> In response to DebP@UWyo.Edu (Deborah D. Paulson)'s question. Why must
> certification to use the words organic or natural be
> mandatory?
> The reasons are well stated in OFPA...
> I hope this makes clearer why we need mandatory certification of all products
> labeld and sold as "organic". If it doesn't or leads to more questions, I
> would be glad to entertain them.
> Best Regards, Eric Kindberg
I myself don't believe the following citations from the OFPA "makes
clearer why we need mandatory certification of all products labeled and
sold as "organic", as Eric Kindberg states.
I DO think it shows us what needs to be changed in order for the OFMA to
serve the purpose for which it was intended - provide a minimum national
standard for organic products without infringing on the rights and well
being of organic CSA farmers and those with gross incomes under $50,000,
as well as contribute toward a solution that provides the greatest good
for the greatest number of people, one capable of fomenting changes at
the world level (access to the U.S.
market provide a lot of incentive) that Earth Day unfortunately hasn't
successfully achieved.
Nor does it explain why the incredibly unconscious concept of
withdrawing the widely used (if perhaps marginally abused) words
("organic" and "natural"), with their own etymological trajectories and
specifically modern meanings, from commerce (which is certainly as
personal an event as it is public) is necessary, and it has certainly
yet to be shown that any over riding public good exists for co-opting
their use exclusively for certified organic products or the benefit of
the organic biznes power elite.
Maybe that's divisive language but I took the same stance when Eric here
with us a few months ago. There are other, more appropriate and less
damaging ways of assuring that CERTIFIED organic products meet a
national standard, without making the OFPA unenforceable due to the
innately unconstitutional police state action it prescibes. (Guess I
feel this kinda strongly - but I wouldn't have much to say if not out of
conviction - and that's the difference between me and the other guy,
who's literally banking on this).
Sorry Eric, but that's how it looks from where I sit. If that's not so,
prove that by helping look for a solution that addresses these issues
without loosing sight of the positive aspects of OFPA, which isn't cut
in stone - and a lot has been learned since it was drafted and enacted.
There is valuable and relevant input available, capable of resolving the
relatively minor issues of the appropriation of the words "organic" and
"natural" exclusively for certified products, and the small farm
exemption that's way too low - and in fact out of line with the SBA's
own guidelines, as you yourself have pointed out.
In short, OFPA itself can and should be improved on in ways that will
make it more effective, equitable and farther reaching, in the best
sense of the word. (More on that later).
Lastly, the best (and perhaps only) way these real and fundamental
differences can be resolved is through a forum such as sanet. My
apologies to those whose interests lie principally in other areas, but I
feel that it's an appropriate use of the medium, although I respect the
opinions of all those who contribute. Furthermore, I'm convinced that a
solution is forthcoming that will encompass and strengthen the concerns
of those whose interests go beyond marketing organic foods, effectively
amplifying the momentum generated by this issue, while both enlarging
the scope of and enhancing the congruence (and therefore legal basis) of
the OFPA.
Thank you for your attention.
Douglas Hinds
> Best Regards, Eric Kindberg
> Date: Sun, 9 Nov 1997 14:21:23 -0500 (EST)
> From: Erorganic@aol.com
> To: DebP@uwyo.edu, sanet-mg@shasta.ces.ncsu.edu
> Subject: Re: The Big Picture re Organics (fwd)
>
> Hello,
>
> In response to DebP@UWyo.Edu (Deborah D. Paulson)'s question. Why must
> certification to use the words organic or natural be
> mandatory?
>
> The reasons are well stated in OFPA.
>
> §2102 PURPOSES.
> It is the purpose of this title
> (1 ) to establish national standards governing the marketing of certain
> agricultural products as organically produced products; (2) to assure
> consumers that organically produced products meet a consistent standard; and
> (3) to facilitate interstate commerce in fresh and processed food that is
> organically produced.
>
> To make these puposes a reality:
>
> §2104 NATIONAL ORGANIC PRODUCTION PROGRAM.
> (a) IN GENERAL. The Secretary shall establish an organic certification
> program for producers and handlers of agricultural products that have been
> produced using organic methods as provided for in this title.
> (b) STATE PROGRAM. In establishing the program under subsection (a), the
> Secretary shall permit each State to implement a State organic certification
> program for producers and handlers of agricultural products that have been
> produced using organic methods as provided for in this title
> (c) CONSULTATION. In developing the program under subsection (a), and the
> National List under section 2118, the Secretary shall consult with the
> National Organic Standards Board established under section 2119.
> (d) CERTIFICATION. The Secretary shall implement the program established
> under subsection (a) through certifying agents. Such certifying agents may
> certify a farm or handling operation that meets the requirements of this
> title and the requirements of the organic certification program of the State
> (if applicable) as an organically certified farm or handling operation.
>
> National Standards are necessary for a criteria of organic recognition:
>
> §2105 NATIONAL STANDARDS FOR ORGANIC PRODUCTION. To be sold or labeled as
> an organically produced agricultural product under this title agricultural
> product shall
> (1) have been produced and handled without the use of synthetic chemicals,
> except as otherwise provided in this title;
> (2) except as otherwise provided in this title and excluding livestock, not
> be produced on land to which any prohibited substances, including synthetic
> chemicals, have been applied during the 3 years immediately preceding the
> harvest of the agricultural products. (3) be produced and handled in
> compliance with an organic plan agreed to by the producer and handler of such
> product and the certifying agent.
>
> And,
>
> §2106 COMPLIANCE REQUIREMENTS.
> (a) DOMESTIC PRODUCTS.
> (1) IN GENERAL. On or after October 1, 1993
> (A) a person may sell or label an agricultural product as organically
> produced only if such product is produced and handled in accordance with this
> title; and
> (B) no person may affix a label to, or provide other market information
> concerning, an agricultural product if such label or information implies,
> directly or indirectly, that such product is produced and handled using
> organic methods, except in accordance with this title.
> (2) USDA STANDARDS AND SEAL.
> A label affixed, or other market information provided, in accordance with
> paragraph (1 ) may indicate that the agricultural product meets Department of
> Agriculture standards for organic production and may incorporate the
> Department of Agriculture seal.
> (b) IMPORTED PRODUCTS. Imported agricultural products may be sold or labeled
> as organically produced if the Secretary determines that such products have
> been produced and handled under an organic certification program that
> provides safeguards and guidelines governing the production and handling of
> such products that are at least equivalent to the requirements of this title.
> (c) EXEMPTIONS FOR PROCESSED FOOD. Subsection (a) shall not apply to
> agricultural products that
> (1 ) contain at least 50 percent organically produced ingredients by weight,
> excluding water and salt, to the extent that the Secretary, in consultation
> with the National Organic Standards Board and the Secretary of Health and
> Human Services, has determined to permit the word "organic" to be used on the
> principal display panel of such products only for the purpose of describing
> the organically produced ingredients; or
> (2) contain less than 50 percent organically produced ingredients by weight,
> excluding water and salt, to the extent that the Secretary, in consultation
> with the National Organic Standards Board and the Secretary of Health and
> Human Services, has determined to permit the word "organic" to appear on the
> ingredient listing panel to describe those ingredients that are organically
> produced in accordance with this title.
> (d) SMALL FARMER EXEMPTION. Subsection (a)(1 ) shall not apply to persons who
> sell no more than $5,000 annually in value of agricultural products.
>
> And to implement those National Standards:
>
> §2107 GENERAL REQUIREMENTS.
> (a) IN GENERAL. A program established under this title shall
> (1 ) provide that an agricultural product to be sold or labeled as
> organically produced must
> (A) be produced only on certified organic farms and handled only through
> certified
> organic handling operations in accordance with this title; and (B.) be
> produced and handled in accordance with such program; (2) require that
> producers and handlers desiring to participate under such program establish
> an organic plan under section 2114; (3) provide for procedures that allow
> producers and handlers to appeal an adverse administrative determination
> under this title; (4) require each certified organic farm or each
> certified organic handling operation to certify to the Secretary, the
> governing State official (if applicable), and the certifying agent on an
> annual basis, that such farm or handler has not produced or handled any
> agricultural product sold or labeled as organically produced except in
> accordance with this title;
> (5) provide for annual on-site inspection by the certifying agent of each
> farm and handling operation that has been certified under this title;
> (6) require periodic residue testing by certifying agents of agricultural
> products that have been produced on certified organic farms and handled
> through certified organic handling operations to determine whether such
> products contain any pesticide or other nonorganic residue or natural
> toxicants and to require certifying agents, to the extent that such agents
> are aware of a violation of applicable laws relating to food safety, to
> report such violation to the appropriate health agencies;
> (7) provide for appropriate and adequate enforcement procedures, as
> determined by the Secretary to be necessary and consistent with this title;
>
> (8) protect against conflict-of-interest as specified under section 2116(h);
>
> (9) provide for public access to certification documents and laboratory
> analyses that pertain to certification;
> (10) provide for the collection of reasonable fees from producers, certifying
> agents and handlers who participate in such program; and
> (11 ) require such other terms and conditions as may be determined by the
> Secretary to be necessary.
> (b) DISCRETIONARY REQUIREMENTS. An organic certification program established
> under this title may
> (1 ) provide for the certification of an entire farm or handling operation or
> specific fields of a farm or parts of a handling operation if
> (A) in the case of a farm or field, the area to be certified has distinct,
> defined boundaries and buffer zones separating the land being operated
> through the use of organic methods from land that is not being operated
> through the use of such methods;
> (B) the operators of such farm or handling operation maintain records of all
> organic operations separate from records relating to other operations and
> make such records available at all times for inspection by the Secretary, the
> certifying agent, and the governing State official; and
> (C) appropriate physical facilities, machinery, and management practices are
> established to prevent the possibility of a mixing of organic and nonorganic
> products or a penetration of prohibited chemicals or other substances on the
> certified area; and
> (2) provide for reasonable exemptions from specific requirements of this
> title (except the provisions of section 21 12) with respect to agricultural
> products produced on certified organic farms if such farms are subject to a
> Federal or State emergency pest or disease treatment program.
> (c) STATE PROGRAM. A State organic certification program approved under this
> title may contain additional guidelines governing the production or handling
> of products sold or labeled as organically produced in such State as required
> in section 2108.
>
> Local programs can be created by States:
>
> §2108 STATE ORGANIC CERTIFICATION PROGRAM.
> (a) IN GENERAL. The governing State official may prepare and submit a plan
> for the establishment of a State organic certification program to the
> Secretary for approval. A State organic certification program must meet the
> requirements of this title to be approved by the Secretary.
> (b) ADDITIONAL REQUIREMENTS.
> (1 ) AUTHORITY. A State organic certification program established under
> subsection (a) may contain more restrictive requirements governing the
> organic certification of farms and handling operations and the production and
> handling of agricultural products that are to be sold or labeled as
> organically produced under this title than are contained in the program
> established by the Secretary.
> (2) CONTENT. Any additional requirements established under paragraph (1 )
> shall
> (A) further the purposes of this title;
> (B) not be inconsistent with this title;
> (C) not be discriminatory towards agricultural commodities organically
> produced in other States in accordance with this title; and (D) not
> become effective until approved by the Secretary.
> (c) REVIEW AND OTHER DETERMINATIONS.
> (1) SUBSEQUENT REVIEW. The Secretary shall review State organic
> certification programs not less than once during each 5-year period following
> the date of the approval of such programs.
> (2) CHANGES IN PROGRAM. The governing State official, prior to implementing
> any substantive change to programs approved under this subsection, shall
> submit such change to the Secretary for approval.
> (3) TIME FOR DETERMINATION. The Secretary shall make a determination
> concerning any plan, proposed change to a program, or a review of a program
> not later than 6 months after receipt of such plan, such proposed change, or
> the initiation of such review.
>
> And to assure the consumer:
>
> §2112 ADDITIONAL GUIDELINES.
> (a) IN GENERAL. The Secretary, the applicable governing State official, and
> the certifying agent shall utilize a system of residue testing to test
> products sold or labeled as organically produced under this title to assist
> in the enforcement of this title.
> (b) PRE-HARVEST TESTING. The Secretary, the applicable governing State
> official, or the certifying agent may require preharvest tissue testing of
> any crop grown on soil suspected of harboring contaminants.
> (c) COMPLIANCE REVIEW.
> (1 ) INSPECTION. If the Secretary, the applicable governing State official,
> or the certifying agent determines than an agricultural product sold or
> labeled as organically produced under this title contains any detectable
> pesticide or to the non-organic residue or prohibited natural substance the
> Secretary, the applicable governing State official, or the certifying agent
> shall conduct an investigation to determine if the organic certification
> program has been violated, and may require the producer or handler of such
> product to prove that any prohibited substance was not applied to such
> product.
> (2) REMOVAL OF ORGANIC LABEL. If, as determined by the Secretary, the
> applicable governing State official, or the certifying agent, the
> investigation conducted under paragraph
> (1 ) indicates that the residue is
> (A) the result of intentional application of a prohibited substance; or
> (B) present at levels that are greater than unavoidable residual
> environmental contamination as prescribed by the Secretary of the applicable
> governing State official in consultation with the appropriate
> environmental regulatory agencies; such agricultural product shall not be
> sold or labeled as organically produced under this title.
> (d) RECORDKEEPING REQUIREMENTS. Producers who operate a certified organic
> farm or handling operation under this title shall maintain records for 5
> years concerning the production or handling of agricultural products sold or
> labeled as organically produced under this title, including
> (1 ) a detailed history of substances applied to fields or agricultural
> products; and
> (2) the names and addresses of persons who applied such substances, the
> dates, the rate, and method of application of such substances.
>
> And to make sure there is no conflict of interest and under the table
> dealing:
>
> §2115 ACCREDITATION PROGRAM. (a) IN GENERAL. The Secretary shall establish
> and implement a program to accredit a governing State official, and any
> private person, that meets the requirements of this section as a certifying
> agent for the purpose of certifying a farm or handling operation as a
> certified organic farm or handling operation.
> (b) REQUIREMENTS. To be accredited as a certifying agent under this section,
> a governing State official or private person shall (1 ) prepare and submit,
> to the Secretary, an application for such accreditation;
> (2) have sufficient expertise in organic farming and handling techniques as
> determined by the Secretary; and
> (3) comply with the requirements of this section and section 2116.
> (c) DURATION OF DESIGNATION. An accreditation made under this section shall
> be for a period of not to exceed 5 years, as determined appropriate by the
> Secretary, and may be renewed.
>
> §2116 REQUIREMENTS OF CERTIFYING AGENTS.
> (a) ABILITY TO IMPLEMENT REQUIREMENTS. To be accredited as a certifying
> agent under section 2115, a governing State official or a person shall be
> able to fully implement the applicable organic certification program
> established under this title.
> (b) INSPECTORS. Any certifying agent shall employ a sufficient number of
> inspectors to implement the applicable organic certification program
> established under this title, as determined by the Secretary.
> (c) RECORDKEEPING.
> (1) MAINTENANCE OF RECORDS. Any certifying agent shall maintain all records
> concerning its activities under this title for a period of not less than 10
> years.
> (2) ACCESS FOR SECRETARY. Any certifying agent shall allow representatives of
> the Secretary and the governing State official access to any and all records
> concerning the certifying agent's activities under this title.
> (3) TRANSFERENCE OF RECORDS. If any private person that was certified under
> this title is dissolved or loses its accreditation, all records or copies of
> records concerning such person's activities under this title shall be
> transferred to the Secretary and made available to the applicable governing
> State official.
> (d) AGREEMENT. Any certifying agent shall enter into an agreement with the
> Secretary under which such agent shall (1 ) agree to carry out the provisions
> of this title; and (2) agree to such other terms and conditions as the
> Secretary determines appropriate. (e) PRIVATE CERTIFYING AGENT AGREEMENT.
> Any certifying agent that is a private person shall, in additional to the
> agreement required in subsection (d)
> (1 ) agree to hold the Secretary harmless for any failure on the part of the
> certifying agent to carry out the provisions of this title; and
> (2) furnish reasonable security, in an amount determined by the Secretary,
> for the purpose of protecting the rights of participants in the applicable
> organic certification program established under this title. (n COMPLIANCE
> WITH PROGRAM. Any certifying agent shall fully comply with the terms and
> conditions of the applicable organic certification program implemented under
> this title. (g) CONFIDENTIALITY. Except as provided in section 2107
> (a)(9), any certifying agent shall
> maintain strict confidentiality with respect to its clients under the
> applicable organic certification program and may not disclose to third
> parties (with the exception of the Secretary or the applicable governing
> State official) any business related information concerning such client
> obtained while implementing this title.
> (h) CONFLICT OF INTEREST. Any certifying agent shall not
> (1 ) carry out any inspections of any operation in which such certifying
> agent, or employee of such certifying agent has, or has had, a commercial
> interest, including the provision of consultancy services;
> (2) accept payment, gifts, or favors of any kind from the business inspected
> other than prescribed fees; or
> (3) provide advice concerning organic practices or techniques for a fee,
> other than fees established under such program. (I) ADMINISTRATOR. A
> certifying agent that is a private person shall nominate the individual who
> controls the day-to-day operation of the agent.
> (j) LOSS OF ACCREDITATION.
> (1) NONCOMPLIANCE. If the Secretary or the governing State official (if
> applicable) determines that a certifying agent is not properly adhering to
> the provisions of this title, the Secretary or such governing State official
> may suspend such certifying agent's accreditation.
> (2) EFFECT ON CERTIFIED OPERATIONS. If the accreditation of a certifying
> agent is suspended under paragraph (1), the Secretary or the governing State
> official (if applicable) shall promptly determine whether farming or handling
> operations certified by certifying such agent may retain their organic
> certification.
>
> And to make sure the government does a good job:
>
> §2117 PEER REVIEW OF CERTIFYING AGENTS.
> (a) PEER REVIEW. In determining whether to approve an application for
> accreditation submitted under section 21 15, the Secretary shall consider a
> report concerning such applicant that shall be prepared by a peer review
> panel established under subsection (b).
> (b) PEER REVIEW PANEL. To assist the Secretary in evaluating applications
> under section 21 15, the Secretary may establish a panel of not less than
> three person who have expertise in organic farming and handling methods, to
> evaluate the State governing official or private person that is seeking
> accreditation as a certifying agent under such section. Not less than two
> members of such panel shall be persons who are not employees of the
> Department of Agriculture or of the applicable State government.
>
> Now, if you got this far, I could send you the actual OPFA standards of
> production, which excell any other organic standards in the world.
>
> To further answer your question:
> The private sector of society has no authority to make sure the consumer is
> getting what they are paying for. The private sector has done a reasonable
> good job of certifying farms and handling operations. However, without any
> question, uniform and consistent standards of organic farming and handling do
> not exist. Moreover, no standards and allowance for organic labeling and
> selling of meat products and processed eggs exist because of the manner
> Congress wrote meat labeling legislation in the past. Lastly, we recognize
> that their are folks who will deceive and mislead the public to purchase
> their products as organic when in fact they have never been certified.
> Occasonally a farmer or even more often a handler does not even know what
> organic stands for, but desire to receive the premium price. The deception
> does not only occur in the large retail stores, it occurs in health stores,
> at farmers markets and even in CSAs. Deception occurs in imported products,
> in processed food products, in domestically raised products and in the
> exportation of organic products. The deception is destroying and will
> destroy the enormous trust that has developed from the ground up between
> organic farmers and their custormers if it is not curbed. For that reason
> organic certifying agents came into being. Going around the circle, without
> government authority the certifiers cannot prevent deception. OFPA will give
> private and State accredited organic certifiers legal authority to stop
> deception.
>
> I hope this makes clearer why we need mandatory certification of all products
> labeld and sold as "organic". If it doesn't or leads to more questions, I
> would be glad to entertain them.
>
> Best Regards, Eric Kindberg
>
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--Douglas M. Hinds, Director General Centro para el Desarrollo Comunitario y Rural A.C. (CeDeCoR) (Center for Community and Rural Development) - (non profit) Petronilo Lopez No. 73 (Street Address) Apdo. Postal No. 61 (Mailing Address) Cd. Guzman, Jalisco 49000 MEXICO U.S. Voice Mailbox: 1 630 300 0550 (e-mail linked) U.S. Fax Mailbox: 1 630 300 0555 (e-mail linked) Tel. & Fax: 011 523 412 6308 (direct) e-mail: cedecor@ipnet.com.mx, dmhinds@acnet.net, dhinds@.ucol.mx
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