped by the work of its Natural Claims Task Force that met over the course of the past five months. The mandate of the task force was to analyze the potential implications of a formal definition of "natural" and develop comments that would protect and uphold the meaning of organic claims in the marketplace. The final comments that evolved out of the process are based on aggregated consumer data on the perception of "natural" vs. "organic," and the identification of actions that may undermine the meaning of the “organic” label and/or conflict with existing definitions within the organic regulations. The next steps are for FDA to read the over 4,800 comments received and decide the direction it will take. We thank the member volunteers of OTA’s Natural Claims Task Force and partnering organizations who helped develop our comments.

Read our comments here.

Learn more about OTA’s Position and the work of the Natural Claims Task Force!

OTA submits comments to APHIS on Field Testing of Regulated GE Wheat

Last week, OTA submitted comments to APHIS regarding its decision to require the authorization of field-testing of regulated genetically engineered wheat only under permit.  OTA first requested an extension of the comment period in order to allow stakeholders, particularly organic growers, the opportunity to weigh in.  OTA supports APHIS' proposal to require all future field trials of GE what be conducted under permit that includes requirements for stringent post-harvest monitoring.  In particular, OTA believes that USDA should make public genetic material and testing protocols and location of field trial sites; USDA should make public all field trial violations and penalties; and USDA should have the appropriate tools in hand to test for regulated crops.  The continued discovery of GE material despite a significant time lapse since trials were concluded demonstrates that USDA needs to reassess and overhaul its regulation of GE technology, because current oversight is not working. 

Read our comments here.

OTA submits comments on Origin of Livestock Proposed Rule

The National Organic Program (NOP)’s proposed rule on the Origin of Livestock was open for public comment through July 27. Along with the rule, USDA issued a press release clarifying the requirements for transitioning dairy animals into organic production, along with a question and answer document.

OTA’s final comments, shaped by OTA’s Origin of Livestock Task Force, are now available to review. The proposed rulemaking aims to level the playing field for all organic livestock producers in how they bring new animals into their operations.  OTA generally supports NOP’s intent, and offers a number of suggestions and comments to strengthen the proposed rule. Here is a summary of these comments:

  • One-time transition should be tied to each individual “certified operation” (that meets the definition of a proposed new term: “dairy operation”) rather than “producer” because this term and approach are better understood by the entire organic supply chain and accomplish the same restrictions in how origin of livestock is regulated on organic dairy operations.
  •  Breeder stock used to produce organic offspring should not be allowed to rotate in and out of organic production, and the regulations should reflect the language contained in the Organic Foods Production Act. which allows the purchase of non-organic breeding stock from any source.
  • Third-year transitional crops fed to transitioning dairy animals must be produced on the certified dairy operations and described in its Organic System Plan.
  • A final rule should include an 18-month implementation period to allow adequate time for businesses to adjust their practices and for education and enforcement of the rule revisions.
  • Disallowing a one-time transition for fiber-bearing animals puts U.S. livestock producers at a global disadvantage in accessing organic textile markets, and fiber animals should be allowed to be transitioned into organic production like dairy animals.

OTA previously convened a task force in 2011 to form the basis for our recommendations to NOP at that time. The white paper that the 2011 task force developed is attached to these draft comments as an appendix. 

Read our comments here.

OTA submits comments to APHIS on New Stakeholder Engagement on Biotechnology Regulation

APHIS sought input on the following questions for their new stakeholder engagement on Biotechnology Regulation:

  1. Should APHIS regulate based on the characteristics of biotechnology products and the potential risks they may pose, or by the process by which they were created?  In either case, what criteria should be used to determine what APHIS regulates? Are there products and processes APHIS should not regulate?
  2. The Plant Protection Act gives APHIS the authority to protect plant health through regulatory programs. APHIS has implemented the plant pest authority as part of their biotechnology regulations.  Should APHIS add noxious weed provisions to their to biotechnology regulations and if so, how?  What protection goals should APHIS consider? 
  3. Are there legal authorities given to USDA outside the Plant Protection Act that APHIS should examine to regulate or oversee the products of biotechnology? What are they, and how would they be used?
  4. What non-regulatory solutions or policy alternatives could or should be considered to complement APHIS’s regulatory program?

Read our final comments here

OTA and GOTS submited comments to CPSC

OTA together with the Global Organic Textile Standard (GOTS) Advisory Council submitted comments in support of regulations that do not require natural or organic cotton fabrics used in mattresses to be treated with toxic flame retardant chemicals. The comments were submitted to the Consumer Product Safety Commission (CPSC) in response to an open comment period asking whether the current standard for the flammability of mattress sets should be modified to minimize impact on small businesses. OTA's comments explain that treatment of organic fiber with flame-retardant chemicals conflicts with the requirements of GOTS, and accordingly, negatively impacts the organic fiber marketplace. Furthermore, the standards create an unnecessary burden on organic fiber businesses because natural and organic fibers do not burn well and largely meet flame testing without the need for toxic chemicals.

Read our final comments here.


OTA submits comments to USDA on agricultural coexistence 

OTA submitted detailed comments on new proposed USDA activities offered during the agency’s March invitation-only stakeholder workshop on agricultural coexistence for producers of organic, conventional, genetically engineered and identity-preserved crops. In its comment letter, OTA pointed out that much of the tone and tenor overshadowing the stakeholder workshop detracted from any efforts for substance and solutions. As a result, OTA encouraged USDA to keep open a continued comment period to allow ongoing robust dialog. 

Read our final comments here.

OTA submitted comments on dietary guidelines

The 2015 Dietary Guidelines Advisory Committee has submitted recommendations to Health and Human Services (HHS) Secretary Sylvia Burwell and USDA’s Secretary of Agriculture Tom Vilsack. The recommendations focus on linking health, dietary guidance and the environment to promote human health and the sustainability of natural resources.  The Organic Center has been involved in the process to-date, submitting comments supporting the science showing the sustainability of organic production methods. 

Read our final comments here.

OTA submitted comments to USDA on coexistence

OTA encourages USDA to keep open a continued comment period. This is an important public-private conversation, not tied to a specific rule-making deadline, and will benefit from an ongoing robust dialog. 

Read our final comments here.

OTA submitted comments to NOSB on sunset materials and more

Over the course of the 2015 meetings, the National Organic Standards Board (NOSB) will review the large majority of the fertilizers, pest control products, processing aids, and ingredients currently allowed for use by certified organic operations. These production and handling inputs will be reviewed and voted on by NOSB based on their Sunset timelines (October 2016 or 2017), and may not be renewed if new information indicates these substances are incompatible with organic production.

Read our final comments here.

OTA submitted comments on biodiversity conservation guidance

The National Organic Program’s new draft guidance on biodiversity clarifies how certified organic operations and their certifiers demonstrate organic production practices comply with a federal law requiring improvement to natural resources, including soil and water quality. The document comes in response to a 2009 request from the National Organic Standards Board (NOSB) concerning what organic operations and accredited certification agents need to do to comply with the general natural resources and biodiversity conservation requirement of federal organic regulations. 

Read our final comments here.

OTA submitted comments on proposed rule for check-off exemption

The U.S. Department of Agriculture published its proposed rule to exempt more organic farmers from paying into conventional commodity check-off programs in the Dec. 16 Federal Register. OTA reached out to stakeholders to review the details of the proposed rule and to shape comments for submission.

Read our final comments here.

OTA submitted final comments to FDA on revised FSMA proposals

On behalf of its members, OTA submitted final comments to FDA on the supplemental proposed Produce Safety and  Preventive Controls for Human Food Rules. OTA’s comments were guided by three critical factors: 1) FDA’s mandate to establish science-based and risk-based minimum standards that will minimize the risk of serious adverse health consequences or death; 2) FDA’s mandate to develop rules that do not duplicate or conflict with existing organic regulations; and 3) FDA’s intention to create a flexible regulation that will accommodate future changes in science and technology and the particularities of local growing conditions and commodities. The next step is for FDA to review all comments and make final changes to meet the 2015 court mandated deadlines. We thank the member volunteers of OTA’s Food Safety Task Force and partnering organizations who helped develop our comments.

Read our final comments here.

Scott Rice

Sr. Director, Regulatory Affairs

(202) 695-1268