PCO Updates: Standards & Policy, Certification, Legislative

Written by Kyla Smith- PCO Certification Policy Advisor, NOSB USDA Accredited Certifying Agent Seat, 2021-2026

The OLPS final rule had an implementation date of January 2, 2025 for most previsions. Some requirements pertaining to poultry indoor and outdoor space requirements have a later implementation date of January 2, 2029.

In order to assess your operation’s compliance with the new requirements, PCO sent applicable operation’s the relevant forms to be updated and submitted to PCO by March 1, 2025. If you have questions, regarding the new requirements and how they apply to your operation or specific questions on the update forms, please contact your Certification Specialist.

Additionally, please keep in mind PCO’s OLPS website (https://paorganic.org/certification/organic-livestock-and-poultry-standards/), which contains useful resources and training information.

Written by Kyla Smith- PCO Certification Policy Advisor, NOSB USDA Accredited Certifying Agent Seat, 2021-2026

On December 23, 2024, the National Organic Program published the Market Development Final Rule which amends the organic regulations to promote a fairer market for all mushroom and pet food producers and encourage growth in these sectors. The rule will provide increased certainty to support conditions necessary for growth in the organic mushroom and pet food markets and markets for related inputs (e.g., organic production by-products) by ensuring that USDA-certified organic products are produced to the same consistent standard.

In general, the rule will:

• Clarify which crop production standards mushroom producers should use, and which new requirements should be followed for mushroom substrate and spawn used in mushroom production.
• Standardize existing practices in organic pet food handling by applying the regulations for organic processed products to pet food.
• Allow the synthetic amino acid taurine to be used in organic pet food.

Establishing clear and uniform standards will give organic mushroom and pet food producers the confidence and certainty to know they are operating in a fair and competitive market.

The USDA issued a delay in the effective date of this rule in response to the President’s January 20th memo, which placed a regulatory freeze on newly published regulations to allow for further review (this is a common practice for all rules in this type of scenario).

The effective date is delayed until March 21, 2025 and the implementation/compliance date is set to March 22, 2207, a 30-day delay for both dates.

In the meantime you may read the final rule at https://www.federalregister.gov/documents/2024/12/.... If you would like a hard copy sent to you, please contact Kyla Smith (kyla@paorgnic.org; 814-422-0251 x216).

Written by Kyla Smith- PCO Certification Policy Advisor, NOSB USDA Accredited Certifying Agent Seat, 2021-2026

Included in your Annual Update packet was a Policy Update letter that informed clients of some changes to PCO policy that may impact your operation. These included:

Treated Wood: PCO Policy Update

PCO has revised our policy on Treated Wood to be more in line with other certifiers regarding allowed barriers used to prevent contact of organic crops, land and/or animals with treated wood. Effective March 1, 2025, PCO will no longer allow paint as a barrier. Previous installations that used paint as a barrier prior to 3/1/2025 are allowed.

The organic regulations prohibit treated wood from being in direct contact with crops, soil and/or animals. An operation may use an alternative to treated wood or if treated wood is used then an approved barrier must be used. The following are allowed as alternatives or may be used as a barrier. This is not an exhaustive list:

• Rot resistant wood (such as white oak, black locust, western red cedar, or osage orange)
• Sealants
• Metal
• Plastic (e.g. plastic sleeves, which are shrink-wrapped on)
• Vinyl (prohibited for use as a weed barrier/mulch - 205.601(b)(2)(ii))
• Established buffer
• Electric wire

After March 1, 2025 one of the above may be used as an alternative or as a barrier. Paint may not be used as a barrier for any new or replacement treated wood scenarios on your organic operation. You may also not repaint treated wood already in use. You will need to choose a different barrier (see above list) to prevent contact of organic crops, land and/or animals with the treated wood.

Outside of Scope Materials: NEW PCO Policy

PCO has created a new policy called Outside of Scope Materials. The purpose of this policy is to outline when materials are considered “outside of scope” and are not reviewed by the Materials Review Team (MRT). This applies only to materials used per the organic regulations (i.e. NOP materials) and does not include materials used for other regulatory schemes (e.g. OPT Grass-fed). Operations do not need to include the following materials on their Materials Used Form:

Facility (General):

• Hand soaps, hand sanitizers, and hand dips*
• Maintenance Materials*
  • Caulking or insulation
  • Greasing equipment (no direct contact with organic products)
  • Painting, whitewashing or coating of facilities
• Freezer floor walk grips or deicers*
• Construction materials such as asphalt, concrete, epoxies, floor sealants, paints, silicones, pipe cleaners and glues, and galvanized metal used as building material or nails*
  • Does not include paint, stains, and other wood sealants that may contact soil, crops or livestock.
• Packaging and storage container materials
  • With fumigants, preservatives or fungicides*
  • Without fumigants, preservatives or fungicides
• Mechanical pest control devices such as traps (including common food items used for bait such as peanut butter)
• Cleaners/sanitizers in the following locations*:
  • Non-processing area cleaning inputs (e.g. bathrooms, offices)
  • In organic production area but with no product contact (e.g. Floor, window, and drain cleaners and sanitizers, Sewage line cleaners, deodorizers, and sanitizers)
• Testing equipment/tools (e.g. pH, ammonia, quat test strips)
• Employee/visitor human footbaths for sanitation* (excluding quats)

Crop:

• Untreated seeds
• Grafting equipment, such as clips, grafting tape (including parafilm), and bands
• Blast media for utility exploration
• Pots and other nonbiodegradable poly materials (e.g. woven pots), including repurposed materials such as rain gutters that pose no threat of contamination to the organic product
• Silage bags and covers
• Tomato cages; galvanized are acceptable too.
• Polyester mesh bags for washing greens

Livestock:

• Medical devices/tools such as surgical tools (thread, sutures, needles, medical tape), magnets, teat dilators, cow slips/boots, CMT mastitis test kits, and adhesives
• Marking paint and back tags, including glue used for identification is allowed
• Eye patches, including glue (for pinkeye treatment)
• Hoof blocks, including glue
• Lubricants (for medicine boluses, vet care, artificial insemination, etc.)
• Antisuck rings - non-piercing plastic rings to prevent calf sucking

Processing:

• Marking Ink on Food
• Reverse Osmosis (RO) Technology
• Hard plastic or metal molds used as casing
• Filters (food-grade filters that only act as a physical barrier)
• Desiccants (e.g. silica gel packets, absorbent pads)
• Packaging
• Cheese wax (if removed prior to consumption)

If any material identified with an asterisk (*) above is used, the operation must ensure compliance with §205.272 of the organic regulations to prevent contamination with organic products. For example, if using hand soaps or sanitizers ensure soap is washed or hand sanitizer is dry on hands prior to touching organic products.

PCO is in the process of updating our Materials Used Form with the above policy information. The version you receive may not completely align with the above.

Manure – Off-Farm Sources: PCO Policy Update

PCO has revised our policy on off-farm manure sources to clarify the following points:

• Any substances added to the manure (e.g. microbial pit additives, odor control products, lime) by the certified operator, supplier and/or source must be reviewed for compliance by PCO prior to use.
• Verification that prohibited materials were not directly applied to off-farm manure may include the PCO Off-Farm Manure Affidavit or other documentation containing the same information.
  • This verification is required to be provided by the source farm.
  • Additionally, PCO may also require additional documentation from the transporter and/or distributor to verify that no prohibited substances were added while the manure was in their possession (i.e. the transporter collects manure and the stores for a period of time prior to selling to organic operations).

If you obtain manure from an off-farm source such as a transporter/hauler/distributor that sources from various farm sources, it is not adequate for the Off-Farm Manure Affidavit (OFMA) to only be completed by the transporter/hauler/distributor. PCO requires the OFMA to be completed by the farms the transporter/hauler/distributor sourced the manure from.

Please contact Kyla Smith, PCO Certification Policy Advisor, with questions pertaining to the above PCO policy updates via email at kyla@paorgnic.org or phone at 814-422-0251 x216.