pesticide use regulations on organic fruit and

Pesticide Use Regulations on ORGANIC Fruit and

Vegetable Farms

Author: Lea BrooksFormer Assistant Director of Communications

California Department of Pesticide Regulations

January 2014

SafeFruitsandVeggies.com

Organic is a production term— it does not address the quality, safety or nutritional value of a product.

Both conventional and organic farming emphasizes preven-tative practices that include crop rotation, mixed plantings and beneficial insects to manage pests and maintain and improve soil quality. Ideally, both conventional and organic farming typically rely on the use of pesticides as a last resort to control pests and diseases on crops. Organic farmers can use pesticides derived from natural sources and pesticides that include synthetic substances within the regulations of the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) if other strategies and cultural management practices fail to control pests and diseases.

The National List of Allowed and Prohibited Substances managed by the NOP identifies synthetic substances that may be used on organic crops as well as nonsynthetic, or natural substances, that are prohibited in organic crop production. The NOP does not specifically list each allowable natural substance, but rather criteria for determining if a substance is natural.

Natural pesticides, including products with plant- and mineral-based ingredients and microorganisms, are widely accepted for use in organic crop production. Overall, organic farmers have very limited chemical tools available to them to control pests because there are far fewer insecti-cides, fungicides and herbicides allowed for application on organic crops.

The U.S. Environmental Protection Agency (U.S. EPA) allows a claim on a pesticide label that the product can be used for organic production if its ingredients meet USDA standards. The NOP’s National Organic Standards Board, an appointed citizens advisory board, recommends adding substances in pesticide products to the National List. Recommendations to remove a substance are made to the U.S. Secretary of Agriculture. The board usually acts in response to a petition from the public. Every substance on the National List is reviewed every five years for continued use in organic production.

Data on pesticide use in organic farming are limited.

Due to their low toxicity, many of the natural pesticides are exempt from the U.S. EPA requirement for a tolerance level, or allowable limit, for residues on food.

National Organic Program– Approval of Pesticides for Use on Organic CropsThe National Organic Foods Production Act of 1990 authorized USDA to create the NOP. The program develops national standards for the production and handling of organic agricultural products and ensures that organic farms comply with them. USDA accredits third-party certifying agents to verify that organic farms and processing facilities meet the standards that allow them to sell, label and represent their products as organic.

The National Organic Standards Board advises the NOP on what substances, including pesticides, should be added or deleted from the list. It also recommends standards, policies or guidance to help shape organic regulations and the organic certification process to the Secretary of Agriculture.

After a substance is added to the list, the board is required to review its listing every five years in what is known as a sunset review. The intent is to stay current with new information and organic innovations. The board either reaffirms the listing or recommends the substance’s removal.

The board, which meets twice annually, is comprised of 15 members who represent the organic community by categories established by law. Members serve for five years. Appointed by the Secretary of Agriculture, the volunteer board is comprised of:

• Fourfarmers/growers• Threeenvironmentalists/resourceconservationists• Threeconsumer/publicinterestadvocates• Twohandlers/processors• Oneretailer• Onescientist(toxicology,ecologyorbiochemistry)

• OneUSDAaccreditedcertifyingagent


More information about board members is posted at: http://www.ams.usda.gov/NOSBCurrentMembers.

If the board recommends adding a substance to the list, USDA reviews the recommendation and determines whether to move forward with the rulemaking process.

National List of Allowed and Prohibited SubstancesGenerally, pesticides derived from natural substances or living organisms are allowed in organic production if they do not contain prohibited synthetic additives or are not spe-cifically prohibited on the National List.

Allowed materials typically include biological pesticides, botanical pesticides, dormant and summer oils, fatty acid in-secticidal soaps, minerals and pheromones.

The few synthetic pesticides allowed in organic production are on the National List under 205.601: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=9874504b6f1025eb0e6b67cadf9d3b40&rgn=div6&view=text&node=7:3.1.1.9.32.7&idno=7.

Changing the National List – Approval of Synthetic Pesticides for Use on Organic CropsAny individual or organization may submit a petition to the National Organic Standards Board to add, remove or amend the listing of an ingredient. Only single ingredients may be petitioned for evaluation. The petition must address why a synthetic substance is necessary for production of an organic crop and impacts on the environment, human health or farm ecosystem from its use instead of a natural substance or alternative cultural methods.

The NOP’s first step is determining if the substance is eligible for petition, including verification that U.S. EPA allows the agricultural use being requested. The petition is then forwarded to the board’s crops subcommittee, which reviews the petition, technical reports and public comments before developing a recommendation for the full board for consideration at a public hearing.

The NOP reviews all board recommendations, which serve as the basis for the rulemaking process to create, amend or

remove regulations. It may decide not to add a recommended substance to the list, but may not add a substance without the board’s recommendation.

This process takes anywhere from one to multiple years depending on the complexity or controversy associated with the proposal, amount of public participation and the NOP’s workload. More information about the process is posted at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5048809&acct=nopgeninfo.

U.S. EPA’s Role

Synthetic pesticides approved for use on conventional and organic crops undergo the same rigorous scientific evaluation by U.S. EPA. The agency evaluates scientific data on the pesticide to ensure that when used according to label directions, the product will not harm people, non-target species or the environment.

The listing of a substance for use on organic crops is part of the label review step, which is required for all pesticide registrations.

U.S. EPA verifies that each ingredient - active and inert - in the pesticide is nonsynthetic or is on the National List of Allowed and Prohibited Substances before allowing the organic production claim on the label.

U.S. EPA’s approval of an organic label claim signifies that a pesticide registrant has provided sufficient information to demonstrate that the product formulation and use patterns are in compliance with NOP regulations.

The majority of chemicals for which companies seek organic claims are biopesticides. Biopesticides are derived from natural materials such as animals, plants, bacteria and certain minerals. As of early 2013, approximately 400


registered active ingredients and more than 1,250 biopes-ticide products were registered by U.S. EPA and approved for use on organic crops: http://www.epa.gov/pesticides/biopesticides/whatarebiopesticides.htm.

Certifying AgentsOrganic certification is an assessment by a third-party certifier accredited by the USDA to verify produce is grown in accordance with organic regulations. The certifier is independent of the farmer and buyer such as a grocery store. The USDA allows foreign organic products to be sold as organic in the United States if they meet the regulations. Currently, 84 USDA-accredited certifiers are operating worldwide.

Organic System Plans

Organic farmers are required to prepare an Organic System Plan that explains how they intend to meet requirements of the NOP regulations. These plans must include a description of a farmer’s pest management practices and a list of pesticides that may be applied. A third-party certifier must approve the plan.

These plans address three levels of pest management. Level A is based on the expectation that a well-designed and healthy organic system will naturally have fewer pest problems. It focuses on pest and disease outbreak prevention practices such as cover crops, crop rotation and providing habitat for ladybugs and other beneficial insects.

If Level A practices are not sufficient, Level B focuses on

the introduction of insect predators and parasites, mulching, grazing, mowing, solarization and other mechanical and physical practices.

If additional pest management is needed, Level C includes the use of natural and synthetic pesticides on the National List.

Allowed Pesticide ProductsAlthough there is no requirement to do so, some pesticide manufacturers seek verification by a third party that their products meet NOP regulations. The Organic Materials Review Institute (OMRI) in Eugene, Ore., and the Washington State Department of Agriculture Organic Food Program (WSDA) in Olympia, Wash, indepen-dently review products intended for use in certified organic production, handling and processing.

OMRI and WSDA obtain information about a product’s inert and active ingredients, assess whether the product is allowed and respectively publish lists and issue certificates for products they verify. Organic farmers can be confident that use of these listed products will not jeopardize their organic certification. The lists are not an endorsement of the products.

Certifying agents have three options for determining if a pesticide product complies with NOP regulations, including consulting with OMRI or WSDA and accepting their deter-minations. The other options are verification by evaluating the product and all of its ingredients by contacting the supplier/formulator/manufacturer to obtain full disclosure, or consulting with another certifying agent who has evaluated the product and accept that determination.

OMRI is a national nonprofit organization that determines which substances are allowed for use on organic crops. WSDA is a state-run, USDA-accredited certifier in addition to input product reviewer. The WSDA Organic Foods Program does not include a product on its Brand Name Materials List unless the product has been evaluated and registered for use in organic production in Washington. More information about OMRI and WSDA, respectively, is posted at omri.org/about and wa.gov/FoodAnimal/Organic/ContactUs.aspx.


Tolerances and SafetyU.S. EPA establishes tolerances, or allowable limits, for synthetic pesticides to protect public health. These limits reflect an added margin of safety to protect infants, children and other sensitive people in the population. Pesticide residues detected through numerous federal and state sampling data programs are typically well below the established EPA tolerances.

Most pesticides used on organic crops are naturally derived from a plant, microorganism or other natural sources, and are exempt from the requirement of a tolerance level.


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Q&A with Brian R. Leahy, who was appointed director of the California Department of Pesticide Regulation (CDPR)

in February 2012 by Gov. Edmund G. Brown Jr.

Q: In 1980, you took over the operations of a 900-acre rice farm in Northern California that converted to organic farming practices. You also managed an 800-acre organic corn, soybean, alfalfa, and cattle farm in Nebraska in the early 1990s and served as executive director of the California Certifi ed Organic Farmers from 2000 to 2004. As a pioneer in organic farming practices, why did you want to be the head of CDPR?

A: I wanted to head CDPR for the same reason I became an organic farmer: to change society’s relationship with chemistry and reduce the risk from pesticides. Overall, my focus is change – and how to bring it about. I want to show people that you can eff ectively manage pests by using pesticides as a last resort and choosing ones that are less toxic to people. And I want to transition away from older, more toxic pesticides and help accelerate the development of more benign products and practices to control pests. At the same time, we have to ensure that if farmers choose to use pesticides, they do so in a manner that is protective of people and the environment. I also believe that, having farmed and having a good understanding of agriculture and resource management, I can see what progress is possible, what the barriers to change are and why pesticides will always be part of modern life.

Q: What is your biggest challenge as a pesticide regulator?

A: With nearly 38 million people, California is both the most populated state as well as the most productive agricultural state in the nation. California produces more than 50 percent of the nation’s fruit, nut and vegetable crops. Pest control is vital to maintain our vibrant agricultural industry.

Th e greatest challenge to agriculture in California is the urban and agricultural confl ict. People are living closer to farms and urban neighbors are far less willing to accept farming practices that were once considered necessary. Pesticide application or fumigation are examples of this. Th e public expects new pesticides to be more benign and they expect us to protect public health and the environment.

In addition, at CDPR we recognize that the non-professional user of pesticides (such as homeowners, unlicensed landscapers and janitors) can cause unnecessary damage to human health and the environment.

California has the nation’s most comprehensive program to regulate pesticide use. CDPR staff includes medical doctors, toxicologists and environmental scientists with expertise in pesticides. Our job is to enforce restrictions intended to ensure the proper and safe use of pesticides. We develop comprehensive safety measures, unique to California, to protect neighboring communities and sensitive sites like schools that are located in agricultural areas.

Q: Are pesticides necessary?

A: Pesticides are an important tool to grow food and to protect public health and the environment. Our modern food supply, public health and resource management all rely on pesticides.

CDPR aims to protect human health and the environment as pesticides are used and to foster reduced-risk pest management through research, grants and recognition. We encourage the use of pesticides as a last resort and the use of pesticides that are less toxic to people. Th is strategy, known as Integrated Pest Management (IPM), emphasizes the natural control and prevention of pests.

Th e IPM approach and many of the reduced-risk pest management tools that are developed and promoted with CDPR support are valuable to conventional and organic producers alike.

Q: Should consumers be concerned about pesticide residues on produce?

A: In California, CDPR purchases fresh organic and conventionally grown produce at retail and wholesale outlets, distri-bution centers and farmers’ markets throughout the state to test for illegal pesticide residues. We give special emphasis to commodities consumed by infants and children. Our fresh produce pesticide residue monitoring program – the largest state program of its kind – is in addition to the U.S. Food and Drug Administration’s food safety program, and the U.S. Department of Agriculture’s Pesticide Data Program that evaluates pesticide residues on agricultural commodities, including organic commodities, in the U.S. food supply. All programs consistently confi rm that most produce has no detectable pesticide residues, and residues that are detected generally fall well below allowable limits to protect public health.

A: In California, CDPR purchases fresh organic and conventionally grown produce at retail and wholesale outlets, distri-bution centers and farmers’ markets throughout the state to test for illegal pesticide residues. We give special emphasis to commodities consumed by infants and children. Our fresh produce pesticide residue monitoring program – the largest state program of its kind – is in addition to the U.S. Food and Drug Administration’s food safety program, and the U.S. Department of Agriculture’s Pesticide Data Program that evaluates pesticide residues on agricultural commodities, including organic commodities, in the U.S. food supply. All programs consistently confi rm that most produce has no detectable pesticide residues, and residues that are detected generally fall well below allowable limits to protect public health.

A: Pesticides are an important tool to grow food and to protect public health and the environment. Our modern food supply, public health and resource management all rely on pesticides.

CDPR aims to protect human health and the environment as pesticides are used and to foster reduced-risk pest management through research, grants and recognition. We encourage the use of pesticides as a last resort and the use of pesticides that are less toxic to people. Th is strategy, known as Integrated Pest Management (IPM), emphasizes the natural control and prevention of pests.

Th e IPM approach and many of the reduced-risk pest management tools that are developed and promoted with CDPR support are valuable to conventional and organic producers alike.

Continued...

• • •

Q&A provided by USDA and U.S. EPA

Q: How can the public be confi dent that pesticides with no tolerance levels are safe?

A: A tolerance, or the exemption from the requirement of a tolerance, must be established for each active and inert ingredient in the formulation before a pesticide can be registered for use on a food or feed crop, or for use in a food processing or storage area. Pesticides registered for use on organic and conventional crops undergo the same rigorous scientifi c evaluation by U.S. EPA to ensure they will not harm people when used according to label instructions. When a pesticide is exempt from the requirement of a tolerance, this means the agency has determined that all levels of the pesticide that may remain in food under the conditions of use are safe. More information on tolerances is posted at: http://www.epa.gov/pesticides/bluebook/chapter11.html.

Q: Which pesticides approved for use on organic crops are exempt from the requirement of a tolerance level?

A: Pesticides approved for use on organic crops and exempt from the requirement of a tolerance are on both of the following lists:

• Code of Federal Regulations, pesticides exempt from a tolerance: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=76f47def9211bb80831286c8ce91622c&rgn=div5&view=text&node=40:25.0.1.1.28&idno=40#40:25.0.1.1.28.4.

• USDA’s National Organic Program National List of Allowed and Prohibited Substances: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateJ&leftNav=NationalOrganicProgram&page=NOPNationalList&description=National%20List%20of%20Allowed%20and%20Prohibited%20 Substances&acct=nopgeninfo

Q: What is a minimum-risk pesticide?

A: Minimum-risk pesticides are a special class of pesticides not subject to federal registration requirements because their ingredients are considered safe if used according to label directions. A list of exempt active ingredients is posted at: http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm.

Q: What data sources are available to the public that show pesticide use on organic crop production?

A: Since 1991, the National Science Laboratory (NSL) chemistry staff has performed pesticide residue analysis for the annual USDA Pesticide Data Program report. Th is program evaluates pesticide residues on agricultural commodities, including organic commodities, in the U.S. food supply, emphasizing commodities highly consumed by infants and children: www.ams.usda.gov/PesticideDataProgram.

2010 – 2011 Pilot Study: Pesticide Residue Testing of Organic Produce

In 2010, the NSL also performed the testing for the National Organic Program’s pesticide residue testing pilot study, which included 571 domestic and foreign fruit and vegetable samples bearing the USDA organic seal. View the full report at http://bit.ly/residue-pilot-study.

A: Minimum-risk pesticides are a special class of pesticides not subject to federal registration requirements because their ingredients are considered safe if used according to label directions. A list of exempt active ingredients is posted at: http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm.

A: Since 1991, the National Science Laboratory (NSL) chemistry staff has performed pesticide residue analysis for the annual USDA Pesticide Data Program report. Th is program evaluates pesticide residues on agricultural commodities, including organic commodities, in the U.S. food supply, emphasizing commodities highly consumed by infants and children: www.ams.usda.gov/PesticideDataProgram.

2010 – 2011 Pilot Study: Pesticide Residue Testing of Organic Produce

In 2010, the NSL also performed the testing for the National Organic Program’s pesticide residue testing pilot study, which included 571 domestic and foreign fruit and vegetable samples bearing the USDA organic seal. View the full report at http://bit.ly/residue-pilot-study.

Continued...

Q: Are there less pesticide residues on organic crops than on conventionally grown crops?

A: Some of the studies evaluating this relationship are described in the discussion of the Pilot Study report: http://bit.ly/residue-pilot-study.

Q: In November 2012, the USDA Agricultural Marketing Service announced there would be mandatory pesticide residue testing, eff ective Jan. 1, 2013. Th is rule requires that certifying agents must annually sample and conduct residue testing from a minimum of 5 percent of the operations they certify. What is the intent and signifi cance of this new testing program?

A: Th is additional testing will help certifying agents identify and take enforcement action against farms and businesses intentionally using prohibited substances or methods. Additionally, certifying agents can use test results to identify and address instances in which organic products may have unintentionally come in contact with prohibited substances. For example, when test results suggest pesticide drift from neighboring farms or facilities, this could lead certifying agents to require a larger buff er zone between the organic and non-organic farms or better cleaning before organic products use shared handling facilities. Overall, this action will discourage mislabeling and tighten oversight of USDA organic products. Th is increased oversight will increase consumer confi dence in organic products worldwide, supporting continued growth of the $32 billion organic industry in the United States.

Final Rule: Periodic Residue Testing (http://www.ams.usda.gov/AMSv1.0/getfi le?dDocName=STELPRDC5101235) Strengthens testing requirements in USDA organic regulations

Pilot Study: Pesticide Residue Testing(http://www.ams.usda.gov/AMSv1.0/getfi le?dDocName=STELPRDC5101234) Serves as a model for pesticide residue testing projects

Consumer Questions and Answers(http://www.ams.usda.gov/AMSv1.0/getfi le?dDocName=STELPRDC5101208)

Q: Are these data available to the public?

A: Certifying agents must retain the residue testing results and make them available to the public upon request. USDA auditors review these results during each certifying agent’s audit.

Continued...

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pesticide use regulations on organic fruit and

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