Groups opposed to certification of production systems incorporating containers and hydroponics failed in their most recent attempts in the last few weeks to convince the USDA and the National Organic Standards Board to initiate the process for new standards for those production systems.
 
Several groups including the Real Organic Project, the Organic Farmers Association, the National Organic Coalition and others presented testimony at the recent National Organic Standards Board meeting in Seattle and in recent press campaigns to call for a moratorium on certifications for organic production systems using containers and hydroponics. The moratorium would be followed by the revocation of certification for existing operations. However, if the USDA does not agree to those terms, the groups insist that new more restrictive regulations must be drafted, implemented and then applied to container and hydroponic organic production systems.
 
Those groups have begun the tactic of inventing hypothetical scenarios about production practices, and they then ask for clarification from USDA regarding the legality of such an approach. USDA indicated that they would not likely give opinions regarding hypothetical situations, but USDA will look at specific cases and instances of operations performing actual activities to review for compliance. The CSO expects that opponents of certifications for containers will refer operations for review, and USDA will respond regarding those practices.
 
However, this activity will not be unofficial rule making or regulations that are created without any opportunity for public input. USDA does not have the authority to implement standards through the guidance process that would create special restrictions for container operations. Any new restrictions would have to go through the formal rule making process.
 
Organic producers must follow all applicable USDA standards for organic production systems. Specifically, growers need to show that their production system is managed to respond to site-specific conditions by integrating cultural, biological, and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity.
 
Here are the requirements copied from 7 CFR 205.201 that lay out the elements required to be included in the organic production and handling systems plan.
 
§205.201   Organic production and handling system plan.

(a) The producer or handler of a production or handling operation, except as exempt or excluded under §205.101, intending to sell, label, or represent agricultural products as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must develop an organic production or handling system plan that is agreed to by the producer or handler and an accredited certifying agent. An organic system plan must meet the requirements set forth in this section for organic production or handling. An organic production or handling system plan must include:

(1) A description of practices and procedures to be performed and maintained, including the frequency with which they will be performed;
 
(2) A list of each substance to be used as a production or handling input, indicating its composition, source, location(s) where it will be used, and documentation of commercial availability, as applicable;
 
(3) A description of the monitoring practices and procedures to be performed and maintained, including the frequency with which they will be performed, to verify that the plan is effectively implemented;
 
(4) A description of the recordkeeping system implemented to comply with the requirements established in §205.103;
 
(5) A description of the management practices and physical barriers established to prevent commingling of organic and non organic products on a split operation and to prevent contact of organic production and handling operations and products with prohibited substances; and
 
(6) Additional information deemed necessary by the certifying agent to evaluate compliance with the regulations.
 
(b) A producer may substitute a plan prepared to meet the requirements of another Federal, State, or local government regulatory program for the organic system plan: Provided, That, the submitted plan meets all the requirements of this subpart. 
 

Your Membership and Activity Still Needed 

The efforts of growers and other members of the organic community like yourself helped to create more regulatory certainty and to safeguard your rights to select the most appropriate growing methods in your organic operations continues. 
 
Join the CSO if you have not done so already.  Our sustained efforts on behalf of the hydroponic, aquaponics and container industry around the country and in Washington, DC rely on dues from farming operations like yours.