Answers to Your Questions: AUGUST

Developed by The New Farm® Answer Team

AUGUST 15, 2003: Here are some of the certification-related questions you’ve asked us recently, along with responses from our answer team.

1. Are individual certifiers allowed by the NOP to set maximum tolerances for unintentional GMO contamination? Do any certifiers require GMO testing of harvested crops?

NOP doesn't give certification agents the ability to establish additional or higher standards, such as "tolerance levels" for unintentional GMO contamination. (The NOP uses the term “excluded methods” to refer to GMOs.) The NOP doesn't consider the presence of GMOs in organic product as immediate cause for denial or suspension of certification. The following language from the preamble (pg. 80556) under the topic heading "Genetic drift" clarifies the NOP's perspective on this issue:

"When we are considering drift issues, it is particularly important to remember that organic standards are process based. Certifying agents attest to the ability of organic operations to follow a set of production standards and practices that meet the requirements of the Act and the regulation. This regulation prohibits the use of excluded methods in organic operations. The presence of a detectable residue of a product of excluded methods alone does not necessarily constitute a violation of this regulation. As long as an organic operation has not used excluded methods and takes reasonable steps to avoid contact with the products of excluded methods as detailed in their approved organic system plan, the unintentional presence of the products of excluded methods should not affect the status of an organic product or operation."

Although they cannot require testing for GMO residues in the absence of suspected use of "excluded methods" by the operation, certifiers routinely assess efforts made by operators to avoid/minimize unintentional GMO contamination via pollen drift or other potential sources of contamination, since GMOs are seen as “prohibited substances”, the use of which is not allowed.

In the U.S., for the time being, GMO-residue tolerance levels will continue to be determined in the marketplace by the buyers of organic products, not by specific tolerance levels set in standards. If farmers, consumers, and certifiers wish to build GMO-residue tolerance levels into the federal organic standards, then a coordinated effort/campaign would need to come from the organic community (OTA, NOSB, National Campaign for Sustainable Ag, etc.) to create a recommendation to the NOP for adoption of a new standard.

2. I produce organic sunflower sprouts. They are grown in a soil mix in trays in a greenhouse. The "sprouts" are cut from the soil and not sold with the seed still intact. I know that the NOP regulation requires organic seeds for the production of “edible sprouts”. Do I have to use organic sunflower seeds to produce sunflower sprouts, since they are grown in soil and the sprouts are cut from the seed?

Organic seeds are required for all organic growers, if the seeds are commercially available in organic form. Organic sunflower seeds are commercially available, so you need to use organic sunflower seeds to produce your organic sprouts, regardless of whether the sprouts are grown in a soil mix or if they are cut from the seed. In addition, according to section 205.204.a.1, organic seeds MUST be used to produce “edible sprouts”. There is no distinction made for the growing method or medium for the sprouts. If the product is edible sprouts, the seeds must be organic. This is consistent with FDA policies, which do not distinguish between growing methods for the production of “sprouts”. As always, check with your certifier.

3. I have a small dairy herd, milking about 30 cows. It is a pasture system. I don’t raise any row crops. Do I have to get my pastures certified in order to sell organic milk?

Yes, your pastures must be certified. The pastures, and how they are managed, must be described in your Organic System Plan, which you submit to your certification agency. You need maps showing all of the pastures. The maps can be aerial photos, surveyor maps, plat maps, hand drawn, or computer generated. You also need to submit a field history showing all inputs and crops grown. For pastures, this should be relatively simple. You also need to assess your pastures to determine if any adjoining land uses pose contamination risks. If there is a risk of contamination, you need to establish buffer zones so your animals don’t graze next to land where prohibited materials are being applied. The pastures need to be managed to protect soil and water resources and to provide edible forage. They also need to be inspected annually, along with your herd and the rest of your operation.

4. We operate a feed mill. We are thinking of adding an organic laying hen ration to our product line. We have heard that livestock feed must contain at least 95% organic ingredients in order to be labeled “organic”. For laying hens, the complete ration typically contains over 5% calcium and other supplements. Will we be able to produce a balanced layer ration and label it “organic”?

This is a confusing issue. It’s true that the organic food labeling requirements mandate at least 95% organic ingredients in products labeled “organic”, but the organic livestock feed labeling requirements are different. NOP section 205.301.e requires that all agricultural ingredients in livestock feed must be organically produced and handled in compliance with section 205.237. Non-agricultural ingredients may be used in feeds labeled as “organic”, so long as all of the agricultural ingredients are organically produced and handled. There is no limit set on the amount of non-agricultural ingredients in the product. Non-agricultural ingredients include vitamin and mineral supplements approved for organic use. All supplements and additives must be either natural materials, such as calcium carbonate, or listed as allowable on the National List.

Certification Archives

For a full list of your questions and our answers as well as some highlighted articles, visit our certification archives or click on the desired category below.

 

1. General
2. Certification
3. Crop Production
4. Livestock Production
5. Handling
6. Labeling
7. Allowed and Prohibited Substances