organic certification transitioning to organic, from application to certification … · 2020. 1....

1/27/2020

1

ORGANIC CERTIFICATIONTRANSITIONING TO ORGANIC, FROM APPLICATION TO

CERTIFICATION DECISION

CLAYTON BLAGBURN

CERTIFICATION SPECIALIST, ONECERT, INC.

PRESENTATION GOALS

Steps to Organic Certification and General Requirements for Certification

Understand “Organic System Plan” in NOP Regulations

Records, crop rotation, seeds, inputs, and land/soil management, etc.

OneCert Application and Organic System Plan

Notice Of Noncompliance

Your Questions

Please note that materials in this document/presentation may be copyrighted.

1/27/2020

2

ONECERT, INC.

Sam Welsch, President

200+ “crops” operations in the US.

NE, CO, KS, MO, IA, SD

475 total US clients

Leading Certifier of Hemp

12 employees, 5 Producer Certification Specialists

1021 D St. Lincoln, NE 68503

BASICS OF CERTIFICATION

NOP 2601 “Instruction: Organic Certification Process”

1. Operation Completes an Application and Develops an Organic System Plan (OSP).

2. Operation implements the OSP, and the certifier reviews the OSP.

3. The certifier’s inspector completes an onsite inspection of the operation to evaluate the implementation of the OSP and the operation’s compliance with the USDA Organic regulations.

4. The certifier reviews the Inspection Report

5. The certifier decides whether to grant certification to the operation

§205.200 General: The producer or handler of a production or handling operation intending to sell, label, or represent agricultural products as “organic”, etc. must comply with the applicable provisions of this subpart. Production practices implemented in accordance with this subpart must maintain or improve the natural resources of the operation, including soil and water quality.


1/27/2020

3

GENERAL REQUIREMENTS FOR CERTIFICATION

§205.400 A person seeking certification must:

(a) Comply with the Act and applicable organic production regulations of this part;

(b) Establish, implement, and update annually an organic production system plan that is submitted to an accredited certifying agent as

provided for in §205.200;

(c) Permit on-site inspections with complete access to the production operation…

(d) Maintain all records applicable to the organic operation for not less than 5 years and allow the certifying agent access to such records

during normal business hours for review and

(e) Submit the applicable fees charged by the certifying agent; and

(f) Immediately notify the certifying agent concerning any:

(1) Application of prohibited substances, including drift…

(2) Changes in a certified operation, or portion, that may affect compliance.

REGULATIONS HIGHLIGHTED- §205.202 TRANSITION PERIOD

Transition Period: §205.202 Land Requirements Any field or farm parcel from which harvested crops are

intended…must:

(a) Have been managed in accordance with the provisions of §§205.203 through 205.206;**

(b) Have had no prohibited substances, as listed in §205.105, applied to it for a period of 3 years (36 months)

immediately preceding harvest of the crop; and

(c) Have distinct, defined boundaries and buffer zones to prevent the unintended application of a prohibited

substance

3 years/36 months = June 2018*-June 2021; *=Last application date

Crops harvested after June 2021 may be sold, labeled, represented as “organic”.


1/27/2020

4

APPLICATION AND REVIEW OF APPLICATION

§205.401 Application for certification.

(a) An Organic production System Plan, required in 205.200

(b) Name of the person completing the application

(c) Previous certification and correction to Noncompliance or denial.

(d) Other information necessary

§205.402 Review of Application

(a) Upon acceptance of an application for certification, a certifying agent must:

(1) Review for Completeness

(2) Review for compliance

(3) Verify previous certification

(4) Schedule on-site Inspection

All forms are made available online, onecert.com/packets

“Complete application packet and payment must be submitted at least 3 months before harvest”

Onecert Renewals due March 31

Review for Completeness

Determine whether operation “may be able to comply”

Inputs listed in OSP comply with commercial availability and restrictions on the National List of Allowed and Prohibited Substances

ON-SITE INSPECTION

Scheduled after OSP Approval is given.

Purpose:

Asses whether the operation has the ability to comply

Verify that the OSP accurately reflects the operations activities

Ensure that prohibited substances have not been applied.

Timing:

When knowledgeable representative is onsite

Land, facilities, and activities that demonstrate compliance can be observed. Crop in the ground.

For crop producers: evaluation of soil and nutrient management, adjoining land use, buffer zones, land use history, production capacity of the land, seeds and planting stock used, crop rotation practices, pest control practices, harvest, labeling, and shipping;

Inspections are not consulting visits. Inspectors may ask questions, collect and provide information, explain regulations or certifier’s requirements. Inspectors are prohibited from advising on how to overcome barriers.

Opening Meeting: Define roles, confidentiality, and outline activities. Set expectations and answer questions.

Exit Interview: Communicate any potential noncompliancesobserved and request any additional Information missing from OSP.


1/27/2020

5

GRANTING CERTIFICATION

§205.404 (a) Within a reasonable time after completion of the initial on-site inspection, a certifying agent must review

the on-site inspection report…

Decision includes:

1. Certification, if the operation is fully compliant;

2. Certification with conditions, if there are minor, non-violative issues;

3. Notice of Noncompliance for correctable violations…

4. Combined Notice of Noncompliance and Denial of Certification for non-correctable violations.

§205.400(c) Once certified, a production or handling operation's organic certification continues in effect until

surrendered by the organic operation or suspended or revoked by the certifying agent, the State organic program's

governing State official, or the Administrator.

GENERAL ONECERT 2020 TIMELINE

January-May : Application and Review of Application

NOP Training, identify clients affected by rule changes.

Send out renewal paperwork to existing clients.

Review inquiries from prospective and new applicants.

April-September: Inspection, Initial Review, Final Review

Initial Compliance review and OSP Approval.

Review Inputs and changes to OSP.

Certification Decision

September 30, 2020:

Cost Share application due. Goal for new operations to be certified.

September-December: Wrap-up

Finishing up post-inspection reviews

Form Revisions


1/27/2020

6

RECAP

Person Seeking Certification must:

Comply with and understand requirements

Establish and implement an Organic System Plan, then apply for certification.

Pay fees and maintain records

Allow on-site inspection

Immediately notify Certifying Agent of any…

Certifying Agent must:

Understand requirements and have applicable expertise

Review application, Organic System Plan, Inspection Report, etc.

Communicate results to operation

REGULATIONS HIGHLIGHTED- §205.201ORGANIC SYSTEM PLAN

(a) The producer intending to sell, label, or represent agricultural products as “organic,” etc. must develop an organicproduction system plan that is agreed to by the producer or handler and an accredited certifying agent. An organicproduction or handling system plan must include:

(1) A description of practices and procedures to be performed and maintained, including the frequency with which they will beperformed;

(2) A list of each substance to be used as a production or handling input, indicating its composition, source, location(s) where it will beused, and documentation of commercial availability, as applicable;

(3) A description of the monitoring practices and procedures to be performed and maintained, including the frequency with which theywill be performed, to verify that the plan is effectively implemented;

(4) A description of the recordkeeping system implemented to comply with the requirements established in §205.103;

(5) A description of the management practices and physical barriers established to prevent commingling of organic and nonorganicproducts on a split operation and to prevent contact of organic production and handling operations and products with prohibitedsubstances; and

(6) Additional information deemed necessary by the certifying agent to evaluate compliance with the regulations.


1/27/2020

7

ONECERT ORGANIC SYSTEM PLAN (OSP)-CROPS

Divided into 5 sections.

Regulations identified at the beginning of each section.

OSP Includes appendices to organize inputs, seeds, equipment, etc.

“Each farm is unique with its different soils, climates, crops grown and philosophies behind the management

decision. We are interested in learning about your farm and how you plan to manage it. Please answer the OSP

questions completely to help us better understand your farm system.”

Available: onecert.com/packets “Crop Packet”

REGULATIONS HIGHLIGHTED- §205.204SEEDS AND PLANTING STOCK PRACTICE STANDARDS,

(a)The producer must use organically grown seeds, annual seedlings, and planting stock: Except, That,…

(1) Nonorganically produced, untreated seeds and planting stock may be used to produce an organic crop when an equivalent organically produced variety is not commercially available…

Commercial Availability: The ability to obtain a production input in an appropriate form, quality, or quantity to fulfill an essential function in a system of organic production or handling, as determined by the certifying agent in the course of reviewing the organic plan.**

Commercial Availability Search: General Guidelines Performed annually, move toward compliance

Appropriate Quality, Quantity, and form

Quality: Equivalent varieties? Mandated by buyer?

Quantity: consider contract growing for seed company.

Sources- “sources should include companies that offer organic seeds and planting stock, for the specific crops being grown.”

Conflict of Interest, §205.501(11)(iv)


1/27/2020

8

REGULATIONS HIGHLIGHTED- §205.205

Crop Rotation Practice standards, §205.205The producer must implement a crop rotation including but not limited to sod, cover crops, green manure

crops, and catch crops that provide the following functions that are applicable to the operation:

(a) Maintain or improve soil organic matter content;

(b) Provide for pest management in annual and perennial crops;

(c) Manage deficient or excess plant nutrients; and

(d) Provide erosion control.

Keeping in mind §205.501(a)(11)(iv) Not giving advice or providing consultancy services, to certification

applicants or certified operations, for overcoming identified barriers to certification

SECTION 1: FARM PLAN INFORMATION

Seeds, annual seedlings, and Panting Stock

Appendix C- updated annually

Soils: Type and erosion management

Water: Source, use, and monitoring

Crop Rotation: Plan and justification

6–year plan; annual and perinnial

Cover crops and/or fallow

Land: Buffers, parallel production, management, etc.

Appendix E: Field History (Annual Field Plan)

“Your farm is a unique combination of soil, water, climate

and biodiversity. How and what you produce on it will also be

unique. By answering the following questions and creating a

farm map, we will get a better understanding of your farm

practices and future plans.”


1/27/2020

9

SECTION 4: EQUIPMENT, HARVEST AND POST-HARVEST ACTIVITIES

Post Harvest Handling

Packaging and Labeling

Transportation

Storage

Appendix D: Equipment, Storage, & Packaging

List

REGULATIONS HIGHLIGHTED- §205.203SOIL FERTILITY AND CROP NUTRIENT MANAGEMENT,

(a) Producer must: Tillage and cultivation practices that maintain or improve

the physical, chemical, and biological condition of soil and minimize soil

erosion.

(b) Producer must: Rotations, cover crops, and the application of plant and

animal materials.

(c) The producer must manage plant and animal in a manner that does not

contribute to contamination of crops, soil, or water…

(1) Raw animal manure, which must be composted unless it is:

(2) Composted plant and animal materials produced through a process that:

(3) Uncomposted Plant Material

(d) A producer may manage crop nutrients..

1) A crop nutrient or soil amendment included on the National List of synthetic

substances allowed for use in organic crop production;

2) A mined substance of low solubility;

3) A mined substance of high solubility:

4) Ash obtained from burning of plant of animal material, except as prohibited in

(e)

5) A plant or animal material that has been chemically altered by a manufacturing

process:

(e) The producer must not use:

1) Any fertilizer or composted plant and animal material that contains a synthetic

substance not included on the National List

2) Sewage sludge defined in 40 CFR 503

3) Burning as a means for crop residue disposal


1/27/2020

10

SECTION 2: FERTILITY MANAGEMENT

Deficiencies, Monitoring, and Inputs

Manure Use: Source and application

Compost: Source

Input Request Form

Appendix B: Inputs List

REGULATIONS HIGHLIGHTED- §205.206CROP PEST, WEED, DISEASE MANAGEMENT PRACTICE STANDARDS,

(a) The producer must use management practices to prevent crop pests, weeds, and diseases.

1. Crop Rotation;

2. Sanitation and removal of weeds and pest habitat;

3. Species selection

(b) Pest problems may be controlled through mechanical or physical methods

1. Predators and natural enemy habitat;

2. Nonsynthetic lures and repellants;

(c) Weed problems may be controlled through

1. Flame, heat, electrical

2. Plastic mulches-Must be removed from field.

(d) Disease problems may be controlled through:

1. Management to suppress the spead of disease.

2. Nonsynthetic biological, botanical, or mineral inputs

(e) When the practices provided for in paragraphs (a) through (d) of this section are insufficient to prevent or control crop pests, weeds, and diseases, a biological or botanical substance or a substance included on the National List of synthetic substances allowed for use in organic crop production may be applied

(f) The producer must not use lumber treated with arsenate or other prohibited materials for new installations or replacement purposes in contact with soil or livestock.


1/27/2020

11

SECTION 3: PEST, WEED, DISEASE CONTROL

Describe common pests, weeds, and diseases in

field, storage, and post-harvest handling.

Stepwise pest control:

1. Management practices,

2. Mechanical and physical barriers,

3. Allowed synthetic and nonsynthetic inputs.

Input Request Form and Appendix B prior to

application

REGULATIONS HIGHLIGHTED- §205.103

Recordkeeping: §205.103

(a) A certified operation must maintain records concerning the production, harvesting, and handling of agricultural products that are or that are intended…

(b) such records must:

(1)be adapted to a particular business,

(2)fully disclose all activities in detail to be readily understood,

(3)maintained 5 years, and

(4)demonstrate compliance.

Save records and receipts related to: purchase of seed and inputs; field preparation; seeding and transplanting; fertility management; pest, weed, and disease control; and crop harvest and sale.

Details: record amounts, locations, name of input, varieties of crops, etc.


1/27/2020

12

SECTION 5: RECORDKEEPING

“Documentation of activities is the key

to showing us that you are doing what

you said you would do in your OSP.”

NATIONAL LIST OF ALLOWED AND PROHIBITED SUBSTANCES,

METHODS, AND INGREDIENTS.

§205.601 Synthetic substances allowed for use in organic crop production.

In accordance with restrictions specified in this section, the following synthetic substances may be used in organic

crop production:

Provided,That, use of such substances do not contribute to contamination of crops, soil, or water. Substances allowed by this

section may only be used when the provisions set forth in §205.206(a) through (d) prove insufficient to prevent or control the

target pest.

§205.602 Nonsynthetic substances prohibited for use in organic crop production.

The following nonsynthetic substances may not be used in organic crop production:


1/27/2020

13

Onecert.com/packets

• Name and Email

• Crop Packet

• NOP Regulation

• Send!

WHAT IS IN THE “CROPS PACKET”?

• Introduction and Instructions

• New Crops Certification Checklist

• OneCert NOP Application

• Certification Agreement

• Prior Land Use form

• Natural Resources and Biodiversity

Conservation Addendum

• Fee Schedule

• Organic System Plan (OSP) – Crops

• Initial Field History Form

• Farm Products and Inventory List

• Appendix A: Map Instructions

• Input Request Form (IRF)

• Organic Seed Search and Seed

Documentation

• Appendix C: Seed, Annual Seedling,

and Planting Stock List

• Appendix D: Equipment, Storage,

and Packaging List

• OSP: Specialty Production

(greenhouse/hoophouse)

• Certified Operation Complaint Log

• OneCert Crop Rotation Decision

Tree

• OneCert Crop Rotation Policy


1/27/2020

14

NOTICE OF NONCOMPLIANCE, §205.662

(a) Notification. When an inspection, review, or investigation

of a certified operation by a certifying agent reveals any

noncompliance with the Act, a written notification of

noncompliance shall be sent to the certified operation.

Such notification shall provide:

(1) A description of each noncompliance;

(2) The facts upon which the notification of noncompliance is

based; and

(3) The date by which the certified operation must rebut or

correct each noncompliance and submit supporting

documentation of each such correction when correction is

possible.

(b) Resolution. When a certified operation demonstrates

that each noncompliance has been resolved, the certifying

agent or the State organic program's governing State

official, as applicable, shall send the certified operation a

written notification of noncompliance resolution.

(c) Proposed suspension or revocation…

(d) Willful violations. Notwithstanding paragraph (a) of this

section, if the Program Manager has reason to believe that a

certifying agent has willfully violated the Act or regulations

in this part, the Program Manager shall send a written

notification of proposed suspension or revocation of

accreditation to the certifying agent.

NOP 4002 ENFORCEMENT OF USDA ORGANIC REGULATIONS:

PENALTY MATRIX


1/27/2020

15

NOP 2608 RESPONDING TO NONCOMPLIANCES

Read Noncompliance(s) carefully to understand facts of the violation.

Communicate and clarify details and intent of the noncompliance.

Corrective Action:

Correcting the cause of the noncompliance.

Preventing reoccurrence of the noncompliance.

Objective evidence of correction.

Controlling noncompliance product, when appropriate.

Submit response, by the due date, in a manner to be readily understood and reviewed.

Corrective actions verified at next inspection.

RESOURCES

NOP Regulations: “eCFR 205” https://www.ecfr.gov/cgi-

bin/retrieveECFR?gp=&SID=fec1b8ed4c7ec2e407b7a0150d574642&mc=true&n=pt7.3.205&r=PART&ty=HTML

NOP Handbook:https://www.ams.usda.gov/sites/default/files/media/Program%20Handbk_TOC.pdf

USDA Integrity Database: https://organic.ams.usda.gov/Integrity/

Material Review Institutes (MRO)(free):

OMRI: https://www.omri.org/ubersearch

WSDA:https://agr.wa.gov/departments/organic/input-material-registration

PCO and CDFA for members

Transitioning Guidelines

10 Step guide to Transitional Farming:https://www.ams.usda.gov/sites/default/files/media/10%20Guide%20to%20Transitional%20Farming%20FINAL%20RGK%20V2.pdf

Sound & Sensible- AMShttps://www.ams.usda.gov/reports/sound-sensible

Interactive Video “The road to Organic Certification”

https://www.ams.usda.gov/reports/road-organic-certification

Video Series “Organic Certification Made Simple”

https://www.ams.usda.gov/reports/organic-certification-made-simple


https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=fec1b8ed4c7ec2e407b7a0150d574642&mc=true&n=pt7.3.205&r=PART&ty=HTML

https://www.ams.usda.gov/sites/default/files/media/Program Handbk_TOC.pdf

https://organic.ams.usda.gov/Integrity/

https://www.omri.org/ubersearch

https://agr.wa.gov/departments/organic/input-material-registration

https://www.ams.usda.gov/sites/default/files/media/10 Guide to Transitional Farming FINAL RGK V2.pdf

https://www.ams.usda.gov/reports/sound-sensible

https://www.ams.usda.gov/reports/road-organic-certification

https://www.ams.usda.gov/reports/organic-certification-made-simple

1/27/2020

16

ONECERT: CROP ROTATION POLICY


organic certification transitioning to organic, from application to certification … · 2020. 1....

Documents