Maybe the 2010 NOSB recommendations to the NOP would be of interest here.
The recommendations were never adopted but I believe some certifying
agencies might be “allowed”  to certify even though it is not listed in the
code of federal regulations. Of course the discussion of a 1.8 mile radius
of “safe” zones may be what limits the implementation of such a standard.

https://www.ams.usda.gov/sites/default/files/media/NOP%20Livestock%20Final%20Rec%20Apiculture.pdf

A example of a similar situation has occurred in the instance of certifying
hydroponic crops as “organic”. That however, is a whole other discussion
but serves as an example of how some certifying agencies have freedom to
certify even though the code of federal regulations are unclear.

Also, I have seen salmon sold as “organic” in the supermarkets. They do not
have the USDA organic stamp and after inquiring with a NJ State certifier I
learned that it is difficult to regulate the labeling a product like fish.
There is an online form that could be submitted to report organic fraud. In
this case, I never received a response.

The USDA publicizes lists of companies who commit fraud in  organic
labeling, so also bear in mind that possibility.

Theresa Lam
NJ


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