Unified Agenda: 3 Regulatory Items to Watch
Twice a year, the federal government releases a Unified Agenda of Federal Regulatory and Deregulatory Actions. The Unified Agenda offers insight into the administration’s priorities by providing a list of regulatory and deregulatory activities under development, including timeframes. There are several agenda items included in the most recent Unified Agenda, released in early July, that the organic community should have on its radar.
Inert Ingredients in Pesticides for Organic Production:
Currently in the proposed rule stage, this proposed rule would replace the outdated EPA references in the USDA organic regulations with current EPA regulations for inert ingredients.
How we got here:
The USDA organic regulations currently allow U.S. EPA List 3 and List 4 inert ingredients. However, the EPA has not updated these lists since 2004 and they no longer maintain them. USDA has heard from stakeholders on this issue repeatedly, including several rounds of recommendations from the National Organic Standards Board and comments in response to a previous Advanced Notice of Proposed Rulemaking.
NOC’s Position & Next Steps:
Inert ingredients should be reviewed and added to the National List individually. Some inert materials used in agricultural products, Some inert ingredients currently used in organic pesticide products raise serious human-health concerns. For example, nonylphenol ethoxylates and other alkylphenol ethoxylates are among the inert ingredients identified as endocrine-disrupting chemicals. Reviewing inerts individually would provide greater transparency and ensure they are not harmful to human health and the environment, are necessary, and are compatible with organic systems of production: all thresholds substances approved to be on the National List must meet.
For more detail on NOC’s perspective, you can read our full written comments prepared for the Fall 2024 NOSB Meeting.
Since this is in the proposed rule stage, we can expect the proposed rule will be published allowing the public to provide written comment. NOC will keep tabs on this proposed rule progression, alerting the organic community when there is an opportunity to provide comment.
Compost Production for Organic Agriculture
This item on the unified agenda is an advanced notice of proposed rulemaking, meaning the USDA is exploring potential rulemaking options and will be asking the public to weigh-in, with one option being implementing the Board’s recommendation on the topic.
How we got here:
Currently, the USDA organic regulations prohibit compost that contains intentionally added synthetic substances that are not on the National List. A few years ago, USDA received a petition to allow synthetic bioplastics, which was reviewed by the National Organic Standards Board as part of their statutory role in proposing amendments to the National List. Recently, the NOSB recommended that synthetic compostable products NOT be allowed as a feedstock in organic compost.
NOC’s Position & Next Steps:
The National Organic Coalition submitted comments to the NOSB opposing the inclusion of synthetic compostable products as a feedstock in organic compost. As we explained in our comments to the NOSB, the products are non-essential, add contamination risk, complicate enforcement, and allowing them could erode hard earned consumer trust. It is critically important that the organic community weigh-in on this proposed rulemaking. NOC will provide future updates on this agenda item, including when it's time for the organic community to weigh-in by submitting public comments.
Rescinding National Organic Program: Market Development for Mushrooms and Pet Food
This item was included under ‘Long-Term Actions,’ meaning it’s under development but USDA does not expect to have an action within the next 12 months.
How we got here:
After decades of urging from the organic community, the USDA finalized the Organic Standards for Pet Food & Mushrooms in December 2024. However, in May 2025 the USDA proposed rescinding the final rule.
NOC’s Position:
NOC strongly opposes a rescission of this rule. The rule resolves inconsistencies in standards, is widely supported by producers, and opens new markets while reinforcing the integrity of the organic label. Read more about NOC’s strong opposition to rescission.
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