MOSA provides our clients with much more than just certification.

Joe Pedretti

MOSA Client Services Director

Certification Policy Update 

Certification Policy Update 

By Jackie DeMinter, Certification Director

 

National Organic Program Updates

NOP Grants Temporary Variance for Induced Molting in U.S. Organic Laying Operations

On March 27, 2026, the USDA's National Organic Program (NOP) granted a temporary, one-year variance from the organic regulation at 7 CFR § 205.238(c)(10), which generally prohibits induced molting.

 

This decision stems from multiple organic certifier requests submitted on March 20, 2026 on behalf of certified organic laying operations facing significant business interruption due to a severe shortage of replacement chicks. This shortage is a direct result of the impacts of Highly Pathogenic Avian Influenza. After reviewing the submitted documentation, NOP determined that the conditions warranting this request are applicable to all organic laying operations across the United States. Therefore, the temporary variance applies universally to U.S. organic laying operations for one year, beginning on March 27, 2026. Operations that induce molting under this variance must continue to fully comply with all other applicable USDA organic regulations. MOSA operations must update MOSA if utilizing this variance. 

 

Updated Regulations: Market Development for Mushrooms and Pet Food

The National Organic Program published the final rule for both Mushrooms and Pet food in December with an effective date of February 21, 2025 and a compliance date of February 22, 2027. This publication was quickly followed by a notice of postponement until March 21, 2025. Soon after, the USDA published a proposed rule to rescind the regulation after which MOSA paused implementation of the final rule. Now the message from the National Organic Program is to proceed with implementation. As such, MOSA is participating in certifier working groups to ensure consistent implementation and we  plan to update our Organic system plans and gather additional information during our next update season. Mushroom growers will need to be prepared with updates as follows to their operations to align with the new standards. Please contact MOSA with any questions about impact to your operation. In summary, the rule:

Mushroom Production 

  • Establishes definitions for mushroom, mushroom mycelium, mushroom spawn, mushroom spawn media, and mushroom substrate for the purposes of the USDA organic regulations.
  • Clarifies that mushrooms are a type of crop and updates the definition of crops to include mushrooms.
  • Creates a new section of the organic regulations titled “Mushroom Production Practice Standard,” to describe standards related to the production of mushrooms, mushroom spawn, and products of mushroom production.
  • Specifies allowed substances in organic mushroom spawn media and organic mushroom substrate.
  • Requires that uncomposted plant materials used in mushroom substrate be organic when commercially available; requires that operations describe in their organic system plan the procedures and criteria used to search for organic materials and the recordkeeping system used to track purchases of nonorganic plant materials.
  • Allows nonorganic wood materials in mushroom substrate and spawn media.
  • Requires that operations use organic mushroom spawn when commercially available.
  • Describes minimum requirements for compost used in mushroom substrate. (The requirements for compost used in other types of crop production (i.e., plants) are unchanged.)

Pet Food

  • Establishes definitions for pet and pet food for the purposes of the USDA organic regulations and clarifies that pet food is distinct from livestock feed under these regulations.
  • Clarifies the requirements for composition and labeling of organic pet food using the existing regulatory framework for processed organic products.
  • Allows use of synthetic taurine (an amino acid) in organic pet food, as well as other vitamins and minerals that are approved by the Food and Drug Administration.

 

Green Lightning and similar Nitrogen Fixing Technologies

The National Organic Program has clarified their stance on nitrogen fixing technologies, such as Green Lightning: water processed by these machines is prohibited.  “NOP has received questions from certifiers regarding devices designed to cause chemical reactions — such as nitrogen fixation — among atmospheric molecules, where the resulting substance is intended as an input in organic production. Consistent with existing guidance on classification of materials, substances manufactured through a chemical reaction are considered synthetic and are not allowed under the USDA organic regulations, unless specifically permitted. Certifiers that have approved such inputs should work with their certified operations to discontinue their use and bring affected operations into compliance. The certification status of the certified operation and land will not be affected if the use of the input is promptly discontinued.” MOSA has notified all clients that have inquired regarding the use of such technology. Let the MOSA team know if you have any additional questions. 

National Organic Standards Board Spring 2026 Meeting

The Spring 2026 National Organic Standards Board (NOSB) Meeting offers opportunities for public participation through written and oral comments. The meeting includes online comment webinars on May 5 & 7, 2026, and a three-day public meeting in Omaha, Nebraska, from May 12–14, 2026.

Key deadlines for participation are:

  • Written Comments: May 4, 2026 (11:59 pm ET), submitted via Regulations.gov. Written comments may be submitted via Regulations.gov through May 4, 2026 (docket number AMS-NOP-25-0914). 
  • Oral Comments: April 27, 2026 (11:59 p.m. ET), which requires registration for a speaking slot.Registration for oral comment speaking slots is now open through April 27, 2026, or until capacity is reached. 

Interested parties should review the Spring 2026 Meeting webpage to review the agenda, proposals, and resources, including the guide on "Writing an Effective Public Comment," and submit feedback by the respective deadlines.

 

Proposed Changes to the National List for Organic Crops and Livestock 

Docket Number: AMS-NOP-22-0029; NOP-22-02

Public Comment Period Closes May 22, 2026

On March 23, 2026, the USDA Agricultural Marketing Service (AMS) National Organic Program (NOP) published a proposed rule in the Federal Register to update the National List of Allowed and Prohibited Substances. This National List specifies synthetic substances that are permitted and natural substances that are prohibited in organic production and handling.

This proposed rule is in line with the Organic Foods Production Act of 1990 (OFPA), which requires that any synthetic substance added to the National List must meet specific criteria and be recommended by the National Organic Standards Board (NOSB). Specifically, this amendment would implement several recommendations made by the NOSB following its public meetings in October 2021, October 2022, and October 2024.

  • Allow carbon dioxide in organic crop production. Specifically, carbon dioxide is proposed for addition to National List at 7 CFR 205.601(a) and 205.601(j) as a synthetic substance allowed for use in organic crop production to adjust the pH of irrigation water and for atmospheric adjustment in indoor crop production environments. This proposed rule would allow organic crop operations to use synthetic carbon dioxide, which is commonly sourced as a byproduct from various commercial processes. 
  • Allow meloxicam as a pain treatment in organic livestock. AMS is proposing to add meloxicam to the National List at 7 CFR 205.603(a) as a synthetic substance allowed for use in organic livestock production. Meloxicam is a nonsteroidal anti-inflammatory drug (NSAID) used primarily to treat pain and inflammation. Organic livestock identified a need in their industry for more tools to improve pain management in their operations, for both dairy and meat animals. 
  • Remove restrictions on the use of methionine in organic poultry feed. This rule proposes amending the current allowance of methionine, an amino acid in poultry diets, by removing the limits on the amount of synthetic methionine a producer can add to poultry feed rations. If finalized, producers will have greater flexibility in using methionine to meet the health and nutrition requirements of organic poultry flocks. 

  • Affirm that natural sodium nitrate is allowed in organic crop production, with certain conditions to protect soil quality. This rule proposes renewing the listing for sodium nitrate on the National List at 7 CFR 205.602 as a natural substance allowed for limited use in organic crop production. If finalized, this proposed rule would allow for application of natural sodium nitrate as a nitrogen fertilizer for up to 20 percent of a crop's total nitrogen requirement, as was observed prior to 2012. 

     

Refer to the Federal Register notice for this proposed rule for complete information pertaining to proposed updates. More information on the National List, including how and why substances are added, modified, or removed, is available on the National List webpage. USDA welcomes comments on the proposed changes published in the Federal Register. The public comment period will close 60 days after publication.

See NOP’s Organic Integrity Learning Center microlearning module Writing an Effective Public Comment to learn how to submit an effective public comment. This module helps members of the organic community more effectively participate in the process of developing organic standards. Effective commenting lets us hear your voice and helps USDA better balance the needs of everyone impacted in the organic market.

56 Substances Renewed on the National List until 2031

On February 9, 2026 the USDA published the complete list of renewed substances in the Federal Register. Twenty-four synthetic substances continue to be allowed in organic crop and livestock production and two natural substances continue to be prohibited. Twenty-four nonagricultural substances and six nonorganic substances continue to be allowed in organic handling. 

 

USDA Extends Enforcement Deadline for Hemp to be Tested by DEA-Registered Laboratories

The USDA has again extended the deadline for mandatory use of DEA-registered laboratories for testing hemp produced under the U.S. Domestic Hemp Production Program. The new enforcement date is December 31, 2026. This delay is in response to registration setbacks experienced by states, tribes, and testing facilities, which could lead to insufficient approved testing capacity for the 2026 growing season. Laboratories must still comply with all other regulatory requirements. More information regarding testing requirements is available on the Agricultural Marketing Service’s Information for Hemp Testing Laboratories webpage.