Alleging that a government contractor sprayed an herbicide on their property as part of transmission-line maintenance, the owners of a state-certified organic beef farm in Skagit County, Washington, have sued the U.S. government and the contractor for damages incurred by the contamination of their property. Benson v. United States, No. 11-1619 (W.D. Wash., filed September 28, 2011). According to the complaint, the plaintiffs have a contract with the government “with regards to all maintenance on the power lines and providing recovery of any resulting damages.” In 2008, the plaintiffs were allegedly notified that spraying would take place, and they spoke with a government representative explaining that their property could not be sprayed. They were allegedly assured that this would be noted in the paperwork and that no herbicide would be sprayed on their property. Despite the assurances and despite a “no spray” sign on the access gate to the plaintiffs’ property,…
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A recent study has claimed that after adopting organic practices and ceasing the use of antibiotics, large-scale poultry farms had “significantly lower levels” of antibiotic-resistant and multidrug resistant (MDR) Enterococcus than their conventional counterparts. Amy Rebecca Sapkot, et al., “Lower Prevalence of Antibiotic-resistant Enterococci On U.S. Conventional Poultry Farms That Transitioned to Organic Practices,” Environmental Health Perspectives, August 2011. Researchers apparently sampled poultry litter, feed and water “from 10 conventional and 10 newly organic poultry houses in 2008,” finding that the percentages of resistant E. faecalis and resistant E. faecium “were significantly lower (p<0.05) among isolates from newly organic versus conventional houses for two (erythromycin and tylosin) and five (ciprofloxacin, gentamicin, nitrofurantoin, penicillin and tetracycline) antimicrobials.” They also reported that 42 percent of E. faecalis isolates and 84 of E. faecium isolates from conventional poultry houses were multidrug resistant, compared to 10 percent of E. faecalis isolates and 17 percent of E. faecium…
A Minnesota appellate court has ruled, as a matter of first impression, that “a trespass action can arise from a chemical pesticide being deposited in discernable and consequential amounts onto one agricultural property as the result of errant overspray during application directed at another.” Johnson v. Paynesville Farmers Union Coop. Oil Co., Nos. A10-1596 and -2135 (Minn. Ct. App., decided July 25, 2011). The plaintiffs were organic farmers who alleged that the defendant, a commercial pesticide applicator, repeatedly sprayed adjacent farms on windy days, in violation of the law, resulting in contamination of their crops from drifting chemicals. Despite the plaintiffs’ specific requests that the defendant avoid overspraying pesticide onto their fields when treating adjacent fields, the defendant contaminated their crops in 1998, 2002, 2005, 2007, and 2008, causing them to sell their products at lower prices or destroy some crops, and forcing them to take acreage out of production…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule renewing exemptions for 12 substances on the National List of Allowed and Prohibited Substances, which governs the use of synthetic and nonsynthetic ingredients in organic production and handling. After reviewing public input, the National Organic Standards Board recommended renewals for the following substances set to expire in September 2011: (i) ferric phosphate and hydrogen chloride (synthetic substances used in organic farming); (ii) egg white lysozyme, L-Malic acid and microorganisms (nonsynthetic, nonorganic substances used as ingredients and in processed organic products); and (iii) activated charcoal, cyclohexylamine, diethylaminoethanol, octadecylamine, peracetic acid/peroxyacetic acid, sodium acid pyrophosphate, and tetrasodium pyrophosphate (synthetic, nonorganic substances used as ingredients and in processed organic produces). The final rule becomes effective September 12, 2011.
The U.S. Department of Agriculture’s National Organic Program (NOP) has evidently declined to revisit a final rule published February 17, 2010, that dealt with access to pasture requirements for livestock. In addition to establishing “a pasture practice standard for ruminant animals,” the rule established conditions for organic slaughter stock at “finish feeding” operations, where cattle is typically fed grain crops to improve the grade of beef. In particular, NOP exempted these animals from a provision requiring organically raised ruminants to derive “not less than an average of 30 percent of their dry matter intake (DMI) requirement” from grazing. The agency then solicited comments addressing (i) whether NOP should consider infrastructural and regional differences in finish feeding operations; (ii) the length of the finishing period; and (iii) the use of feedlots for finishing organic slaughter stock. Based on the 500 individual and 14,000 form letters received in response to this request,…
The National Organic Program (NOP) has announced the availability of four final guidance documents to help accredited certifying agents and certified operations comply with NOP regulations. Titled “Compost and Vermicompost in Organic Crop Production (NOP 5021),” “Wild Crop Harvesting (NOP 5022),’’ ‘‘Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025),’’ and ‘‘The Use of Chlorine Materials in Organic Production and Handling (NOP 5026),’’ the documents are also “intended to inform the public of NOP’s current thinking on these topics.” See Federal Register, May 6, 2011.
A Florida court has reportedly denied the motion to dismiss filed by organic and natural foods grocery chain Whole Foods Market in a case alleging that the company sold frozen vegetables harvested in a polluted area by the forced labor of Chinese prisoners. Se. Consumer Alliance Inc. v. Whole Foods Market Group Inc., No. 2009-92727-CA-01 (Fla. Cir. Ct., 11th Cir.) decided April 20, 2011). The company purportedly certifies and sells the vegetables as organic. The plaintiffs, who are apparently seeking a declaration that the company violated deceptive marketing law, have twice amended their complaint to bring new claims, including deceptive trade practices and false advertising. Plaintiffs’ counsel Bruce Baldwin was quoted as saying, “They’re the biggest organic retailer in America with the biggest certifier in China working for them. They knew, but they kept selling the Chinese frozen vegetables as if there was no problem at all.” See Law360, April 21,…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule extending the use of methionine in organic poultry production until October 1, 2012. Effective March 15, 2011, the rule amends the National List of Allowed and Prohibited Substances according to the recommendations of the National Organic Standards Board (NOSB), which governs the use of synthetic and non-synthetic substances in organic processing and production. A dietary supplement, methionine “is classified as an essential amino acid because it cannot be biologically produced by poultry and is necessary to maintain vitality.” In 2009, the Methionine Task Force filed a petition requesting a five-year extension on the allowance for synthetic methionine, partly because wholly natural sources of the supplement are not available. NOSB ultimately recommended that, at first, “the amount of synthetic methionine per ton of feed be limited to 4 pounds for laying chickens, 5 pounds for broiler chickens,…
The Cornucopia Institute, a consumer watchdog and proponent of “family-scale farming,” has reportedly filed a complaint with the Federal Trade Commission (FTC), alleging that an Oregon-based cereal maker is misleading consumers with its “all natural” product claims. According to the institute, Hearthside Food Solutions, which makes Peace Cereal, labels its products as “natural” and then states on its website that “natural foods are foods without pesticides or artificial additives, as well as being minimally processed and preservative-free.” Noting that the federal government has not adopted a definition of or requirements for “natural” food products, the Cornucopia Institute alleges that by using conventionally grown food ingredients, Hearthside is selling products routinely sprayed with pesticides and herbicides. Peace Cereal was apparently certified organic in the past, but has not been since 2008. Yet, according to the Cornucopia Institute, stores in several states continue to carry “organic” signs on shelves containing nonorganic Peace…
The Cornucopia Institute, a consumer watchdog and proponent of “family-scale farming,” has reportedly filed a complaint with the Federal Trade Commission (FTC), alleging that an Oregon-based cereal maker is misleading consumers with its “all natural” product claims. According to the institute, Hearthside Food Solutions, which makes Peace Cereal, labels its products as “natural” and then states on its website that “natural foods are foods without pesticides or artificial additives, as well as being minimally processed and preservative-free.” Noting that the federal government has not adopted a definition of or requirements for “natural” food products, the Cornucopia Institute alleges that by using conventionally grown food ingredients, Hearthside is selling products routinely sprayed with pesticides and herbicides. Peace Cereal was apparently certified organic in the past, but has not been since 2008. Yet, according to the Cornucopia Institute, stores in several states continue to carry “organic” signs on shelves containing non-organic Peace…
