Sal writes: "Yes the truth of the matter is that I don't feel I am doing
anything
wrong that I need the state the federal gov the certifier the inspector
to all charge me money which I do not have to tell me something I already
know."
The purpose in organic certification is not to tell the farmer or handler
anything, but to assure the customer they are getting what they are paying
for.
Interestingly, I have just met with a group of organic farmers and handlers
in a state where a state organic law is being considered. A bill is
presently being drafted by a State appointed advisory group for the State
certification program. As it is written it would make the State an USDA
accredited organic certifier under the National Organic Program. It became
clear to the farmers and handlers in the meeting that if they allow the State
to make and develop a certification agency they will:
-Lose control of the peer review process presently, and in the past, done on
a regional level (100 mile radius) by an OCIA chapter
-Be turning over their money in the form of administration fees to the State
with no real control of how it used and the efficiency of its use,
-Be turning over the final decision on who can or cannot be licensed as
organic to individuals who do not directly represent the interest of the
organic community,
-And most important every applicant for organic certification will not be
building a relationship with other certified organic farmers and handlers
(their peers) but only with the State certification system. The consequence
will be divide and conquer in future public policy controversies and
decisions. There will be no forum where organic farmers and handlers meet to
make their decisions, prior to legislative or administrative decision making.
Having observed what has happened in conventional farming, farmers not in
the decision making process and bureaucracies whether public or private soon
taking over public policy decision making "in the interest" of the farmers,
the following ideas were developed.
The outcome of the meeting was the State along with privately retained
inspectors could perform, on request from a certifying agent, inspection of
farms and handling operation applicants. States, under OFPA, being
authorized to enforce the Act, it is consistent that they could perform the
inspection role for private sector certifying agents. Such a State role
would offer a check and balance on the private certifying agent, and as well
provide an opportunity for critique and improvement of inspection and
inspector training by the accredited certifying agent. Payment for
inspection would come from the Chapter after being paid to the Chapter by the
applicant.
Private, non-profit, certifiers, either consolidated as a number of chapters
in the State or as individual chapters should be accredited by USDA to carry
out the certification of farms and handling operations in the State. An
applicant would submit an application to each chapter, which in turn would
administrate and manage the certification/inspection/determination process.
A qualified individual would be hired part time or full time as required by
the chapter and be authorized to control the day-to-day operation of the
agent.
By the organic farmers dividing up the state on a chapter basis, with
certification done by the chapters and applications coming to the chapters:
- money remains within the chapters' decision making process,
- governance is done on a chapter basis,
- peer review of applicants is done within the chapters, and
- both controls of the certification process and friendship will remain
permanently entrenched at the lowest level of organic community interaction,
out in the farm community with a binding relationship to the handling
operations in each area.
A certification determination (decision making) committee for each chapter
would be made up of organic farmer (5), handler (2), retailer (1), technical
expertise (2) and consumer, environmental and public interest representation
(1) with no group predominating, but organic farmers being 50% minus one. All
members of the certification determination committee are required to have
familiarity with organic farming and handling and the farmers, handlers,
retailer and technical expertise categories must be or have been actively
working in the organic production, marketing or service community sectors.
All organic farmers and handlers who are certified by the chapter become
members of the chapter. A small board governed by a direct membership
election process has oversight of the certifying agent. The chapter shall
operate under normal business conditions of accounting and personnel
management.
Under OFPA, private sector certifying agents are permanently granted the
right to apply and be USDA accredited organic certifying agents. OFPA
directs the Secretary of Agriculture to "provide for the collection of
reasonable fees from producers, certifying agents and handlers who
participate in" the National Organic Program.
Organic farmers having learned from the past history of bureaucratic
development being out of their control, the need for establishing a
certifying agent structure with regional control. This scheme is very
similar to existing OCIA chapters, CCOF chapters, NOFA state chapters, etc.
The new twist is being accredited by the USDA and finding an appropriate
role for State government in certification. An USDA accredited certifying
agent will be under OFPA, an agent, and a representative of the Department of
Agriculture.
State governments are authorized under OFPA to ensure compliance with the
regulatory provisions of OFPA (i.e. the standards and processes of OFPA).
Role of the State Organic Standard Review and Appeals Committee:
The State secretary of agriculture shall establish a certification standards
and appeals committee hereafter referred to as the committee, to assist in
the development of standards regarding the production, processing and
handling, of organic products and other matters of concern to the organic
industry as determined by the committee. The committee shall also be
responsible for hearing and judging appeals made by certifiers, producers,
processors or handlers in regard to organic certification or registration
status within the State. The Committee shall hear appeals to certification
and registration decisions and may approve, disapprove, or modify a decision.
Such decisions are final agency actions and subject to judicial review.
The Advisory Committee shall make an annual report to the organic farmers,
handlers and the State Secretary of Agriculture on the status of organic
farming, handling and certification within the State. The report shall
include but not be limited to a review of the administration of the Organic
Certification Programs' and organic inspectors' performance. The Advisory
Committee for preparing the report shall establish an evaluative process and
criteria.
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