SHB Tort lawyers James Andreasen and Christopher McDonald have co-authored an article that discusses developments in the drafting of an agricultural sustainability standard under the auspices of the American National Standards Institute (ANSI). Noting that the initial draft, “if finalized, could have broad-reaching impact,” the authors observe that a number of stakeholders have already “expressed concerns about certain aspects of the draft,” which is intended to cover agricultural activities “from seed to store.” Among the draft’s requirements for agricultural producers would be (i) the adoption of organic practices, (ii) limitations on and phase-out of “synthetic” pesticides and fertilizers, and (iii) employment practices in the areas of collective bargaining rights and union organizing activities “that may go beyond existing legal requirements.” The article notes that voluntary ANSI standards are often adopted by governments as legal requirements and indicates how interested parties can become involved in the standard’s development.
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The European Commission this week abolished more than 100 pages of rules and regulations governing the size, shape and color of various vegetables and fruits sold in member countries. The rules reportedly included prescriptions dictating that green asparagus must be green for 80 percent of its length and a cauliflower head must exceed 11 centimeters in diameter. Although it retained the marketing standards for apples, pears, citrus fruits, strawberries, and tomatoes, the commission repealed those pertaining to apricots, artichokes, asparagus, avocados, beans, Brussels sprouts, carrots, cauliflower, cherries, chicory, courgettes, cucumbers, cultivated mushrooms, eggplant, garlic, hazelnuts in shell, headed cabbages, leeks, melon, onions, peas, plums, rubbed celery, spinach, walnuts in shell, and watermelon. Organic farmers have greeted the demise of the regulations as a boon to their niche market, which is “about inner quality, not outer appearance,” according to Soil Association Director Patrick Holden. Large retailers like Sainsbury’s, Tesco and Asda also…
This article examines the effect of “shaky consumer spending” on the organic industry, which is “starting to show signs that a decades-long sales boom may be coming to an end.” New York Times reporter Andrew Martin states that, according to the Nielsen Co., organics sales growth has declined from 20 percent per year in recent years to 4 percent in the latest four-week period ending October 4. “If a slowdown continues,” he writes, “it could have broad implications beyond the organic industry, whose success has spawned a growing number of products with values-based marketing claims, from fair trade coffee to hormone-free beef to humanely raised chickens.” Industry experts apparently anticipate that as organics begin to lose less committed consumers, products marketed to children will nevertheless “continue to thrive because they appeal to parents’ concerns about health.” In addition, shoppers have become more selective about their purchases, “buying four or five products…
The USDA has issued a proposed rule that will amend the livestock provisions of the National Organic Program by providing greater detail about pasture and ruminant animals and “clarify the replacement animal provision for dairy animals.” Comments must be submitted on or before December 23, 2008. The Federal Register notice provides a history of the rule’s development and summarizes the content of the thousands of comments the agency received on an advanced notice of proposed rulemaking published in 2006. According to the agency, “[s]upport for strict standards and greater detail on the role of pasture in organic livestock production was nearly unanimous with just 28 of the over 80,500 comments opposing changes to the pasture requirements.” Among the changes are (i) defining “crop” to include pastures, sod and cover crops; (ii) defining “livestock” as “Any bee, cattle, sheep, goats, swine, poultry, equine animals used for food or in the production…
The Soil Association, a British environmental group dedicated to sustainable, organic farming, has released a report, titled “Land of the GM-Free? How the American public are starting to turn against GM food,” that contends American consumers, farmers and politicians are losing their enthusiasm for genetically modified (GM) crops. Thus, “it is not surprising that the GM industry has scaled up its efforts to find a new market in the EU.” The report specifically addresses how “genetically engineered bovine growth hormone” and GM crops such as rice, wheat and alfalfa are facing opposition from consumers and others in the United States in the form of lawsuits and regulatory pressures. According to the report, “The Irish Republic, Northern Ireland, Scotland and Wales are all committed to GM-free policies. This has left just the present English government ministers on an increasingly lonely and desperate pro-GM quest, as consumers in their main pro-GM ally,…
Aurora Dairy Corp. and other defendants have filed motions to dismiss on preemption grounds in multidistrict litigation (MDL) filed on behalf of consumers who allege that the companies misled consumers by claiming their products are organic, when, in fact, they are not following organic standards and regulations. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., No. MDL 1907 (E.D. Mo.), motions filed October 17, 2008). According to the defendants, the plaintiffs’ state-law claims would have the effect of rewriting national regulations for organic food production. Asserting that it holds valid organic certifications from the U.S. Department of Agriculture, Aurora argues that the relief requested would “preclude Aurora from using the very seal that the USDA, through its duly-accredited certifying agents, has expressly authorized Aurora to use.” Co-lead counsel for plaintiffs was quoted as saying, “Aurora spends a lot of time arguing that plaintiffs are trying to regulate…
A California jury has reportedly awarded an organic farm in Santa Cruz $1 million for the contamination of its edible herbs by pesticides applied on neighboring farms. Jacobs Farm/Del Cabo v. W. Farm Serv., Inc., No. ___ (Cal. Dist. Ct., Santa Cruz Cty., September 29, 2008). Pesticide drift from aerial spraying allegedly made it impossible for the plaintiff to sell large portions of its sage, rosemary and dill harvests in 2006 and 2007. The defendant, a pesticide application company, has reportedly indicated that it intends to appeal the verdict; a spokesperson was quoted as saying that the verdict “raises concerns about future use of organophosphates in California.” The company apparently claims that it followed all product labeling standards and county agricultural permits when it applied the pesticides and that decisions about the uses and risks of pesticides should rest in the hands of government regulators and not juries. The company also…
