SAN FRANCISCO, Calif. — Fifteen organic food advocacy and watchdog groups have filed a lawsuit against the USDA, claiming the agency failed to follow proper procedure in a 2013 USDA move to streamline the approval procedure for inputs used in certified organic production.

At issue is the "Sunset Review" for substances approved for use under National Organic Program standards. A 2013 USDA rule requires a two-thirds majority vote from the National Organic Standards Board (NOSB) to remove a product from the list of products approved for certified organic production. Previously, products on the list were to be reviewed and approved by the NOSB every five years.

The lawsuit claims that by publishing that rule, USDA failed to follow rulemaking procedures under the Administrative Procedure Act and standards of the Organic Food Productions Act. Those procedures, the plaintiffs allege, would have required a public comment period on the rule change. Counsel for the Center for Food Safety filed the lawsuit, on behalf of the plaintiffs, on April 7, in the U.S. District Court for the Northern District of California.

The USDA does not publicly comment on pending litigation. But the administrative rule, published in the Federal Register Sep. 16, 2013, states the Agricultural Marketing Service (AMS) initiated the change to increase opportunities for public comment to NOSB about products approved for certified organic products.

According to the AMS, the changes clarified the voting process and requirements for the product list and ensured NOSB proposals are "exposed to robust public comment and can be addressed in a timely manner through the AMS process."

The plaintiffs include the Ohio Ecological Food and Farm Assoc. (OEFFA), based in Columbus. Carol Goland, OEFFA executive director, said the change runs contrary to the original intent organic certification standards.

"We believe in the transparency and democracy that has been built into the National Organic Program," she said. "This rule change represented a departure from that process."

Food retailers have scrambled to increase organic offerings as U.S. consumers showed willingness to increase those food purchases. Organic product sales increased to $35.1 billion in 2013, an 11.5 percent increase from 2012, according to the Organic Trade Assoc., an industry group. Some market forecasts project similar annual gains through 2018.

Certified organic products are regulated under the National Organic Program administered by the AMS. Some organic proponents, including the 15 groups named as plaintiffs in the lawsuit, are dissatisfied with how the program is administered.

"We are deeply concerned that the decision-making process on allowed synthetic materials in organic production and processing is being undermined by USDA," the groups said jointly.

"The lawsuit we are filing challenges the unilateral agency action on the sunset procedure for synthetic materials review, which represents a dramatic departure from the organic community’s commitment to an open and fair decision-making process that is subject to public input."

The other plaintiffs include: Beyond Pesticides, Center for Food Safety, Equal Exchange, Food and Water Watch, Frey Vineyards, La Montanita Co-op, Maine Organic Farmers and Gardeners Assoc., New Natives, Northeast Organic Dairy Producers Alliance, Northeast Organic Farmers Assoc. Massachusetts, Organic Consumers Assoc., Organic Seed Growers and Trade Assoc., PCC Natural Markets and The Cornucopia Institute.