Despite the fact that there have been National Organic Standards Board (NOSB) draft standards for organic apiculture on the books since September 2001, the National Organic Program (NOP) has yet to implement a formal rule on the subject.

As a result, organic honey bee operations are certified under the NOP’s standards for livestock.

While the NOP livestock standards provide general guidelines applicable to honey bees (e.g., bees cannot be treated with any synthetic substances, except for those allowed under Section 205.603), they fail to address some of the unique aspects of apiculture—particularly the fact that bees are capable of flying long distances.

The NOP livestock standards do not provide a metric definition of what constitutes a bee foraging area (which under the livestock rules should be certified organic). This amounts to at best a gray area and at worst a loophole for certifying agencies.

While the NOP livestock standards provide general guidelines applicable to honey bees (e.g., bees cannot be treated with any synthetic substances, except for those allowed under Section 205.603), they fail to address some of the unique aspects of apiculture—particularly the fact that bees are capable of flying long distances. 

In addition to the foraging area, NOP livestock guidelines fail to address other bee-specific issues, including hive construction materials, foundation wax, replacement bees, queen sourcing, and types and allowable amounts of supplementary feed.

As the Organic Trade Association (OTA) notes on its website, “The fact that apiculture varies considerably from other livestock operations has led to a great deal of variability [among certifiers] in the requirements of certification.”

For guidance, some certifiers rely on the most recent NOSB Apiculture Recommendation, published in 2010, which proposes a number of detailed standards for bee operations, including a 1.8-mile-radius certified organic forage zone.

While it is claimed in a 2020 American Bee Journal article that the Agricultural Marketing Service (AMS) issued a written statement saying apiculture operations need to follow NOP livestock standards and the 2010 NOSB draft guidelines for bees, this is not the case—as the apiculture draft standards have never been formalized into a rule.

OPN directly asked USDA AMS to confirm the issuance of such a written statement, and they declined to do so. Instead, a USDA spokesperson said that the livestock standards alone are what is required by the NOP to certify organic apiculture: “USDA-accredited certifying agents may certify beekeeping operations under the existing organic regulations for livestock (Sections 205.236 – 205.240).”

“The fact that apiculture varies considerably from other livestock operations has led to a great deal of variability [among certifiers] in the requirements of certification.” - OTA website

According to the Organic INTEGRITY Database, a service of USDA AMS, there are currently well over 100 organic apiculture operations certified to meet NOP production standards. Only five of these are located within the US, all of which are in Hawaii.

California Certified Organic Farmers (CCOF) certifies one such Hawaiian operation—Pu'u O Hoku Ranch—and relies on both the organic livestock guidelines as well the NOSB 2010 draft apiculture standards to do so.

When asked why CCOF uses the 2010 draft standards when they are not required, CCOF said in a statement that it uses them “as guidance to position ourselves, and our clients, for continued compliance in the event of final rulemaking.”

The 2010 NOSB apiculture draft standards, which were recommended to the NOP for rulemaking, have been languishing on the USDA docket for more than a decade now.

“USDA-accredited certifying agents may certify beekeeping operations under the existing organic regulations for livestock (Sections 205.236 – 205.240).” - USDA spokesperson

In its introduction, the 2010 NOSB Apiculture Recommendation makes the case for why apiculture-specific standards should be included in the NOP: “Because the biology and behavior of honeybees is so markedly different from other types of organic livestock, and because they fly and forage a wide area, specific standards are required to ensure consistency between organic certifiers and to ensure that organic honey meets consumers' expectations for organic products.”

When asked why the 2010 NOSB Apiculture Recommendation has not yet become a rule, a USDA spokesperson said, “Stakeholder input plays an important role in shaping the Department’s regulatory priorities, and not all priorities require rulemaking to meet the needs of producers. Certifiers have successfully worked with apiculture operations to certify organic honey for years using the existing rules.”

The USDA spokesperson also said that rulemaking on apiculture standards is not a top priority among the organic community: “In addition to two open comment periods every year, last March, you may remember we hosted a public listening session and requested comments specifically asking for input on upcoming standards development, including outstanding NOSB recommendations. The organic community has been consistent for many years in asking USDA to focus first on the Strengthening Organic Enforcement rule, the Origin of Livestock rule, the Organic Livestock and Poultry Standards rule, Inert Ingredients, and to continue to prioritize the ongoing work of National List rules, which impact so many aspects of production.”

The USDA spokesperson did note that “apiculture remains on the regulatory agenda” and said, “We continually evaluate resources, capacity, and public input when determining priorities for future rulemaking.” (The link USDA provided shows the NOSB 2010 Apiculture Recommendation was added to the Unified Agenda in Spring 2022, with a tentative rulemaking date of April, 2023.) 

The 2010 NOSB apiculture draft standards, which were recommended to the NOP for rulemaking, have been languishing on the USDA docket for more than a decade now.

Both the European Union and Canada have apiculture-specific organic standards—and each give guidance related to the bee foraging area:

• According to EU standards, “The siting of the apiaries shall be such that, within a radius of 3 km from the apiary site, nectar and pollen sources consist essentially of organically produced crops and/or spontaneous vegetation and/or crops treated with low environmental impact methods [as defined in other articles of EU Council Regulations]. … The above mentioned requirements do not apply where flowering is not taking place, or the hives are dormant.”
• Canadian standards require “a 3,000-metre buffer zone between the hives and GE crops and other prohibited substances including agricultural pesticides, herbicides, systemic seed treatments, and sewage sludge.”

Elizabeth Figueredo, Technical Scheme Lead, QAI

While organic certifier QAI does not currently certify any organic apiaries (though it does certify organic honey handling), it is open to accepting applications. Like CCOF, QAI said it would elect to use the NOSB 2010 draft guidelines in addition to the NOP livestock rules.

“If QAI were to receive an application for certification from an apiary, we would certify it to the Organic Livestock Practice Standards,” said QAI Technical Scheme Lead Elizabeth Figueredo. “QAI would reference NOSB [2010] recommendations to fill any gaps or clarify grey areas, because after all, bees are not cows.”

“Apiculture remains on the regulatory agenda. ... We continually evaluate resources, capacity, and public input when determining priorities for future rulemaking.” - USDA spokesperson

A few of the certifying agencies OPN reached out to, including two that certify honey production to NOP internationally, didn't respond to OPN’s request for information on how they certify apiculture operations.

The OTA says there are issues in the organic honey industry that could be solved with apiculture-specific standards—and that it’s been advocating for the 2010 NOSB Apiculture Recommendation to become a rule for a long time.

Gwendolyn Wyard, Vice President of Regulatory and Technical Affairs, OTA

“Many businesses sourcing certified organic honey are experiencing significant supply issues and are unable to source any organic honey domestically,” said Gwendolyn Wyard, OTA’s vice president of regulatory and technical affairs. “Almost all organic honey is imported. Some certifiers won’t even certify apiculture because of the lack of specific practice standards for bees. There is inconsistency in certifier and operator practice and domestic supply issues that could be addressed with clear, formalized, and enforceable apiculture standards. We would really like to see the 2010 NOSB recommendation move forward, and we have been communicating this for many years!”