The U.S. Department of Agriculture’s Office of Inspector General (OIG) has published a March 2010 audit report recommending several improvements to the National Organic Program (NOP) administered by the Agricultural Marketing Service (AMS). “We conducted the audit because of the size and growth of the organic industry as well as the public’s increased interest in purchasing organic products,” stated the report, which faulted NOP for failing to enforce program requirements when “serious violations” occurred and for lax implementation of certification standards. In particular, OIG found that the program (i) did not resolve 19 of 41 complaints “within a reasonable timeframe”; (ii) needs to address ongoing compliance and enforcement issues with California’s State Organic Program; (iii) did not implement periodic pesticide residue testing as required by the Organic Foods Production Act of 1990 (OFPA); (iv) did not assemble a peer review panel “to annually evaluate their accreditation process”; (v) did not…
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The U.S. Department of Agriculture (USDA) has announced an April 26-29, 2010, meeting of the National Organic Standards Board (NOSB), which makes recommendations about whether a substances should be allowed or prohibited in organic production or handling; assists in the development of organic production standards; and advises USDA on implementation of the Organic Foods Production Act. The meeting will provide an opportunity for the board to receive updates from USDA’s National Organic Program and to hear progress reports from six NOSB committees on Compliance, Accreditation and Certification; Crops; Handling; Livestock; Materials; and Policy Development. NOSB will also continue its assessment of substances on the National List of Allowed and Prohibited Substances, which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations. In particular, NOSB will review (i) “the continued exemption (use) of 37 agricultural products not commercially available…
The Cornucopia Institute has written to the CEOs of Sara Lee and National Public Radio to express its concerns with the marketing campaign for Sara Lee’s EarthGrains® products. In its February 22, 2010, letter, the institute refers to a study it made of the claims and calls for Sara Lee to “immediately suspend promotional activities until your organization can complete its own analysis of our findings.” Institute co-director Mark Kastel stated, “Even though they’ve done a countrywide media rollout, including underwriting spots on National Public Radio, Sara Lee is, in essence, playing a shell game. . . . If advertising executives could be charged with malpractice, this would be a major felony.” According to the institute, Sara Lee claims that its EarthGrains® bread contains, “Eco-Grain™,” an ingredient that “is more sustainable than organic grain.” The institute calls this a “crass and exploitive marketing ploy” that has angered the organic community…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has issued a final rule that amends National Organic Program (NOP) regulations to establish “a pasture practice standard for ruminant animals.” Seeking “to satisfy consumer expectations that ruminant livestock animals graze on pastures during the grazing season,” the final rule requires producers to (i) “provide year-round access for all animals to the outdoors”; (ii) “recognize pasture as a crop”; (iii) “establish a functioning management plan for pasture”; (iv) “incorporate the pasture management plan into their organic system plan (OSP)”; (v) “provide ruminants with pasture throughout the grazing season for their geographical location”; and (vi) “ensure ruminants derive not less than an average of 30 percent of their dry matter intake (DMI) requirement from pasture grazed over the course of the grazing season.” This rule takes effect June 17, 2010, for operations seeking organic certification by this date. Operations already certified as of…
Shook, Hardy & Bacon Of Counsel Jim Andreasen has co-authored an article providing an update on the American National Standards Institute’s (ANSI’s) draft national standard for sustainable agriculture. The article appears in the January 2010 issue of the American Bar Association’s (ABA’s) Agricultural Management Committee Newsletter. This committee is part of the ABA’s Section of Environment, Energy, and Resources. The article outlines the draft standard’s development to date and the potential impact it could have once finalized. According to the article, the draft “as initially proposed would promote a non-GMO [genetically modified organism], organic, and fair trade (i.e., fair labor) standard for agriculture that exceeds nearly all existing organic and nonorganic practices in U.S. agriculture.” The draft has undergone a number of changes, including a narrowing of its scope, since its introduction, and the committee working to develop it has expanded to include some industry interests. The article also discusses…
The U.S. Department of Agriculture’s Agriculture Marketing Service has issued a proposed rule that would amend the National List of Allowed and Prohibited Substances (National List) to reflect the recommendations of the National Organic Program Board (NOPB). The National List “identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may not be used in organic production,” as well as identifying “synthetic, nonsynthetic nonagricultural and nonorganic agricultural substances that may be used in organic handling.” The proposed rule would alter the National List to “amend the annotation for one exempted material (tetracycline) and add one substance (sulfurous acid) for use in organic crop production.” AMS will accept comments on the proposed rule until March 15, 2010. See Federal Register, January 12, 2009.
The U.S. Department of Agriculture’s (USDA’s) National Organic Program has reportedly closed its investigation of Target Corp. for erroneously including in newspaper advertisements organic labeling on Silk® soy milk products. The Cornucopia Institute, which charged the retailer with violating federal organic regulations, apparently made public a letter obtained from the USDA indicating that Target admitted the error and is reviewing its processes to ensure the mistake is not repeated. Further details about the institute’s complaint appear in issue 324 of this Update. The organic industry watchdog has been taking a number of initiatives to bring to the public’s attention that the company making Silk® soy milk switched this year from organic to conventional soy beans. See Star Tribune, December 14, 2009; Cornucopia News, December 2009.
An administrative law judge recently issued an order suspending a Nebraska-based livestock operation’s organic certification for four years, agreeing with the U.S. Department of Agriculture’s (USDA) 2008 complaint that the company failed to keep and produce adequate records. In Re Promiseland Livestock, LLC, No, 08-0134 (USDA, Nov. 25, 2009). A supplier for Aurora Dairy and other organic farms, Promiseland Livestock, LLC, apparently operates five ranches in Missouri and Nebraska with more than 22,000 head of beef and dairy cattle. The judge concluded that Promiseland “willfully . . . failed to make requested records available” to USDA and denied agency representatives “access to review and copy organic operation records required to determine compliance” with the Organic Foods Production Act of 1990 and National Organic Program regulations. Promiseland first came under scrutiny when The Cornucopia Institute, an organic watchdog, targeted Aurora Dairy for allegedly “illegal” operations, according to a recent press release issued by…
An organization that seeks to advance the interests of organic and family farmers has filed a complaint with the U.S. Department of Agriculture’s National Organic Program (NOP) and state officials in Wisconsin and Minnesota, asking for an investigation of Target Corp. for alleged violations of federal organic regulations. The Cornucopia Institute contends that Target advertised Silk® soymilk “with the term ‘organic’ pictured on the carton’s label, when in fact the product’s manufacturer, Dean Foods’ WhiteWave division, has been sourcing this product line with conventional soybeans.” According to an institute press release, “Dean Foods, had quietly shifted their products away from organics,” before the Target ads appeared in newspapers throughout the Midwest. Cornucopia’s senior farm policy analyst was quoted as saying, “Major food processors have recognized the meteoric rise of the organic industry, and profit potential, and want to create what is in essence ‘organic light,’ taking advantage of the market…
In the first of a series of reports, this article discusses the sugar beet growers from Oregon’s Willamette Valley involved in litigation that has, to date, successfully challenged U.S. Department of Agriculture decisions to deregulate genetically modified (GM) sugar beets without conducting appropriate environmental impact assessments. Organic farmers risk the loss of their EU markets if their crops become contaminated with GM strains, and GM farmers have apparently been unwilling to flag the location of their fields, fearing ecoterrorism and burned crops. The standoff reportedly led to the litigation which was brought by the Center for Food Safety, whose executive director is quoted as saying, “Every farmer should have the right to grow non-GMO crops and not fear contamination. Farmers shouldn’t be out there in constant fear that they’re going to be contaminated.” The article notes that while Europeans have been resistant to GM crops, U.S. consumers are largely unaware…
