27
Apr
Organic Standards Open to Comment; USDA Defies Congressional Mandate to Fill Organic Board Vacancies
(Beyond Pesticides, April 27, 2026) The National Organic Standards Board (NOSB)—a stakeholder board created by Congress to advise the Secretary of Agriculture on organic standards under the U.S. Department of Agriculture (USDA) and manage the list of allowed materials in organic production, is accepting public input through May 4, 2026. Today, April 27, is the final day to sign up for oral comments that will be received on a May 5 and 7 webinar. For a complete discussion on all the issues before the NOSB, see Keeping Organic Strong and the Spring 2026 Beyond Pesticides’ issues webpage.
The NOSB meeting is taking place at a time when the Trump administration has been dismantling government programs and defied a Congressional mandate to replace board members whose terms expired in January. While the remaining board members continue to meet, the Secretary of Agriculture has left empty five appointees to the board—creating an imbalance that violates a statutory mandate to ensure that the board membership reflects the range of voices and perspectives that are important to the viability and growth of the organic sector—a sustainable alternative to chemical-intensive agriculture reliant of petrochemical pesticides and fertilizers. The terms of five board members that expired in January have not been replaced. As a result, the board has lost two organic farmers, two public interest/consumer representatives, and one certifier, creating a serious imbalance that appears to violate the rules governing the NOSB and the National Organic Program.
✅ Sign up by April 27 for a 3-minute comment on the webinar or in person to let the U.S. Department of Agriculture (USDA) know how important organic is. Written comments must be submitted through Regulations.gov by 11:59 pm EDT on Monday, May 4. Links to the virtual comment webinars will be provided approximately one week before the webinars. Registration for oral comments closes April 27, and sign-ups fill up fast. ➡️ Sign up for Oral Comments here.
The Organic Foods Production Act (OFPA) of 1990 created the NOSB at 7 U.S.C. §6518. Under the law, the Secretary has a statutory duty to create and maintain the board as follows:
Sec. 2119 [7 U.S.C. 6518] National Organic Standards Board.
(a) In General—The Secretary shall establish a Natioal organic Standards Board (in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2 et seq). . .to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this title.
(b) Composition of Board.—the Board shall be compose of 15 member of which—
(1) four shall be individuals who own or operate an organic farming operation, or employees of such individuals;
(2) two shall be individuals who own or operate an organic handling operation, or employees of such individuals;
(3) one shall be an individual who owns or operates a retail establishment with significant trade in organic products, or an employee of such individual;
(4) three shall be individuals with expertise in areas environmental protection and resource conservation;
(5) three shall be individuals who represent public interest or consumer interest groups;
(6) one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and
(7) one shall be an individual who is a certifying agent as identified under section 6515 of this title.
Nevertheless, the NOSB is going ahead with its Spring meeting and addressing issues important to organic integrity and, ultimately, public trust in the USDA organic label. Given that organic offers a path to mitigating current health, biodiversity, and climate crises, public involvement in the NOSB decision-making process and the public comment period is especially important, according to organic advocates.
The NOSB is responsible for guiding USDA in its administration of the Organic Foods Production Act, including the materials allowed to be used in organic production and handling. The statute gives authority to the NOSB to manage the National List of Allowed and Prohibited Substances.
A draft meeting agenda is available here. And a detailed agenda, along with the proposals, is available here. Written comments are due by 11:59 pm ET Monday, May 4, 2026, but since the meeting begins on May 12, you must get them in early in order to be heard.
Beyond Pesticides launched an action to encourage public engagement with the NOSB public comment period. Click Here to see and participate in action. In the action, the organization has highlighted the following issues:
- Microplastics should not be broadcast into organic crops and orchards. Pear ester is a chemical kairomone (chemical signals) synthesized to be structurally and functionally identical to a volatile substance emitted by mature and ripening pears and other fruits. It attracts codling moths and is used in various ways to control them. Pear ester should be added to the National List with an annotation that describes its use and prohibits use of a product microencapsulated in plastic: “use of pear ester is limited to passive traps/monitors and not for use in microencapsulated formulations.”
- Chitosan is a material in search of a market in organic. It is a synthetic material that is not well characterized—and different forms have radically different uses. It is not necessary for organic production, and the NOSB has a Technical Review that summarizes many allowed substances for the petitioned use in wine made with organic grapes.
- Limits should be placed on the use of chlorine in livestock drinking water. Chlorinated drinking water is unavoidable for anyone using public water supplies, but many livestock producers supply drinking water from wells, cisterns, or ponds. The NOSB should propose guidance and/or instructions for certifiers regarding the application of this use in the various situations faced by livestock producers, including “shocking” wells with high concentrations of chlorine. The NOSB must perform a comprehensive review of cleaning, disinfecting, and sanitizing materials that can support annotations for these materials on the National List.
- E-Commerce must provide all information about organic products that is required by law. Probably every organic consumer who has shopped online has encountered product names, including the word “organic” or descriptions of products as “organic” or containing organic ingredients, and wondered whether that description is true. There is inconsistency between the requirements for a product offered for sale by a “brick and mortar” establishment and the requirements in eCommerce, and inconsistency provides an opportunity for fraud. The requirements for eCommerce should be brought into line with those for physical establishments. The NOSB must immediately identify any obstacles to eliminating this loophole and propose a rule change that will address them.
For more information on organic, please Beyond Pesticides’ organic program page.
All unattributed positions and opinions in this piece are those of Beyond Pesticides.
