Re: sanet-mg-digest V1 #286

Sprinkraft (Sprinkraft@aol.com)
Sun, 26 Apr 1998 23:41:34 EDT

To: Steve Moore: OFMA undertook an analysis of the RFA in 1996. Eric Kindberg
was the lead author. Cecilia Bowman in Indiana also served as research editor.
The OFMA analysis of the Proposed Rule also covers some of those concerns. The
RFA analysis is a year and half old, but still useful. I hope that it is of
some service. Please refer to http://www.iquest.net/ofma. The RFA analysis
link is half way down the page.

Steve Sprinkel
OFMA
Austin

10/24/96

AN ANALYSIS OF CONCERNS REGARDING THE USDA/NOP PROPOSED RULE, THEIR IMPACT ON
SMALL BUSINESSES AND PROPOSALS TO ALLEVIATE NEGATIVE IMPACTS ON SMALL
BUSINESSES

<< From: "S. Moore" <sfmoore@earthlink.net>
>To: "BIODYNAMIC MAIL LIST (E-mail)" <bd-l@biodynamics.com>,
>        "Lawrence London (E-mail)" <london@sunsite.unc.edu>,
>        <organic-certification@listserv.oit.unc.edu>
>Subject: USDA Regulatory Flexibility Analysis
>X-Mailer: Microsoft Outlook 8.5, Build 4.71.2173.0
>
>In the uproar over the absurdity of USDA's proposed rules I have heard or
>seen very little about the Regulatory Flexibility Act analysis contained
>therein.  I believe this could provide a legal pathway for virtually all
>organic growers to seek relief from the insanity that USDA seeks to visit
>upon us.  The RFA, as amended in 1996, provides that a small business which
>is adversely affected by agency action is entitled to judicial review of
>agency compliance with certain aspects of RFA.  The agency is required to
>prepare an analysis of the economic impact on small entities of its
>regulatory action.  All of this appears to me to be a possible legal path to
>overcome one of the worst features of OFPA, mandatory certification.
>However, as with all other aspects of the rule making process, these issues
>probably need to be raised during the public comment period.  The comments
>on RFA, which I am submitting personally and on behalf of the BD
>Association, are presented below.  I urge other concerned parties to also
>submit comments to USDA on this issue.
>
>Steve Moore
>Moore Ranch
>Carpinteria, CA
>sfmoore@earthlink.net
>================= >>

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