The process can be described in five discrete steps: Petition; TAP Review; Public Comment; NOSB Recommendation; and NOP Rulemaking. The attached flow chart helps to visualize the process.
STEP 1 — Petition
A petition is submitted to the NOP to either add or remove a substance on the National List. The NOP reviews the petition for completeness, and sends the petition to the NOSB. During its initial evaluation, the NOP may also consult with other regulatory agencies if the petitioned substance is subject to their regulations. Petitions are now being posted on the website (http://www.ams.usda.gov/nop/Petition/PetitionHome.html.)
STEP 2 – TAP Review
The NOSB Materials Committee reviews the petition and determines if the petitioned substance qualifies for inclusion on the National List. If so, it then recommends a Technical Advisory Panel (TAP) review of the substance by a contractor who will evaluate the scientific and technical issues associated with use of the substance in organic production. Before or after the TAP review is conducted, the NOSB may request additional information from the petitioner.
STEP 3 – Public Comment
Upon completion, the TAP review is posted for public comment and the material is placed on the agenda for the next public NOSB meeting.
STEP 4 – NOSB Recommendation
Prior to the NOSB meeting, the appropriate committee (crops, livestock, or processing) meets and develops a recommendation, documenting their reasoning on forms that outline the criteria for material review. At the NOSB meeting, the substance and issues raised in the TAP review and by public comment are discussed and evaluated. The NOSB then votes on inclusion of the substance as allowed or prohibited, with a two thirds majority vote required to make a recommendation. Annotations that place source and use restrictions are often included within the recommendation.
STEP 5 – NOP Rulemaking
The NOP takes the NOSB recommendations through a formal rulemaking, if the recommendation is accepted as consistent with the OFPA. The recommendation is structured as regulatory text and assigned a Code of Federal Regulation (CFR) section number and published in the Federal Register as a proposed amendment to the National List with a call for public comment. Following review of public comment and any changes in the regulatory language arising from this review, the NOP publishes a final rule in the Federal Register. At this point the substance is officially added to the National List.
