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Questions and Answers
September 2008
The questions and answers below have been categorised by subject matter as listed in the NZFSA Technical Rules for Organic Production, and will be updated as necessary.
Questions and answers relating to Appendix One of the NZFSA Technical Rules for Organic Production (Supplementary requirements for Organic Operators producing for the USA Market) will also be listed under the subject matter headings below.
Note: Where questions do not relate to a specific market, answers will be provided for all markets covered under the NZFSA Official Organic Assurance Programme.
Definitions
The following is a list of acronyms and definitions that may appear in the Question and Answers section of this website:
ACVM - Agricultural Compounds and Veterinary Medicines
EU - European Union
NOP - National Organic Program
NOS - National Organic Standard
NZFSA - New Zealand Food Safety Authority
TPA - Third Party Agency
USA - United States of America
USDA - United States Department of Agriculture
There are no Questions and Answers for Definitions at this time.
General Topics
Q: Where can I get a copy of the NZFSA Technical Rules for Organic Production?
A: You can obtain a copy of the NZFSA Technical Rules for Organic Production from the NZFSA Organics website, under "Key Documents" for "Exporters".
http://www.nzfsa.govt.nz/organics/framework/ooap-rules.htm
Rules of Production
1. Plant and Plant Products
Q: Can wood/lumber treated with fungicides or other prohibited substances be used for fence posts, trellis systems, etc., in organic production of products for export to the USA?
A: The NZFSA Technical Rules for Organic Production, Appendix One
section 1.3 states:
"The producer must not use lumber treated with arsenate or other prohibited materials for new installations or replacement purposes in contact with soil or livestock."
Email correspondence from the USDA has clarified that: "The prohibition for the USA applies to lumber used in direct contact with organically produced and handled crops and livestock and does not include uses, such as lumber for fence posts or building materials that are isolated from production. The prohibition applies to lumber used in crop production, such as the frames of a planting bed, and for raising livestock, such as the boards used to build a farrowing house."
In New Zealand, the NZFSA intends to apply this clarification as follows:
The prohibition applies to:
• Wooden structures used to support crops
• Wooden frames for planting beds
• Livestock housing
• Enclosures used in intensive livestock production
The prohibition does not apply to:
• Fencing used to manage stock in extensive livestock production systems.
Q: I grow organic apple trees and fruit for export to the EU. What products can I use to spray weeds on my organic orchard/nursery?
A: For export to the EU, products listed as foliage suppressants in Table 2 of the NZFSA Technical Rules for Organic Production may be used as sprays on weeds.
Foliage suppressants listed in Table 2 are to be targeted applications only. Targeted application is considered as spot spraying only (e.g. spraying the structure posts of kiwifruit frames where physically/mechanically suppressing the weeds is not possible). Foliage suppressants are to be used on established plants only and not for pre-emergence. Targeted application does not include band or strip spraying of boundaries, walkways etc. These areas must be maintained through the measures listed in section 5.6 of the NZFSA Technical Rules for Organic Production.
Note: It is important to note that in accordance with section 5.7 of the NZFSA Technical Rules for Organic Production, products listed in Table 2 for plant protection, may only be used in cases of immediate threat to the crop. Measures listed in section 5.6 of the NZFSA Technical Rules for Organic Production must be used to control pests, diseases and weeds in the first instance.
2. Animal and Animal Products
Q: Can non-Organic Molasses or vinegar be fed to dairy animals producing milk and milk products?
A: EU = Yes
subject to the quantitative restrictions imposed in section 6 of the NZFSA Technical Rules for Organic Production. Please refer to section 6 of these Rules for the specific restrictions.
A: USA = No
All feed additives and supplements including vinegar and molasses have to be from organic source according to USDA NOP unless exempted under USDA regulation section 205.603.
Q: Can Organic Livestock for export to the USA be treated with synthetic antibiotics?
A: No
unless it is an organic dairy animal producing milk or milk products for export to the USA that is being treated. The NZFSA Technical Rules for Organic Production, Appendix One, section 2.3 (as it relates to the use of antibiotics in organic livestock) states:
1. The producer of an organic livestock operation must not:
Sell, label, or represent as organic any animal or edible product derived from any animal treated with antibiotics, any substance that contains a synthetic substance not allowed under section 6.2 of these Rules, or any substance that contains strychnine, a prohibited non-synthetic substance (Rule 205.238 (c) (1) of the USDA NOS).
In New Zealand, the NZFSA intends to apply this exemption as follows:
"1. A conventional dairy cow that has been treated with antibiotics can be converted to organic by being under continuous organic management for 1 year prior to the milk or milk products being sold as organic."
"2. Once a dairy animal is converted to organic, if it is treated with antibiotics (subsequent to gaining organic status) it loses its organic status for ever (Rules 205.236 (2) (iii), and 205.238 (c) (1))."
Q: What is the NZFSA stance on the use of calcium borogluconate for milk fever under the NZFSA Technical Rules?
A: The use of Calcium borogluconate is permitted for use according to NZFSA Technical Rules of Organic Production for livestock and livestock products destined for the EU market. However, its use should be considered a supplement to preventive measures, and not a substitute for them. Repeated use should require justification and farmers should include measures in the Farm Plan to prevent hypocalcaemia (milk fever).
However, intramuscular or subcutaneous use of Calcium borogluconate is prohibited for use for livestock and livestock products destined for the US market.
For all practical purposes the use of intramuscular or subcutaneous Calcium borogluconate could be considered not acceptable for organic dairy production under the NZFSA OOAP because milk for the US and EU is not segregated for processing.
The Intravenous application of Calcium borogluconate is acceptable even under the US NOP regulation. 205.603(a) (6) allows the use of electrolytes.
Q: What is the NZFSA stance on the use of milk replacers under the NZFSA Technical Rules?
A: EU = Yes
NZFSA Technical Rules Table 3, section 2 does not specify organic or non-organic milk replacers and therefore milk replacers from both organic and non-organic sources are allowed for the livestock raised for the EU market.
A: USA = No
USDA NOP regulation (Federal Register Vol. 72 No 43 March 6, 2007 and Federal Register Vol. 72 No. 199 October 16, 2007) did not renew the exemption available for the use of non-organic milk replacers. Therefore, only organic milk replacers, considered to be feed supplement according to USDA NOP, could still be used.
US NOP Livestock Rule Changes
Q: What are changes to the Rules in relation to Origin of Livestock for the US? What are implications of the changes?
A: US NOP 205.236 Origin of Livestock.
a. (1) Dairy animals. Milk or milk products must be from animals that have been under continuous organic management beginning no later than 1 year prior to the production of the milk or milk products that are to be sold, labelled, or represented as organic, Except,
i. That, crops and forage from land, included in the organic system plan of a dairy farm, that is in the third year of organic management may be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products; and
ii. That, when an entire, distinct herd is converted to organic production, the producer may, provided no milk produced under this subparagraph enters the stream of commerce labelled as organic after June 9, 2007:
2. For the first 9 months of the year, provide a minimum of 80-percent feed that is either organic or raised from land included in the organic system plan and managed in compliance with organic crop requirements; and
3. Provide feed in compliance with 205.237 for the final 3 months.
iii. Once an entire, distinct herd has been converted to organic production, all dairy animals shall be under organic management from the last third of gestation.
CLARIFICATION FROM USDA
Paragraph 205.236 (a) (i) of the NOP regulations allows that crops and forage from land, included in the organic system plan of a dairy farm, that is in the third year of organic management may be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products.
Crops harvested after the beginning of the third year of transition may be fed to the cows during their 12-month transition period, even though some of the growth of the crops would take place prior to the third year of transition. The harvest date of the crops or forage defines the eligibility of the crops or forages to be fed to cattle during their transition. However, crops and forages harvested prior to the beginning of the third year of conversion would not be eligible to be fed to organic animals during the 12-month conversion period.
APPLICATION OF THE NEW RULE:
Allowed feed for C2 Animals:
A converting dairy herd on a C2 farm can graze pasture and crops on that C2 land, and be fed stored feeds such as hay and silage from that land made during the C2 year, but not feed made during the C1 year.
This means that conventional or C1 feed, including stored feeds such as hay or silage made and harvested during the C1 year on that farm, are no longer allowed to be fed to C2 animals.
Allowed Feed for Full Organic Animals
Crops and forage (including stored feeds such as hay or silage, included in the organic system plan of a dairy farm, can be consumed by the dairy animals of the farm only if the feed is fully organic.
This means that C2 feed made and harvested on the farm cannot be feed to fully organic animals.
CLARIFICATION on ACQUISITION of DAIRY ANIMALS
On 3 October 2006 the USDA provided clarifications on existing US NOP regulations concerning classes of dairy animals that are appropriate for acquisition under regulations.
Based on the USDA clarification when a fully certified US NOP farmer considers to purchase dairy stock from another farm, including from another NOP certified farm, they should approach the Third Party Agencies (TPAs), namely BioGro and AsureQuality for clearance.
The TPAs would need to check whether the farmer intending to purchase, US NOP dairy cows, used any non-NOP feed under the old 80:20 feed derogation during its final conversion year. That would determine what category of acquisition the farmer would be eligible for according to the USDA document - NOP 5003.
If the farmer purchasing the US NOP dairy cows did not convert using the old 80:20 derogation (this includes did not feed own C1 made hay and silage in the C2 year) then the farmer has got a wider choice of animals to purchase –
4. Conventional (Note: Conversion using the 80-20 exemption must be complete by June 9, 2007);*
5. Converted feeding 100% organic feed;**
6. Converted under 80-20;**
7. Organic from last 3rd of gestation;**
8. Born of an organic mother;**
* In the case of 1 above the milk from these cows is eligible for NOP supply after 12 months of continuous organic management. ** In the cases of 2 to 5 above the milk from these cows is eligible for NOP supply immediately. |
However, if the farmer had converted its present farm and herd using the 80:20 derogation then the farmer can only purchase stock that were organic from at least last 3 months of gestation** and born on an NOP farm.
Conversion farms cannot add extra animals to the herd during the conversion year.
There is no flexibility in implementation of this regulation. New Zealand Food Safety Authority (NZFSA) Official Organic Assurance Programme (OOAP) for the US is based on NZFSA implementing US National Organic Standard through the two TPAs.
Labelling
Q: Can I apply the USDA Organic Seal to all Organic Products exported to the USA?
A: No
Many organic products are not yet covered by the USDA's National Organic Standard.
The USDA's National Organic Program recently published a new policy statement for Organic Honey, Aquaculture, and other products not covered by the National Organic Standard. This new policy states:
"National Organic Standards do not currently exist for apiculture, greenhouse, hydroponic, mushroom, or aquatic animal (wild or aquaculture) production. Until USDA publishes National Organic Standards for such production methods, producers using such methods may continue to produce and label their products as organic, under the following conditions:
Identifying Marks/Labelling
The products of such production methods shall not display the USDA seal.
The products of such production methods must display the certifying agent's seal or other identifying mark. The products of such production methods shall not be used in multi-ingredient products labelled "100 percent organic." The products of such production methods may be identified as organic in multi-ingredient products labelled as "organic" provided the finished product contains at least 95 percent of ingredients certified to the National Organic Standards. In other words, the products of such production methods shall not be used to qualify a multi-ingredient product for labelling as "organic." Multi-ingredient products qualified under the National Organic Standards to be labelled as "organic" that also contain ingredients from apiculture, greenhouse, hydroponic, mushroom, or aquatic animal production may display the USDA seal. The products of such production methods may be identified as organic in multi-ingredient products labelled as "made with organic" provided the finished product contains at least 70 percent of ingredients certified to the National Organic Standards. In other words, the products of such production methods shall not be used to qualify a multi-ingredient product for labelling as "made with organic."
Production/Handling
The production or handling operation, or specified portion thereof, must be certified by a USDA- accredited certifying agent. The production or handling operation must comply with the apiculture, greenhouse, hydroponic, mushroom, or aquatic animal standards of the USDA-accredited certifying agent.
Honey and Honey Products:
Q: Can USDA logo be applied to bee products?
A: Yes
In absence of a USDA standard specifically for Apiculture, USDA considers bees to be livestock and would be covered under sections 205.236 through 205.239 of the US NOP standards. Honey may be certified to the NOP standards using the livestock and handling standards if -
• Bees are be managed from the second day of life as organic, as with poultry.
• Feed is 100% organic and no prohibited substances are applied.
• All other conditions of production and handling are according to USDA NOS.
Other standards may not be used in lieu of the NOP regulations for products labelled using the NOP logo or reference to the NOP regulations.
If NZFSA Technical Rules of Organic Production or Organic Standards of USDA-accredited certifier (e.g. AsureQuality/ Bio-Gro through NZFSA) is applied then -
Honey and Honey Products of such Production Methods shall NOT display the USDA seal, and MUST display the Certifiers Seal or other Identifying Mark."
It is NZFSA's understanding that even though the USDA organic seal may not be applied to honey and honey products for export to the USA, these products will still be exported under the OOAP, as both AsureQuality and Bio-Gro's recognitions with the USA are through the OOAP.
Q: What are the requirements for applying the USDA Organic Seal to organic products exported to the USA?
A: Not all organic products exported to the USA are eligible for the USDA organic seal, but there are some specific requirements around the labelling of certifier marks etc. and the labelling of organic products which consist of varying organic percentages. The following link provides details regarding production and application of the seal, and other labelling requirements.
http://www.nzfsa.govt.nz/organics/us-labelling-reqs.pdf
Imported Products and/or Ingredients
Q: Do products from overseas need to be certified or labelled organic to be imported into NZ as organic products?
A: No
Currently, there are no mandatory labelling requirements for organic products imported into NZ, unless these products are intended to be further processed or incorporated into New Zealand product and re-exported. The NZFSA Tech Rules, section 11 (Imported Product and/or Ingredient) details the requirements for organic products/ingredients imported into NZ for further incorporation into exported product.
Lists of Permitted Inputs, Approved Items and Conditions
Q: If an input has been approved for use as a fertiliser in the NZFSA Tech Rules, can I also use this input as a plant protection product, or for another use?
A: No
unless it is listed under more than one Table in the NZFSA Tech Rules. An input listed in the NZFSA Tech Rules can only be used under the Table to which it is listed, and under the condition it is listed.
New Zealand Food Safety Authority
68-86 Jervois Quay
PO Box 2835
Wellington
NEW ZEALAND
Phone: +64 4 894 2500
Fax: +64 4 894 2501
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