View all text of Chapter 94 [§ 6501 - § 6524]
§ 6518. National Organic Standards Board
(a) In general
(b) Composition of Board
The Board shall be composed of 15 members, of which—
(1) four shall be individuals who own or operate an organic farming operation, or employees of such individuals;
(2) two shall be individuals who own or operate an organic handling operation, or employees of such individuals;
(3) one shall be an individual who owns or operates a retail establishment with significant trade in organic products, or an employee of such individual;
(4) three shall be individuals with expertise in areas of environmental protection and resource conservation;
(5) three shall be individuals who represent public interest or consumer interest groups;
(6) one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and
(7) one shall be an individual who is a certifying agent as identified under section 6515 of this title.
(c) Appointment
(d) Term
(e) Meetings
(f) Compensation and expenses
(g) Chairperson
(h) Quorum
(i) Decisive votes
(1) In general
(2) National list
(j) Other terms and conditions
(k) Responsibilities of Board
(1) In general
(2) National List
(3) Technical advisory panels
(4) Special review of botanical pesticides
(5) Product residue testing
(6) Emergency spray programs
(l) Requirements
In establishing the proposed National List or proposed amendments to the National List, the Board shall—
(1) review available information from the Environmental Protection Agency, the National Institute of Environmental Health Studies, and such other sources as appropriate, concerning the potential for adverse human and environmental effects of substances considered for inclusion in the proposed National List;
(2) work with manufacturers of substances considered for inclusion in the proposed National List to obtain a complete list of ingredients and determine whether such substances contain inert materials that are synthetically produced; and
(3) submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board’s evaluation and the evaluation of the technical advisory panel of all substances considered for inclusion in the National List.
(m) Evaluation
In evaluating substances considered for inclusion in the proposed National List or proposed amendment to the National List, the Board shall consider—
(1) the potential of such substances for detrimental chemical interactions with other materials used in organic farming systems;
(2) the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment;
(3) the probability of environmental contamination during manufacture, use, misuse or disposal of such substance;
(4) the effect of the substance on human health;
(5) the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock;
(6) the alternatives to using the substance in terms of practices or other available materials; and
(7) its compatibility with a system of sustainable agriculture.
(n) Petitions
(o) Confidentiality
(Pub. L. 101–624, title XXI, § 2119, Nov. 28, 1990, 104 Stat. 3947; Pub. L. 102–237, title X, § 1001(7), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 115–334, title X, § 10104(e), (f), Dec. 20, 2018, 132 Stat. 4901; Pub. L. 117–286, § 4(a)(39), Dec. 27, 2022, 136 Stat. 4309.)