The American Organic Hop Grower Association (AOHGA) has reportedly
persuaded a National Organic Standards Board (NOSB) subcommittee to
reverse a recommendation that aimed to keep hops on the National List of
Allowed and Prohibited Substances, which governs the use of synthetic and
non-synthetic materials in organic production and handling. In advance of
an October 25-28, 2010, public meeting in Madison, Wisconsin, NOSB had
requested feedback on a number of National List exemptions, including one
that currently permits the use of non-organic hops in organic beer. Although
the NOSB Handling Committee initially backed a continuation of this policy
due to the limited availability of organic hops, AOHGA faulted NOSB for
holding hops “to a higher standing than virtually any other agricultural
product” by allegedly insisting that all 150 varietals become available in
organic form before removal from the list.

AOHGA thus urged organic beer brewers and other supporters to petition
the board, claiming in part that the National List exemption would continue
to undercut the economic feasibility of producing organic hops “for a
market that can be supplied by non-organic hops.” Noting recent increases
in the quantity of commercially available organic hop varieties, the group
also argued that “every type or style of beer can be made with the existing
commercially available organic hop varieties.” As AOHGA Executive Director
Meghann Quinn reiterated in a October 12, 2010, final comment, “Again, the
quantities and varieties available will certainly increase once brewers source
organic hops using forward contracts.”

In response to the petition, the NOSB Handling Committee has voted unanimously to reverse its previous ruling, proposing that the board remove organic hops from the National List by January 1, 2013. “This time interval formally recognizes the growth of organic hops’ availability and yet allows brewers two growing seasons to secure their organic hops through forward contracting, making adjustments to future product formulations and specifications, and preparing their customers and consumers for the product changes anticipated, if any,” states the committee’s discussion document.

The committee has also left room for brewers to petition NOSB to include
individual hop cultivars on the National List, thereby continuing the exemption
for those varietals felt “to be inadequately available in organic form.”
In striking this compromise, the committee has expressed its intention to
“facilitate the growth and development of the organic hop market without
the potentially catastrophic effects that immediate removal of hops from
[the National List] would cause.” Additional details about the upcoming NOSB
meeting appear in Issue 365 of this Update. See OregonLive.com, October 17,
2010.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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