Compostable Plastics Under the USDA National Organic Program
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1 Compostable Plastics Under the USDA National Organic Program Prepared for US Composting Council Bioplastics Symposium January 26, 2011 by Bill Wolf Wolf DiMatteo + Associates 2010
2 Agenda USDA NOP & BIOPLASTICS I. Introductions II. III. IV. How USDA NOP Works NOP Definition of Synthetic Who Reviews & Approves Compost V. Current Regulation of Compost VI. Current Regulation of Plastics 2
3 Bill Wolf 35 years building organic sector including pest controls, fertilizers and foods OMRI, Founding President Organic Trade Association, Past Board President Founder, Necessary Trading Company 1 st national organic farm supply company Founder, Concern Organic gardening supplies to retail President; Strategic Planning Specialist New Resource Bank 1 st commercial green bank in USA 3
4 Strategic Planning Organic Business Strategy Sustainable Initiatives Global Organic Compliance Organic System Plans Certification Audits Informational Webinars Sustainable Agriculture Soil & Pest Management Standards Development Policy & Standards Organic Regulations International Trade Policy Our mission is to deliver the strategic expertise to help organic, socially and environmentally responsible products and projects reach their full potential and flourish. 4
5 HOW THE USDA NOP WORKS 5
6 History of National Organic Program OFPA Federal Law 1992 to date - NOSB Meetings and Two Public Drafts Dec. 21, Final Rule Apr. 21, st Accredited Certifier List Oct. 21, Full Enforcement All food product labeled organic in the U.S. must be certified by USDA accredited Certifiers and comply with 7 CFR
7 U.S. Organic Production Defined An organic production system is managed in accordance with the OFPA and NOP to respond to sitespecific conditions by integrating cultural, biological and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity. 7
8 USDA NOP Definition of Synthetic NOP defines Synthetic as: A substance that is formulated or manufactured by chemical process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes. There are still gray areas open to interpretation ex. CSL 8
9 Certified Organic vs. Allowed Inputs CERTIFICATION of Agricultural Food and Fiber Products ALLOWED INPUTS for use in producing organic products Can also be on 25B exempt pesticides EPA Logo for Registered Pesticides only 9
10 How NOP Works Accredited Agents WHO CERTIFIES ORGANIC PRODUCERS? USDA Accredits 97 Independent Certifiers as agents of the Secretary of Agriculture to certify organic producers and handlers worldwide (55 Domestic / 42 Foreign) These agencies must verify that compost and other inputs comply with the NOP Regulations 10
11 3 rd Party Review of Allowed Inputs WHO APPROVES COMPOSTS AND OTHER INPUTS FOR USE IN ORGANIC PRODUCTION? Organic Materials Review Institute (OMRI) Washington State Dept. of Agriculture (WSDA) Some Accredited Certifying Agents (ACA) California Dept. of Food and Agriculture (CDFA) - new regulation: AB856 11
12 AB856 Organic Input Material Registration in CA New Registration Requirement for Compost Sold to Organic Farmers Defines Organic Input Material (OIM) Requires OIM label registration with CDFA to ensure compliance with NOP regulations and guidelines Requires CDFA to perform inspections of OIM production sites at least once a year Authorizes CDFA to take samples at various stages of OIM production Sets OIM label registration, inspection and licensing fees Civil penalties, misdeameanor fines, loss of license Full implementation January 1,
13 Ex: Flow Chart Control Points Similar to OSP Receiving of Raw Ingredients Storage of Raw Ingredients OCCP 1, 2, 5, 6 OCCP 3, 4, 5 Production Flow and appropriate OCCPs continue through the handler-specific processing, warehousing, shipping and transportation steps Organic Critical Control Points (OCCPs) 1. Confirmation of NOP compliance 2. Identity Preservation (IP) Lot # tracking and recording 3. No co-mingling with non-nop compliant ingredients 4. No contamination with prohibited substances 5. Proper segregation and protection during storage 6. No contamination during transport Example of an Organic Critical Control Point: OCCP 1 Confirmation of NOP compliance Facility must have on file current documentation to show that each ingredient from each supplier is compliant to NOP. This may include certificates from independent 3 rd party reviews (such as OMRI) and/or manufacturing process descriptions, declarations that Genetic Engineering, Ionizing Radiation, and Sewage Sludge are not used, etc. 13
14 NOP and Plastics References : Crop pest, weed, and disease management practice standard. (c) Weed problems may be controlled through: (1) Mulching with fully biodegradable materials Gray area as to whether this includes bioplastics. All bioplastics are not fully biodegradable. Maryland Dept. of Ag & other ACAs ruled bioplastic mulch synthetic. Example: One Straw Farm under appeal 14
15 UREC Unavoidable residual environmental contamination (UREC) Background levels of naturally occurring or synthetic chemicals that are present in the soil or present in organically produced agricultural products that are below established tolerances. NOP Compost Policy 5016 Green waste and green waste compost that is produced from approved feedstocks, such as, non-organic crop residues or lawn clippings may contain pesticide residues. Provided that the green waste and green waste compost (i) is not subject to any direct application or use of prohibited substances (i.e. synthetic pesticides) during the composting process, and (ii) that any residual pesticide levels do not contribute to the contamination of crops, soil or water, the compost is acceptable for use in organic production. Example: Bifenthrin in compost 15
16 Petitioning to Amend the National List Complete Petition Accepted TAP Review NOSB Vote YES NOP Posts to Federal Register Re-Review Every 5 Years Successful Petition Generally Takes 2-3 Years 16
17 NOP Compost Policy 5016 NOP supports the use of composted plant and animal materials Approved compost feedstocks: Plant and Animal Materials (crop residues, animal manure, food waste, yard waste) Allowed Nonsynthetic (Natural) Substances Synthetics on National List for Crop Production Residual pesticide levels must not contaminate crops, soil or water 17
18 Bioplastics in NOP Compost as of Gray Areas are open to Interpretation at this time GENERALLY ALLOWED: Source separation of bioplastics to non-nop compost or other use Unintentional incidental quantities allowed (UREC) (examples: Bifenthrin in grass clippings, antibiotics in poultry manure) There are currently no Petitions before NOSB regarding this issue 18
19 For Further Information CA Dept. of Food and Ag (CDFA) OTA Compliance Plan Guidance For assistance with Input Compliance Plans Wolf, DiMatteo + Associates 1. info@organicspecialists.com 19
20 For Further Information National Organic Program OTA Compliance Plan Guidance For assistance with Input Compliance Plans Wolf, DiMatteo + Associates 1. info@organicspecialists.com 20
21 Thank you! Our mission is to deliver the strategic expertise to help organic, socially and environmentally responsible products and projects reach their full potential and flourish. 21
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