This public comment form on the three Issue Papers allows you to make a direct
comment to the U.S. Department of Agriculture on these important issues. Read
the "Substantive Points Regarding the USDA Issue Papers" and circle your
response. Please fill out, sign, date and slip this comment form into an
envelope with the address at the end of the comment form. Stamp and send to
USDA. USDA request comments by Dec. 14, 1998, but need to hear from you
regardless of the date.
By sending this comment form, you will have made clear to USDA your position
on these issues.
We encourage you to make extra copies for yourself, your U.S. Representative
and both your Senators.
To immediately post comments, use www.ams.usda.gov/nop or send an email:
NOPIssue papers@usda.gov.
Please reproduce and circulate. Comments also may be sent by fax: (202)
690-4632.
Contacts:
Cissy Bowman
Organic Farmers Marketing Association, OFMA
317-539-4317, email: cvof@iquest.net
Jay Feldman
National Coalition Against the Misuse of Pesticides, NCAMP
202-543-5450, email: ncamp@ncamp.org
Visit our website at http://www.iquest.net/ofma/ for more detailed information
on all organic issues.
Docket: TM-98-00-7
SUBSTANTIVE POINTS REGARDING THE USDA ISSUE PAPERS AND THE ORGANIC FOODS
PRODUCTION ACT (OFPA) OF 1990
USDA statement and questions are in CAPITAL type.
OFMA/NCAMP comments are in regular type
Circle the answer below that expresses your viewpoint, or write in further
comment.
ISSUE PAPER 1: LIVESTOCK CONFINEMENT IN ORGANIC PRODUCTION SYSTEMS
COMMENTERS ON THE PROPOSED ORGANIC RULE, ISSUED DECEMBER 15, 1997, EXPRESSED
CONCERN THAT ALLOWING RESTRICTION OF AVAILABLE SPACE FOR MOVEMENT OR ACCESS TO
OUTSIDE "IF NECESSARY" CREATES A LOOPHOLE FOR FACTORY FARMING OF LIVESTOCK.
1, SHOULD USDA RETAIN THE CURRENT LANGUAGE BUT ELABORATE ON ITS INTENT?
"Current Language" of the Proposed Rule: Sec. 205.15(b) violates OFPA Section
2110(d)(2), (h) by allowing for perpetual and intensive confinement of
organically raised livestock. OFMA/NCAMP CIRCLE NO. Yes
No
2. SHOULD USDA ESTABLISH ANIMAL SPACE REQUIREMENTS IN ANIMAL FEEDING
OPERATIONS? "Animal space requirements" equals intensive confinement
requirements.
OFMA/NCAMP circle no. Yes No
3. SHOULD USDA ESTABLISH REQUIREMENTS FOR ACCESS TO PASTURE? Organic
customers want dairy animals, poultry and all livestock products to have
access to pasture with the following exceptions: inclement weather, seasonal
non-availability of pasture, protection from predators, to prevent soil
structure destruction or water contamination, and for attending sick
livestock.
OFMA/NCAMP circle yes. Yes No
4. SHOULD USDA EXPLORE FEASIBILITY OF ALLOWING LIVESTOCK PRODUCTS LABELED AS
ORGANIC TO INCLUDE ADDITIONAL LABEL CLAIMS, SUCH AS PASTURE-RAISED, FREE-RANGE
OR NEVER CONFINED IN A FEEDLOT?
If pasture is required for livestock products labeled "organically produced"
none of the above label claims is necessary.
OFMA/NCAMP circle defines "organically produced" as pasture raised.
Define "organically produced" as pasture raised
Do not require pasture raising.
SHOULD THE RULE BAN CONFINED ANIMAL FEEDING OPERATIONS?
OFMA/NCAMP circle yes. Yes No
WOULD REQUIRING ACCESS TO PASTURE SATISFY COMMENTERS, INCLUDING THOSE WHO
OPPOSE FACTORY FARMING?
OFMA/NCAMP circle yes. Yes No
WHAT ECONOMIC IMPACT WOULD THESE OPTIONS HAVE ON ORGANIC LIVESTOCK PRODUCERS?
If an organic farmer, please elaborate.
HOW WOULD ADDITIONAL LABELING CLAIMS AFFECT THE MARKETING OF ORGANIC LIVESTOCK
PRODUCTS?
OFMA/NCAMP suggest USDA/NOP Final Rule require access to pasture with only the
exceptions stated in 3., above. Therefore, additional organic labeling claims
as noted in 4., above, on "organically produced" products are unnecessary.
However, there should be no limitation on factual, process oriented labeling
claims by any farm or handling operation, or a certifying agent certifying
such.
OFMA/NCAMP circle unnecessary, but no limitations
Unnecessary, but no limitations on factual process oriented labeling claims.
Your thoughts?
WOULD ANNUAL OR SEMI-ANNUAL ORGANIC CERTIFICATION SITE VISITS BE SUFFICIENT TO
ENSURE THAT ROUTINE, CONTINUOUS CONFINEMENT IS NOT OCCURRING?
OFMA/NCAMP circle yes. Yes No
HOW SHOULD CERTIFIERS DETERMINE THAT CONFINEMENT IS BEING EMPLOYED IN
ACCORDANCE WITH THE REGULATIONS?
OFMA/NCAMP circle use the exceptions in 3., above.
Use the exceptions in 3., above.
Use other criteria.
HOW SHOULD ACCESS TO PASTURE BE DEFINED?
OFMA/NCAMP pasture definition: Pasture is access to grazed forage that
produces the majority of the daily livestock(s) feed by dry weight.
Use OFMA/NCAMP pasture definition
Your definition?
SHOULD A SPECIES-BY-SPECIES APPROACH BE TAKEN? Not applicable because
confinement other than exceptions noted in 3., above, is not allowed in
organic farming. The certified farm determines stocking rates on pasture.
OFMA/NCAMP circle no. Yes No
WHEN PERMITTED BY REGULATION, SHOULD THE DURATION AND FREQUENCY OF CONFINEMENT
BE RESOLVED ON A CASE-BY-CASE BASIS BETWEEN CERTIFIER AND PRODUCER?
Lengthily confinement "for tending sick livestock." must be resolved between
a producer and the certifier. The remaining exceptions refer back to 3 above,
for confinement are decisions rightly made by the certified organic farm.
OFMA/NCAMP circle only "for tending sick livestock."
Only "for tending sick livestock."
All by "case-by-case."
No "case-by-case."
ISSUE PAPER 2: THE USE OF ANTIBIOTICS AND PARASITICIDES IN ORGANIC LIVESTOCK
PRODUCTION THE PROPER ROLE FOR ANTIBIOTICS AND PARASITICIDES NEEDS TO BE
DETERMINED. The "proper role for antibiotics and parasiticides" has already
been determined by the Organic Foods Production Act of 1990. The NOSB and
USDA/NOP must follow their role as set forth in the Act--that is the National
List process. NOSB recommendations at the time of publishing the first
proposed organic rule prohibited the use of antibiotics and parasiticides
except under certain clearly delineated animal health conditions. The NOSB
has since revised its Final Recommendations to the Secretary by prohibiting
the use of all antibiotics on livestock from which products are labeled and
sold as "organically produced."
1. SHOULD USDA PROHIBIT ALL USE OF ANTIBIOTICS AND PARASITICIDES?
1., above, is inconsistent with the National List procedures stated in the
Organic Foods Production Act of 1990, OFPA. OFPA states that a "person" can
petition the NOSB for review and evaluation of an active synthetic substance
by specific use or application in 11 categories, two of the 11 being
"livestock parasiticides and medicines." The NOSB may recommend to the
Secretary that a petitioned substance be included on the National List only
after the petitioned substance has undergone 1. A "scientific evaluation"; 2.
An evaluation following 7 detailed criteria specified in OFPA; and 3. The
NOSB and the USDA establish that the substance "(i) would not be harmful to
human health or the environment; (ii) is necessary to the production or
handling of the agricultural product because of unavailability of wholly
natural substitute products; and (iii) is consistent with organic farming and
handling". OFMA/NCAMP suggest that the NOSB, the USDA/NOP as well as the
organic community must strictly follow the Organic Foods Production Act
National List procedures. Any exception to the procedures undermines organic
integrity. OFMA/NCAMP circle follow the OFPA
National List procedures
Follow the National List Procedures and establish that use is consistent with
organic farming and handling.
Prohibit all use of antibiotics and parasiticides.
2. SHOULD USDA PROHIBIT THE USE OF ALL ANIMAL MEDICATIONS, OTHER THAN
VACCINATIONS, INCLUDING ANTIBIOTICS AND PARASITICIDES? The use of synthetic
substances (OFPA allows vaccines) in producing "organically produced"
livestock products is inconsistent with organic farming, see 3.(iii), above.
OFMA/NCAMP support certified organic farmers who for years have treated all
livestock for health problems as needed and always divert all synthetically
treated livestock to conventional sale after FDA required withdrawal periods.
OFMA/NCAMP circle treat as needed and divert synthetic treated.
"Treat as needed and divert synthetic treated"
Disagree with "treat and divert."
3. SHOULD USDA ALLOW THE THERAPEUTIC USE OF ANTIBIOTICS AND THE NON-ROUTINE
USE OF PARASITICIDES UNDER SPECIFIC ANIMAL HEALTH CONDITIONS? The use of
synthetic substances in producing "organically produced" livestock products is
inconsistent with organic farming, see 3. (iii), above. OFMA/NCAMP support
certified organic farmers who for years have treated all livestock for health
problems as needed and always divert all synthetically treated livestock to
conventional sale after FDA required withdrawal periods.
OFMA/NCAMP circle treat as needed and divert synthetic treated.
"Treat as needed and divert synthetic treated"
Disagree with "treat and divert"
WHAT ECONOMIC IMPACT WOULD THE PROHIBITION OF ALL MEDICATION, INCLUDING
ANTIBIOTICS AND PARASITICIDES, HAVE ON ORGANIC LIVESTOCK PRODUCERS? If an
organic farmer, please elaborate
UNDER WHAT CONDITIONS, IF ANY, COULD AN ANIMAL FOR SLAUGHTER AS "ORGANICALLY
PRODUCED" RECEIVE A SYNTHETIC INTERNAL PARASITICIDE? AN EXTERNAL
PARASITICIDE? OFMA/NCAMP support certified organic farmers who have for years
treated all livestock for health problems as needed and always divert all
synthetically treated livestock to conventional sale after FDA required
withdrawal periods. OFMA/NCAMP circle none.
None Specify conditions
UNDER WHAT CONDITIONS, IF ANY, COULD AN ANIMAL FOR BREEDING STOCK OR DAIRY
RECEIVE A SYNTHETIC INTERNAL PARASITICIDE? AN EXTERNAL PARASITICIDE?
OFMA/NCAMP support certified organic farmers who have for years treated all
livestock for health problems as needed and always divert all synthetically
treated livestock to conventional sale after FDA required withdrawal periods.
OFMA/NCAMP circle none.
None Specify conditions
SHOULD WE MAKE PROVISIONS FOR THE USE OF SYNTHETIC PARASITICIDES WHERE OTHER
MEASURES HAVE PROVEN INEFFECTIVE? Certified organic farmers have for years
treated all livestock for health problems as needed and always diverted all
treated livestock to conventional sale after FDA required withdrawal periods.
OFMA/NCAMP circle no. Yes No
WOULD ANNUAL OR SEMI-ANNUAL ORGANIC CERTIFICATION SITE VISITS BE SUFFICIENT TO
ENSURE THAT PREVENTATIVE MEASURES ARE BEING CARRIED OUT AND THAT ANTIBIOTICS
AND PARASITICIDES ARE BEING ADMINISTERED IN ACCORDANCE WITH THE ACT AND ITS
REGULATIONS?
OMFA/NCAMP circle yes. Yes No
WHEN PERMITTED BY REGULATION, SHOULD THE USE OF ANTIBIOTICS AND PARASITICIDES
BE RESOLVED ON A CASE-BY-CASE BASIS BETWEEN CERTIFIER AND PRODUCER? The
question is not "when" but "if permitted." No "case-by-case" basis is needed
because if the NOSB, with concurrence by the Secretary places a synthetic
"livestock parasiticide or medicine" on the National List, a national policy
is established indicating the substance's specific use or application.
Certified organic farmers are fully able to read and carry out the policy
without government oversight.
OFMA/NCAMP circle no. Yes No
ISSUE PAPER 3: TERMINATION OF CERTIFICATION BY PRIVATE CERTIFIERS. COMMENTERS
EXPRESSED CONCERN THAT THE CERTIFICATION TERMINATION PROCESS IS UNDULY
BUREAUCRATIC AND WOULD COMPLICATE LOCAL CERTIFIERS' EFFORTS TO ENSURE THE
INTEGRITY OF THE ORGANIC LABEL, YET DUE PROCESS OF LAW MUST BE AFFORDED BEFORE
SUSPENSION OR REVOCATION OF CERTIFICATION. The essential issue here is that
the consumer, customer, is not mislead in purchasing "organically produced"
products. Certification is the procedure by which we confirm that a farm or
handling operation is utilizing a system of farming or handling consistent
with the National Organic Program. A qualified farm is issued a USDA/NOP
license to label its products "organically produced."
1. SHOULD USDA CREATE A UNIFORM AND EFFICIENT INFORMATION SYSTEM TO INFORM THE
PUBLIC OF USDA ACTIONS TO SUSPEND OR REVOKE CERTIFICATION? OFPA states:
"§2107 GENERAL REQUIREMENTS. (9) provide for public access to certification
documents and laboratory analyses that pertain to certification." In addition,
it is essential to also create a system to stop at the point of sale
mislabeling of products labeled "organically produced."
OFMA/NCAMP circle yes. Yes No
2. SHOULD USDA PROVIDE FOR AN EXPEDITED PROCESS, INCLUDING SPECIAL RULES OF
PRACTICE AND SHORTENED TIME FRAMES, TO REVIEW CERTIFIER RECOMMENDATIONS AND
MAKE DETERMINATIONS?
Certifier recommendations fall into two categories:
1. Label enforcement: Recommendation to stop the labeling and sale of a
certified farm or handling operation's products, pending further "due process"
review because a substantial and documented violation of the National Organic
Program has been identified.
2. Certification enforcement:
a. Recommendation to certify a farm, wild crop site or handling operation.
b. Recommendation to suspend USDA/NOP certification status pending further
"due process" review because a substantial, continuing and documented
violation of the NOP has been identified.
OFMA/NCAMP circle yes. Yes No
3. SHOULD USDA DESIGN AN INFORMAL ALTERNATIVE PROCEDURE TO RESOLVE ENFORCEMENT
ISSUES ON AN EXPEDITED BASIS SHORT OF AN ADJUDICATORY HEARING? The Food and
Drug Administration for processed foods, fish, dairy, shell eggs and livestock
feed; the USDA Food Safety and Inspection Service for meat, poultry and
processed eggs; and the Agricultural Marketing Service for fresh produce and
imports--all have compliance officers and programs to assure consumers that
labeling on "organically produced" products is correct. States have
compliance officers and programs to protect customers against "mislabeling and
deception." Private and State organic certifiers along with the USDA/NOP need
to perfect a national system "to resolve" labeling "enforcement issues on an
expedited basis short of an adjudicatory hearing."
OFMA/NCAMP circle yes. Yes No
Your Signature:
Date:
Print name and address below.
Send to:
Eileen S. Stommes, Deputy Administrator
USDA-AMS-TM-NOP
Room 4007-So, Ag Stop 0275
P.O. Box 96456
Washington, DC 20090-6456
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