The proposed rule does not include any requirements that conflict with or duplicate the
requirements of the National Organic Program. Where the proposed rule and the
National Organic Program would include similar or related requirements, we propose
that our requirements may be satisfied concurrently with those of the National Organic
Program (i.e., to the extent the requirements are the same, compliance with this
proposed rule could be achieved without duplication). Certified organic farms growing
produce that would be subject to this rule and that use raw manure would need to follow
the application requirements and intervals in the proposed rule for untreated biological
soil amendments of animal origin. The National Organic Program application intervals
for raw manure would run concurrently with FDA’s proposed application interval, rather
than consecutively. Organic farms (like other farms) using raw manure would either
need to wait 9 months between application and harvest and use application methods
meeting the proposed requirements for avoiding and minimizing contact between
covered produce and raw manure, or apply the raw manure in a manner that does not
contact covered produce during or after application. Doing so would not jeopardize their
compliance with the requirements of the National Organic Program.
We seek comment on our approach to ensuring that this proposed rule does not conflict
with or duplicate the requirements of the National Organic Program while providing the
same level of public health protection as required under FSMA.
