Minor yet significant changes to OFPA text recommended

Douglas Hinds (cedecor@ipnet.com.mx)
Mon, 10 Nov 1997 23:52:18 -0600

Having gone over the wording of OFPA once again, I submit for discussion
those sections where modifications seemed necessary in order for it to
function adequately. Since these modifications will require amending the
Act, additional text is now being prepared for the purpose of enhancing
the Act's original intent while broadening it's scope, consonant with
the needs and possibilities at hand, now that the twenty-first century
is almost upon us. Your comments will be most welcome, prior to
channeling the final version (which hopefully will be ready during the
course of this week), to the appropriate forum. Thanks in advance.

FEDERAL ORGANIC FOODS PRODUCTION ACT OF 1990

141012.547 21-1 S.L.C.

(TITLE XXI OF 1990 FARM BILL)

§2103 DEFINITIONS.
As used in this title:
(14) CERTIFIED ORGANICALLY PRODUCED. The term "certified organically
produced" means an agricultural product that is produced and handled in
accordance with this title.

(20) STATE ORGANIC CERTIFICATION PROGRAM.--The term "State organic
certification program" means a program that meets the requirements of
section 2107, is approved by the Secretary, and that is designed to
ensure that a product that is sold or labeled as "certified organically
produced" under this title is produced and handled using certified
organic methods.

§2105 NATIONAL STANDARDS FOR ORGANIC PRODUCTION.
To be sold or labeled as a certified organically produced agricultural
product under this title agricultural product shall --

§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 certified
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 other provide market
information concerning, an agricultural product if such label or
information implies, directly or indirectly, that such product is
produced and handled using certified 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
certified organic production and may incorporate the Department of
Agriculture seal.
(b) IMPORTED PRODUCTS. Imported agricultural products may be sold or
labeled as certified 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 certified 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
words "certified organic" to be used on the principal display panel of
such products only for the purpose of describing the certified
organically produced ingredients; or
(2) contain less than 50 percent certified 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
words "certified 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 $50,000 annually in value of agricultural
products.

§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
certified organically produced must--

With these changes incorporated, I for one would be glad to support
OFPA. However - as stated above, there is room for additional
improvement. More on that later.

-- 


Douglas M. Hinds, Director General
Centro para el Desarrollo Comunitario y Rural A.C. (CeDeCoR)
(Center for Community and Rural Development) - (non profit)
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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