Federal agents reportedly raided a major organic fertilizer producer in Bakersfield, California, over concerns that it was using a synthetic nitrogen, which is banned from organic farms. Port Organic Products Ltd. is believed to produce up to half the liquid fertilizer used on the state’s organic farms. The raid follows by about a month press reports that state regulators quietly pulled the product of another fertilizer producer, with about a third of California’s market share, from the organic market in November 2007 for similar problems. Synthetic
nitrogen is apparently cheaper than approved nitrogen sources such as ground-up fish and chicken feathers, and it is hard to detect.

No charges have been filed against Port Organic, and federal officials were reportedly not commenting on their investigation, but a county
environmental health services department evidently imposed fines on the company for improperly storing thousands of gallons of aqua ammonia, a common synthetic nitrogen source, in 2005 and 2007. Frustrated organic farmers and fertilizer producers are looking for ways to keep unscrupulous companies out of the market; some are experimenting with tests that can help show whether the nitrogen in a fertilizer came from a natural source. An organic farmers’ trade group, California Certified Organic Farmers (CCOF), has adopted a liquid fertilizer approval policy that seeks “to ensure the highest level of verification and implementation of the National Organic Program.”

Under the policy, CCOF will require that by August 15, 2009, all approved liquid fertilizers must undergo third party on-site inspections. “During these inspections, manufacturers must demonstrate compliance with NOP organic regulations pertaining to farm inputs or their products will be prohibited for use by CCOF operations.” CCOF will require liquid fertilizer manufacturers to provide documentation
to prove they are in compliance, including “Documentation verifying no synthetic nitrogen equipment, tanks, or supplies are within 100 yards of facility producing organic approved inputs at any time of the year.”

Meanwhile, the state Senate is reportedly planning to conduct a hearing February 3, 2009, to find out why the state Department of Food and Agriculture was slow to respond and to consider legislative remedies. According to a news source, state inspectors lack the authority to examine organic fertilizer producer records to see whether they are purchasing large amounts of synthetic chemicals. In addition, fertilizer products are generally evaluated by an institute that is supported by the industry. Senate Food and Agriculture Committee Chair Dean Florez (D-Shafter) was quoted as saying, “We’re placing a tremendous amount of trust in the industry to police itself. I think that hasn’t worked very well.” See The Sacramento Bee, January 24, 2009; Food Law Prof Blog, January 28, 2009.

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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