§6518 National Organic Standards Board

Summary

Creates a 15-member National Organic Standards Board to help set rules about what substances can be used in organic farming and to advise the Secretary of Agriculture. The board must include four organic farmers, two organic handlers, one retail seller of organic products, three environmental/resource conservation experts, three consumer or public interest representatives, one expert in toxicology/ecology/biochemistry, and one certified organic agent. The Secretary had to appoint most members within 180 days after November 28, 1990, and the certifying-agent member after certifiers were established. Members serve 5-year terms (original members are staggered). The Secretary must call the first meeting within 60 days after members are appointed and hold more meetings regularly. Board members are unpaid but can get travel expenses under section 5703 of title 5. The board picks its chair, a majority of members is a quorum, and two-thirds of the votes cast at a meeting with a quorum are needed to pass motions (two-thirds is also needed for changes to the National List). The Secretary may let the board hire a staff director and staff and may pay necessary expenses if money is provided. The board must recommend policies to the Secretary, create proposed versions of the National List of allowed and prohibited substances, and form technical panels to review materials. Before the National List started, the board had to review botanical pesticides for possible prohibition. The board also advises on residue testing and on rules for emergency spray programs. When making National List proposals, the board must review information from agencies like the EPA and NIEHS, work with manufacturers to learn all ingredients (including synthetic inerts), and submit its and the panels’ evaluations to the Secretary. The board must consider chemical interactions, toxicity and breakdown, contamination risks, human health effects, impacts on soil, crops and livestock, alternatives, and fit with sustainable farming. It must set petition rules for people to request reviews and keep any confidential business information private.