Thirteen Substances added to the National List

The National List in the USDA NOP Organic Regulation identifies those synthetic materials that are allowed for use in organic production. In addition, the National List identifies: 1) nonsynthetic substances that are prohibited for use in organic crop production and organic livestock production, and 2) nonsynthetic substances that are allowed for use in the handling of “organic” and “made with organic (specified ingredients or food groups)” products.

As stated in the Federal Register, Vol. 71, No. 175, Monday, September 11, 2006, the National List, which occurs in sections 205.601 – 205.606 of the NOP Organic Regulation, has been amended to reflect recommendations submitted by the National Organic Standards Board (NOSB) from November 15, 2000 to March 3, 2005. 

Effective September 12, 2006, the following materials, along with any noted restrictive annotations, are now approved for use in organic crop production and handling.

Amendments to section 205.601 of the National List: Relevant only to producers of organic crops

1. Glycerine oleate (Glycerol monooleate) – inert ingredient. For use only until December 31, 2006
2. Hydrogen chloride – for delinting cotton seed for planting
3. Ferric phosphate – for use only as a slug and snail bait

Amendments to section 205.605 of the National List: Relevant only to certified handlers of products making an “organic” or “made with organic (specified ingredients or food groups)” claim

Nonsynthetic Substances (205.605(a)):

1. Egg white lysozyme
2. L-Malic acid
3. Microorganims – any food grade bacteria, fungi, and other microorganisms

Synthetic Substances (205.605(b)):

1. Activated Charcoal – only from vegetative sources; for use only as a filtering aid
2. Cyclohexylamine – for use only as a boiler water additive for packaging sterilization
3. Diethylaminoethanol - for use only as a boiler water additive for packaging sterilization
4. Octadecylamine - for use only as a boiler water additive for packaging sterilization
5. Peracetic acid/Peroxyacetic acid – for use in wash and/or rinse water according to FDA limitations. For use as a sanitizer on food contact surfaces
6. Sodium acid pyrophosphate – for use only as a leavening agent
7. Tetrasodium pyrophosphate – for use only in meat analog products

For up-to-date regulatory news items, please remember to visit the USDA National Organic Program website : http://www.ams.usda.gov/nop/TodaysNews.html 

As always, if you need further clarification, QAI’s helpful experts are happy to offer their assistance.

Commercial Availability

The impending regulation update to NOP 7 CFR Part 205.606, which comes into effect on June 9, 2007, has sent some operations scrambling to source an organic equivalent of their non-organic, yet commercially unavailable, agricultural ingredient.  With this in mind, we have decided to provide our clients some clarification regarding commercial availability, how it is applied to both processors and producers, and how the update to the regulation will affect it.

Commercial availability, according to the National Organic Program, is 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.  Certified operations are responsible for documenting efforts to source organic forms of agricultural production inputs.

After June 9, 2007, processors seeking to use a non-organic agricultural ingredient must first verify that the ingredient is listed on 205.606 of the NOP National List, and then also establish that an organic equivalent is not commercially available.  In order to establish that an organic equivalent input is not commercially available, currently and after June 9, 2007, operators must obtain documentation from at least three (3) relevant suppliers, verifying that an organic equivalent of a non-organic agricultural input is not commercially available. “Relevant suppliers” refers to suppliers that are likely to carry the input in organic form.  Acceptable forms of documentation include (but are not limited to) phone logs, faxes, emails, and other written correspondences.  Please see below for the link to QAI’s Commercial Availability Record that can assist in summarizing organic input searches.

Until the update to the regulation goes into effect, a processor may establish that a non-organic agricultural ingredient is not commercially available in organic form by contacting and documenting at least three failed attempts to locate an organic equivalent ingredient from a relevant supplier.  This documentation must be kept on-site and made available during inspections.  The documentation must also include the reason each supplier is unable to provide an organic equivalent ingredient.  The only suitable reasons for an organic ingredient to be commercially unavailable, as per the NOP definition, would be if it 1) is not available in the appropriate quantity, 2) is not available in the appropriate quality, or, 3) is not available in the appropriate form.  It is important to note that price and/or geographic location of the source are not acceptable justifications for arguing commercial unavailability.

Because of the impending update to the regulation, up until June 2007, QAI is requiring that processors also demonstrate that they have a clear understanding of the update that will be taking place.  If a processor chooses to incorporate a non-organically produced agricultural ingredient that is not listed on 205.606, after successfully establishing that an organic equivalent is not commercially available, they must further provide verification in writing that by June 9, 2007 they will either source the organic version, OR change their labels to a "Made with organic..." claim.

The requirements for producers will not change with the update to the regulation.  However we thought it would be helpful to also remind our clients of how commercial availability applies to producers.

Commercial availability applies to producers in the realm of seed and planting stock. A producer must always use organically grown seeds and planting stock except, that, non-organically produced, untreated seeds and planting stock may be used to produce an organic crop when an equivalent organic variety is not commercially available (note that organically produced seed must be used for the production of edible sprouts). In addition, non-organically produced seeds or planting stock treated with a substance included on the National List may be used to produce an organic crop when an equivalent organically produced or untreated variety is not commercially available. 

If a producer seeks to use non-organically produced, untreated seed or planting stock, they must first contact at least three (3) potential suppliers of organic seed/planting stock and, if not able to obtain the desired organic seed/planting stock (or equivalent variety), be able to provide documented evidence of these attempts.  This documentation must be kept on-site and made available during inspections.  The documentation must also include the reason each source is unable to provide an organic equivalent.  The only suitable reasons for an organic equivalent to be commercially unavailable, as per the NOP definition, would be if it 1) is not available in the appropriate quantity, 2) is not available in the appropriate quality, or, 3) is not available in the appropriate form.  It is important to note that price and/or geographic location of the source are not acceptable justifications for arguing commercial unavailability.

The same applies for a producer seeking to use a non-organically produced seed that has been treated with a substance included on the National List.  Prior to incorporating this seed into their operation, they would be required to demonstrate that an organic and/or untreated non-organically produced equivalent is not commercially available per the definition outlined above.

To facilitate the sourcing of organic agricultural inputs, QAI has recently developed the Commercial Availability Record [insert link here].  Clients are encouraged to utilize this form to summarize their attempts to source organic seeds, planting stock and agricultural ingredients. Additionally, the following resources are available for sourcing organic agricultural inputs:

QAI’s Advanced Product Search: http://www.qai-inc.com/client_search.php

The Organic Trade Association’s “The Organic Pages Online”: http://www.theorganicpages.com/topo/index.html

Organic Materials Review Institute Seed List: http://www.omri.org/OMRI_SEED_list.html

The Saving Our Seed website: http://www.savingourseed.org/

Remember, after June 9, 2007, demonstrating that an agricultural input is not commercially available will no longer be the only requirement for allowing its inclusion in a processed product. In addition, the non-organic agricultural input must also be listed on the NOP National List 205.606.

To have ingredients reviewed for inclusion on 205.606, you must petition the USDA NOP. For information on the NOP Petition process, please visit www.ams.usda.gov/nop/Petition/PetitionHome.html

Please feel free to contact your Account Coordinator if you have any questions.

Seed for Cover Crops and Plowdowns

Just a reminder to organic producers, please note that the NOP requirements for the use of organic seed also applies to seed for cover crops and plowdowns. Section 205.204(a)(1) and (a)(2) requires that producers must use organic seeds in the first instance, and may only use non-organicseeds when an equivalent organically produced variety is not commercially available (refer to our article in this addition on Commercial Availability). Non-organic seeds must beuntreated or treated with apermitted substance on the National List of Allowed Synthetic Substances (206.601).Further, non-organic seeds that are treated with a material on the National List (205.601) may only be used when an equivalent organically produced or untreated variety is not commercially available.

Please make sure that you maintain documentation for verification during your inspections that confirmsthe type of seed used for cover crops and/or plowdowns and demonstrates compliance to the above requirements.

Canada Organic Regime Update

Although Canada has had an organic standard since 1999, it has not been codified into law. Certification of organic producers and handlers, as well as accreditation of certifiers has been voluntary except in the province of Québec. This month, a significant step towards achieving a mandatory Canadian Organic Standard was reached.

On September 2, the Canadian Organic Product Regulations were published in Part I of the Canada Gazette. From that period of time, domestic and international stakeholders have been given a 75-day period during which to review and comment on the regulations. These comments will be reviewed by the Canadian Federal Inspection Agency (CFIA), which will be the lead government body responsible for overseeing the implementation and enforcement of the new regulations. Once the public comment period has ended on November 16, 2006 and the CFIA has had the opportunity to consider and respond to all comments, the regulations will be published in the Gazette, part II. At this time, a Canadian Organic Office will be established by the CFIA and the Canadian Organic Regime will be implemented.

To see the pre-published version of the regulation that is currently in Gazette I, go to: http://canadagazette.gc.ca/partI/2006/20060902/html/regle2-e.html

As more information becomes available, QAI will keep clients informed.

CAAQ Recent Standard Updates

Article on Fruit and Vegetable Labeling In Québec – Update

Marketing of Fruits and Vegetables in Québec – Update to Exemption Policy

The CAAQ has recently modified its policies on exemptions for bulk, unpackaged fruits and vegetables being sold in Québec. Current standards require that all fruit be individually labeled when possible, and that the name of the certifier, as well as client identification (code or name) be on each label. This labeling requirement exceeds that of other organic standards, including the National Organic Program (NOP), and was put into place to address serious consumer confidence issues in the province. In order to allow enterprises marketing produce in Québec to come fully into compliance with this requirement, the CAAQ is extending the timeline for exemptions to this compliance to the following:

• 18 months for any request submitted before December 31st, 2006
• 12 months for any request submitted after January 1st, 2007
•  6 months for any request submitted after January 1st, 2008

These exemptions will be free of charge, but you still need to apply, so that your products are listed in the Register of Certified Products Granted Temporary Exemptions. You may apply for these directly from the CAAQ by contacting Nicole Boudreau at rps@caaq.org , or you may submit the following information to your Account Coordinator: Name of Product and ID Mark(s), Exemption Detail (what’s not on the label) and your plan of action to come into compliance with the regulation by the exemption deadline.

Still have questions? Contact Kasey Moctezuma at kasey@qai-inc.com

QAI's Kasey Moctezuma Confirmed as Certifier Rep

On November 6, the Québec Agroalimentary Promotion Council confirmed the nomination of 7 of 9 board members of the newly formed Conseil des Appellations Reservees et des Termes Valorisants (CARTV). Individuals include Kasey Moctezuma of QAI, as the certifier representative. (Kasey currently represents certifiers on the CAAQ board of directors.) Other nominees include those representing producers, processors, distributors, retailers, consumers, and alcoholic beverage producers.

.

QAI gears up for 5 year reaccredidation to the NOP

QAI was originally accredited to certify to the National Organic Program (NOP) on April 29, 2002.  Since that date, we have been annually audited by the USDA in order to demonstrate that we are following the correct procedures for certifiers outlined in the NOP.  This year QAI will celebrate its fifth year of certifying to the NOP and subsequently we will be going through the reaccredidation process with the USDA.       

To prepare for all accreditation audits, the Quality Department completes an internal audit of our certification procedures annually. This proactive approach ensures that our employees consistently follow the requirements of each regulation during the certification process of our clients.

Along with our internal audit, this year QAI has successfully completed annual audits for the CAAQ, IFOAM and ISO Guide 65 accreditation. The audit process QAI goes through with each of our accrediting bodies is similar to the inspection process all of our clients undertake each year with QAI.

November 12-14 PLMA (Private Label Manufacturers Association) Please stop by the QAI booth 1149 to visit one of our certification experts.

January 21-23, 2007 NASFT Fancy Foods San Francisco

In this issue, we turn the spotlight on QAI Account Coordinator, pub expert and beach specialist, Diana Chamot.

Back Story:

I was born and raised just outside Michigan’s capital city of Lansing. I spent four years attending Hope College, which is located in the very Dutch town of Holland right on Lake Michigan. There I double-majored in biology and psychology and spent each summer hanging out at the beach. After graduating I decided to take a little adventure, so I headed off to Edinburgh, Scotland. I spent my time working in a pub and traveling all through the UK and Ireland. Oh, and avoiding traditional Scottish dishes like “haggis”.

After eventually returning to reality, I worked as a coordinator on a research study in Chicago for a couple of years. It was here in the windy city that I finally realized that Midwest climate is just not for me! When the opportunity to move to San Diego and work for QAI arose a little over a year ago, I jumped at the chance.

Real Time:

My experience at QAI in the past year has been exceptional. Everyday brings a new challenge, which keeps life interesting as well as rewarding. I have the privilege of working with great people everyday, from our clients to my fellow co-workers at the “Q”. Being involved in the growing organic industry has greatly impacted my personal life as well as professional.

Outside the office you’ll probably find me basking on a beach somewhere, on the tennis court or reading a good book.

Fun Facts:

Favorite beverage: Strong coffee – I’m rarely without a cup

Favorite TV show: Any medical mystery show on the Discovery Health channel

Favorite band: The Police

Favorite food: Breakfast of any kind…

In my DVD player right now: Memento; 1st Season of “Scrubs”

Favorite place: Isle of Skye, Scotland

Places I’d love to visit someday: Australia, Greece

Favorite book: Pride and Prejudice by Jane Austen

Favorite animal:  Labrador retriever or Pug…I can’t decide!

To contact QAI:

If you have questions, concerns, or need general information, go to the QAI web site to learn how to contact us or to send us an email. For questions pertaining to QAI’s Quality News contact Ellen P. Holton, NSF QAI National Corporate Accounts Manager, Supply Chain.

QAI, Inc. is an NSF International Company. Visit the NSF web site to learn more about NSF International, The Public Health and Safety Company™.