--- begin forwarded text From: [log in to unmask] To: [log in to unmask] Subject: Would be appropriate for USDA to delay issuing notice, pending Final Rule Date: Thu, Apr 27, 2000, 8:15 AM Good morning, The following is a recent note sent to USDA leadership regarding their proposal to publish in the Federal Register without public comment, the procedures, general policy and interpretation regarding the content of the National List and its amendment. As you can glean from the note, this appears to be inappropriate and should be delayed until a Final Organic Rule is in place. Supporting delay and USDA support for re-implementation of the NOSB Draft/Final Recommendation Procedures, as noted, would go a long distance to allowing all sectors of the organic community to be truly involved in regulatory development that bears on organic farmers, handlers, certifiers and continues the trust we have generated with our customers. Best regards, Eric Kindberg ---------- Thomas Walsh, USDA Office of General Counsel Mike Dunn, Undersecretary for Marketing and Regulatory Programs Kathleen Merrigan, Administrator Agricultural Marketing Service Keith Jones, Staff Director National Organic Program Eric Olsen Washington DC Dear folks, At the most recent National Organic Standards Board Meeting a draft document was circulated "USDA to accept petitions for Amendment of the National List of Allowed and Prohibited Substances under the National Organic Program. USDA/NOP staff indicated that after USDA considered revisions suggested at the meeting and pending OGC review such a document would be published in the Federal Register, not for public comment, but as a statement of a rule of procedure and a policy and interpretation of the Organic Foods Production Act of 1990. Although a petition process for amending the National List is essential and needed once the "initial" National List is established, because of the following reasons we suggest a delay in publishing such a document in the Federal Register at this time. As of this date, we are in the middle of the public comment period on the procedures, policies and USDA interpretations of the Organic Foods Production Act. The organic community and public is presently providing the Secretary comments on the following issues which have a direct bearing on the Department's development of the National List Amendment Petition Procedures: --the categories and classes of substances that are authorized by OFPA to be on the National List; --the application of Section 2118(b) "the list established under subsection (a) shall contain an itemization, by specific use or application…"; --how the NOSB and Secretary should use the evaluation criteria in Section 2119(m) to determine and rate acceptability or rejection of substances petitioned for inclusion on the National List; --the definition and application of Section 2118(C)(A)(ii), " is necessary to the production or handling of the agricultural product because of unavailability of wholly natural substitute products"; and --the meaning and application of Section 2118(C)(A)(iii), " is consistent with organic farming and handling." The draft Federal Register National List Amendment Petition addresses these issues, while the Department is presently seeking public comment on these very issues. A further concern is as the USDA/NOP develops policy and procedures using the NOSB communication and feedback that the larger organic community who do not attend NOSB meetings have an opportunity to read and offer comments on Draft Recommendations before they become Final Recommendations to the Secretary. In 1993, the National Organic Standards Board perfected and passed a Draft/Final Recommendation Procedures for its committees and the Board to follow. The Procedures directed each NOSB committee to perfect each Draft Recommendation, publish and provide a minimum 30 day comment period from interested citizens. Draft comments can be sought through the mailing list of interested recipients maintained by USDA/NOP and the USDA/NOP website can post all Draft Recommendations, seeking email responses. After evaluating comments received, each committee was directed to perfect a Final Recommendation for the Secretary which was considered by the NOSB at a subsequent meeting. These NOSB Procedures are an assurance to the Secretary that the entire organic community is timely aware of the issues that are being discussed and the Secretary is receiving Final Recommendations for which a degree of consensus within the organic community has been developed. For the NOSB itself, these Procedures provide legitimacy, public feedback and a period of introspection in perfecting Final Recommendations to the Secretary. We feel that all NOSB Draft/Final Recommendations need to be handled consistent with these Procedures. The draft Federal Register notice on National List Amendment Petition should be handled likewise. By using the NOSB Draft/Final Recommendation Procedures, the following kind of practical improvement in the National List Amendment Petition would come to light. We identify that the draft Federal Register notice on the National List Amendment Petition in setting forth "What information has to be included in the petition" creates an undue burden on certified organic farmers. If we were petitioning the NOSB for consideration of say Captan as an active synthetic substance for seed treatment on seeds we plant, the information requested in the draft is beyond our time and capacity to provide. Does that mean our petition would be disqualified without consideration? Could the requirements for petitioning be adapted to not be burdensome to an applicant and yet seek the most an applicant can offer in technical information? We would appreciate the Department considering delaying Federal Register notice of the National List Amendment Petition Procedures and support for full implementation of the NOSB Draft/Final Recommendation Procedures. And now back to planting and cultivation of vegetables. Best regards, Eric Kindberg Certified organic farmer Fairfield, Iowa [log in to unmask] A communication from the organic4um: Facilitated by Eric Kindberg, certified organic farmer Email: [log in to unmask] NEW, UPDATED WEBSITE: http://members.aol.com/organic4um/info Written contributions and comments are sought. If you desire your email address to be removed from our circulation list, please inform us. To be added to this email circulation request to [log in to unmask] NOTICE In accordance with Title 17 U.S.C. Section 107 this material is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. The Organic 4UM distributes this material free of charge even though it takes considerable time and money to produce it. Eric Kindberg, Editor, Ripplebrook Organic Growers, Inc. Certified organic farm, Fairfield, Iowa --- end forwarded text -- ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Rex L. 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