The Violations of the Organic Foods Production Act of 1990 in the USDA/NOP Final Organic Rule, published December 2000

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The Violations of the Organic Foods Production Act of 1990 in the USDA/NOP

Final Organic Rule, published December 2000

Hello,

To everyone interested in pure and unadulterated food and fiber products we

offer these observations for critique by anyone. We have followed the

development of USDA National Organic Program organic farm, handling

operation and certification requirements from the beginning and offered the

insights of multitudes of certified farmers, handlers and certifiers for

USDA and NOSB consideration. After 10 years of continuous work, the Final

Rule is still not harmonious with the authorizing legislation. Organic

producers have never slowed in expanding the market to interested folks, nor

assisting many others to become farmers and handlers. The entire market is

based on the integrity of the " organic " label to meet our customers

perceptions of " organic. " " Organic " in terms of how--the environment,

livestock, farm and farm working families are treated, food and fiber are

processed and the organic customer's expectations--all these parts of the

organic system are treated and managed with integrity--with the vision of

the wholeness of the system.

The USDA National Organic Program has made constructive improvements over

the first and second proposed rule. But there are real and existing

violations in the Final Rule.

Certified farmers, handlers, certifiers, and most important customers,

consumer, environmental and public interest groups need to appraise how the

violations of OFPA will effect their view of " organic. " And, if

appropriate, carry out a unified action to correct the situation. I have

listed the alternatives I see for correcting the Final Rule Violations.

There may be more. Either a groundswell of action comes or these violations

will be solidified within the label for " organic. " We all know misleading

or deceiving customers as with lovers never really works.

I need to go back to trying to make a living organic farming and wish

everyone the best in the New Year.

Analysis by Kindberg,

Ripplebrook Organic Growers, Inc.

Fairfield, Iowa

DETAILED COMMENTS ON THE USDA's NATIONAL ORGANIC PROGRAM FINAL RULE

The Final National Organic Program Rule has a number of violations of the

Organic Foods Production Act of 1990 which you will find listed in detail in

this paper.

They can and should be corrected.

THE MAJOR OFPA VIOLATIONS ARE:

--Exclusion of restaurants and retail food services who are processing food,

labeling and selling it as organic from being certified.

--Categorical prohibition on the use of treated seeds.

--Allows a dairy herd " exception " from the requirement that cattle must be

fed " organically produced " feed for 12 months prior to selling " organic "

milk and dairy products.

--Allows variances that if allowed completely undermine the " 100 percent

organic " and " organic " label. Allows the USDA to permit commingling, use of

prohibited substances and practices while labeling " organic. "

--Prohibits an accredited certifying agent or their inspector from " not for

fee giving advice " to farmers and handlers.

--Does not provide for the public to access " certification documents, " that

is applications, farm plan and decision making documents that are not

related to the financial transactions of the farm or handling operation.

--Does not conform to the classes of National List substances designated in

OFPA (active synthetic, inerts in pesticides and non-synthetic, but not

organically produced substances used in processed organic foods).

--Adds many categories of active synthetic substances for use in crop

production that are prohibited.

--Allows synthetic substances to contact and be a part of " organic "

processed food products.

--Categorically allows conventional produced products to be substituted for

" organically produced " ingredients in up to 5% of the product, if the

" organic " becomes commercially not available.

THE " 100 PERCENT ORGANIC " LABELING CATEGORY.

The other big change in the Final Rule are the changes in language and

requirements of organic product labeling categories. At first reading it

appears the USDA/NOP has created the " 100 percent organic " labeling category

to be pure and unadulterated " organically produced " food products. But

closer analysis indicates the USDA/NOP in fact is allowing synthetic and

non-organically produced substances to contact or be a part of a " 100

percent organic " products. This is in violation of OFPA and undermines the

integrity of the " 100 percent organic " labeling category.

We discuss this in detail below, but for those wanting to figure it out:

--Section 205.301 gives the impression that " 100 percent organic " is just

that.

--Section 205.270 then tells you synthetic solvents and those synthetic and

non-organic substances on 205.603 and .606 can contact and be a part of " 100

percent organic. "

--Section 205.105 further confirms allowing loss of integrity of " 100

percent organic. "

--Sections 205.605 and .606 further contradict the rule in .270 and .105 by

restricting those synthetic and non-organic substances to the " organic " and

" made with organic " labeling categories.

And what to do?

ALTERNATIVES ACTIONS TO CORRECT THE VIOLATIONS OF THE FINAL RULE

--The House of Representatives has 60 days after the Final Rule's

publication to reject the Final Organic Rule and send it back to USDA/NOP

for rewriting consistent to the law. To be effective, citizens and organic

farmers would have to contact and inform their Congressional representatives

that the Final Organic Rule must be rejected and corrected.

--Citizens can petition the USDA/NOP to amend the Final Rule in the manner

consistent with OFPA, and:

--Citizens can file suit in court to demonstrate the USDA/NOP is not

conforming to the Organic Foods Production Act of 1990 and as a consequence

harm is being done to certified farmers, handlers and customers.

I would encourage everyone with an interest in quality development of

organic farming and handling standards to consider these alternatives.

DETAILS BY:

CHAPTER SUBSECTIONS

Subpart A - Definitions

§ 205.2 Terms defined.

Accreditation--accreditation of foreign agents not authorized by OFPA. OFPA

authorizes determination of equivalency of foreign produced organic

products.

Allowed synthetic--none are allowed to contact or be a part of " organically

produced " processed products. USDA/NOP definition indicates the contrary

Excluded methods--GMOs are " synthetic " and need to be pronounced so, not

recategorized.

Livestock--excludes bees and aquatic life. Does not conform to the OFPA

definition.

Wild Crops--nothing in OFPA indicates " wild crops " are restricted to plant

life.

For clarity, UREC, Unavoidable Residual Environmental Contamination needs to

define what " tolerances " are meant.

Numerous other definitions are needed for simplicity of understanding of

participants in the Program..

Subpart B - 205.100: Applicability

§ 205.101 Exemptions and exclusions from certification.

( Exclusions.

(2) A handling operation that is a retail food establishment or portion of a

retail food establishment that processes, on the premises of the retail food

establishment, raw and ready-to-eat food from agricultural products that

were previously labeled as " 100 percent organic, " " organic, " or " made with

organic (specified ingredients or food group(s)) " is excluded from the

requirements in this part.

§ 205.310 Agricultural products produced on an exempt or excluded operation.

( An agricultural product organically produced or handled on an exempt or

excluded operation may be identified as an organic product or organic

ingredient in a multi-ingredient product produced by the exempt or excluded

operation.

SECTION 205.310( IS A VIOLATION OF OFPA:

OFPA MANDATES RETAILERS WHO PROCESS PRODUCTS MUST BE CERTIFIED. USDA/NOP IN

THE FINAL RULE VIOLATES OFPA BY ALLOWING RETAIL PROCESSORS TO LABEL AND SELL

PRODUCTS AS " ORGANIC " WITHOUT BEING CERTIFIED. Section 6502(10),

6505(a)(1)(A) and (, 6506(a)(1)(A) and (.

Subpart C - 105.200: Organic Production and Handling Requirements

§ 205.204 Seeds and planting stock practice standard.

A VIOLATION OF OFPA:

Categorically prohibits use of treated seeds contrary to OFPA's National

List Guidelines, Section 6517©(1)((i).

§ 205.236 Origin of livestock.

(2) Dairy animals. Milk or milk products must be from animals that have been

under continuous organic management beginning no later than 1 year prior to

the production of the milk or milk products that are to be sold, labeled, or

represented as organic, Except, That, when an entire, distinct herd is

converted to organic production, the producer may:

(i) For the first 9 months of the year, provide a minimum of 80-percent feed

that is either organic or raised from land included in the organic system

plan and managed in compliance with organic crop requirements; and

(ii) provide feed in compliance with § 205.237 for the final 3 months.

(iii) Once an entire, distinct herd has been converted to organic

production, all dairy animals shall be under organic management from the

last third of gestation.

THIS IS A VIOLATION OF OFPA, SECTION 6508(e)(2). OFPA DOES NOT AUTHORIZE AN

EXCEPTION. THE " EXCEPTION " DOES NOT SIMULTANEOUSLY:

ENHANCE THE CREDIBILITY AND INTEGRITY OF THE FOUNDATIONAL PRINCIPALS OF

ORGANIC FARMING, HANDLING, CERTIFICATION AND

FULFILL THE PERCEPTIONS OF ORGANIC CUSTOMERS.

§ 205.290 Temporary variances.

(a) Temporary variances from the requirements in §§ 205.203 through 205.207,

205.236 through 205.239, and 205.270 through 205.272 may be established by

the Administrator.

NOT AUTHORIZED UNDER OFPA.

ALLOWS SECTIONS 205.203 Soil fertility and crop nutrient management practice

standard, 205.207 Wild-crop harvesting practice standard, 205.236 Origin of

livestock and 205.239 Livestock living conditions REQUIREMENTS TO BE DROPPED

AND STILL PRODUCTS LABELED AND SOLD AS " 100 PERCENT ORGANIC " AND " ORGANIC. "

ALLOWS IN 205.270 Organic handling requirements

A VARIANCE FOR ORGANIC FOOD PROCESSORS TO USE NON-ORGANIC INGREDIENTS IN

PROCESSED FOODS AND STILL LABEL THEM " 100 PERCENT ORGANIC " AND " ORGANIC. "

ALLOWS A VARIANCE FOR 205.271 Facility pest management practice standard.

ALLOWS COMMINGLING OF ORGANIC AND CONVENTIONAL:

IN § 205.272 Commingling and contact with prohibited substance prevention

practice standard, AND CONTACT WITH PROHIBITED SUBSTANCES AND STILL LABEL

AND SELL PRODUCTS AS " 100 PERCENT ORGANIC. "

Subpart D - 205.300: Labels, Labeling, and Market Information

§ 205.307 Labeling of nonretail containers used for only shipping or storage

of raw or processed agricultural products labeled as " 100 percent organic, "

" organic, " or " made with organic (specified ingredients or food group(s)). "

( Nonretail containers used to ship or store raw or processed agricultural

product labeled as containing organic ingredients must display the

production lot number of the product if applicable.

CERTIFIED PRODUCE FARMS SHIP RAW AGRICULTURAL NON-RETAIL CONTAINERS (BOXES,

ETC.) THAT ARE USED AS INGREDIENTS. MANDATING LOT NUMBERS IS A BURDEN.

NORMALLY, BILLS OF LADING AND INVOICES ACCOMPANY OR FOLLOW SUCH SHIPMENTS.

USDA/NOP SHOULD BRING CLARITY THAT THIS SECTION ONLY APPLIES TO HANDLING

OPERATIONS OR PROVIDE ACCEPTANCE OF BILL OF LANDINGS FOR THIS REQUIREMENT.

§ 205.301 Product composition.

(a) Products sold, labeled, or represented as " 100 percent organic. " A raw

or processed agricultural product sold, labeled, or represented as " 100

percent organic " must contain (by weight or fluid volume, excluding water

and salt) 100 percent organically produced ingredients.

THIS SECTION ESTABLISHES THAT TO LABEL A PRODUCT " 100 PERCENT ORGANIC " SUCH

PRODUCT MUST BE COMPOSED OF 100% " ORGANICALLY PRODUCED " INGREDIENTS.

THIS IS NOT AUTHORIZED BY OFPA, BUT DOES SIMULTANEOUSLY:

ENHANCE THE CREDIBILITY AND INTEGRITY OF THE FOUNDATIONAL PRINCIPALS OF

ORGANIC FARMING, HANDLING, CERTIFICATION AND

FULFILLS THE PERCEPTIONS OF ORGANIC CUSTOMERS.

THEREFORE, IT IS REASONABLE TO SUPPORT ITS IMPLEMENTATION.

HOWEVER, THE FINAL RULE SECTIONS 205.270©(2) AND 205.105© AND (d)

CONTAINS LANGUAGE THAT DIRECTLY VIOLATES § 205.301 Product Composition.

THESE SECTIONS MUST BE REWRITTEN IF THE CONDITIONS STATED IN 1.) AND 2.)

ABOVE ARE TO BE MET.

§ 205.270 Organic handling requirements.

© The handler of an organic handling operation must not use in or on

agricultural products intended to be sold, labeled, or represented as " 100

percent organic, "

(2) A volatile synthetic solvent or other synthetic processing aid not

allowed under § 205.605.

(2) ABOVE STATES THAT A VOLATILE SYNTHETIC SOLVENT OR OTHER SYNTHETIC

PROCESSING AID LISTED IN SECTION 205.605 ARE ALLOWED TO CONTACT OR BE A PART

OF A " 100 PERCENT ORGANIC " PRODUCT.

THIS IS A DIRECT CONTRADICTION TO LANGUAGE IMPLICATIONS OF § 205.301(a)

Product composition.

FURTHER CONTRADICTION PREVAILS IN THE FINAL RULE AS

§ 205.605 " Nonagricultural (nonorganic) substances allowed as ingredients

in or on processed products labeled as " organic " or " made with organic

(specified ingredients or food group(s )) in or on processed products

labeled as " organic " or " made with organic. "

THE NATIONAL LIST IN 205.605 DESIGNATES THAT THE SUBSTANCES ON .605 CAN ONLY

BE USED ON " ORGANIC " AND " MADE WITH ORGANIC " PRODUCTS.

IN SECTION 205.105, QUOTED BELOW, THE FINAL ORGANIC RULE RESTATES THAT

SYNTHETICS AND NON-ORGANICALLY PRODUCED SUBSTANCES CAN BE USED IN " 100

PERCENT ORGANIC " PRODUCTS.

§ 205.105 Allowed and prohibited substances, methods, and ingredients in

organic production and handling.

To be sold or labeled as " 100 percent organic, " " organic, " or " made with

organic (specified ingredients or food group(s)), " the product must be

produced and handled without the use of:

© Nonagricultural substances used in or on processed products, except as

otherwise provided in § 205.605;

(d) Nonorganic agricultural substances used in or on processed products,

except as otherwise provided in § 205.606;

THE TITLE OF § 205.606 is: " Non-organically produced agricultural products

allowed as ingredients in or on processed products labeled as " organic " or

" made with organic ingredients. " YET IN THE ABOVE SECTION 205.105, SECTION

205.606 EXEMPTIONS ARE BEING ALLOWED IN " 100 PERCENT ORGANIC. "

IT APPEARS THE USDA/NOP HAS EITHER MADE A SERIES OF MISTAKES IN THE LANGUAGE

OF THE REGULATORY TEXT OR THEY ARE PURPOSELY ALLOWING SYNTHETIC SUBSTANCES

AND NON-ORGANICALLY PRODUCED INGREDIENTS AND SYNTHETIC FOOD ADDITIVES AND

PROCESSING AIDS TO CONTACT AND BE USED IN " 100 PERCENT ORGANIC " PRODUCTS.

EVERYONE KNOWS THAT THE ORGANIC CUSTOMER EXPECTS THAT BUYING " 100 PERCENT

ORGANIC " MEANS NO SYNTHETIC SUBSTANCES, NO CONVENTIONAL INGREDIENTS OR

SUBSTANCES ARE USED IN THE PRODUCTS.

Subpart E - 205.400: Certification

APPEARS TO CONTAIN NO VIOLATIONS OF OFPA.

Subpart F - Accreditation of Certifying Agents

§ 205.500 Areas and duration of accreditation.

(a) The Administrator shall accredit a qualified domestic or foreign

applicant in the areas of crops, livestock, wild crops, or handling or any

combination thereof to certify a domestic or foreign production or handling

operation as a certified operation.

OFPA REQUIRES THAT AN ENTITY SEEKING ACCREDITATION MUST MEET REQUIREMENTS AS

STATED IN SECTION 2115 AND 2116. All THOSE REQUIREMENTS ARE ONLY

ENFORCEABLE IF THE CERTIFICATION AGENT CAN BE HELD ACCOUNTABLE UNDER US LAW.

THERE IS NO MENTION IN OFPA OF USDA ACCREDITING A FOREIGN ENTITY. THE NOSB

HAS NEVER DISCUSSED ACCREDITATION OF FOREIGN ENTITIES AND HAS NEVER OFFERED

A FINAL RECOMMENDATION ON THE SUBJECT. ACCREDITATION OF FOREIGN ENTITIES TO

CERTIFY IN THE US RAISES QUESTIONS OF THE EXTENT AND LIMITS OF LIABILITY AND

TO WHETHER IN A US COURT OF LAW, SUCH ACCREDITED FOREIGN ENTITIES ARE

ULTIMATELY ACCOUNTABLE.

TO WHAT EXTENT DOES A FOREIGN CERTIFYING AGENT HAVE EXPERTISE REGARDING

ORGANIC FARMING AND HANDLING OPERATIONS OF THE US? DOES ACCREDITING FOREIGN

CERTIFIERS COMPROMISE CONFIDENTIALITY REQUIREMENTS. WHAT OF THE PUBLIC

PERCEPTION AND LEGAL QUESTIONS RELATED TO A CITIZENS OF A FOREIGN COUNTRY

COMPOSING THE MAJORITY OF A CERTIFYING AGENTS BOARD OF DIRECTORS? TO WHAT

EXTENT AND DEGREE ARE THEY HELD ACCOUNTABLE BY US LAW? WHAT ARE THE

IMPLICATIONS OF A FOREIGN MAJORITY BOARD OF DIRECTORS ADMINISTERING DECISION

MAKING OVER THE USDA/NOP STANDARDS, SEAL AND US CITIZENS? DOES PROPOSED

ACCREDITATION BY THE USDA/NOP EMPOWER THE FOREIGN ENTITY TO CERTIFY FARM AND

HANDLING OPERATIONS OUTSIDE THE US IN SOVEREIGN NATIONS WHERE THE USDA/NOP

HAS NO LEGAL STANDING? THEN CAN FOREIGN PRODUCTS SO CERTIFIED WITHOUT

USDA/NOP LEGAL OVERSIGHT BE IMPORTED TO THE US AND COMPETE WITH DOMESTICALLY

CERTIFIED AND PRODUCED PRODUCTS? THE USDA/NOP SHOULD LIMIT ACCREDITATION TO

US ENTITIES THAT ARE UNAMBIGUOUSLY REQUIRED TO CONFORM TO US STATUTE AND

ACCOUNTABILITY. A FURTHER QUESTION IS ARE DOMESTIC BASED US ORGANIC

CERTIFYING AGENTS ALLOWED BY OTHER NATIONS WITH NATIONAL ORGANIC PROGRAMS TO

CERTIFY WITHIN THAT NATION?

THE USDA/AMS/NATIONAL ORGANIC PROGRAM IS EXPANDING ITS AUTHORITY BEYOND WHAT

IS AUTHORIZED BY CONGRESS.

§ 205.501 General requirements for accreditation.

(a) A private or governmental entity accredited as a certifying agent under

this subpart must:

(11) Prevent conflicts of interest by:

(iv) Not giving advice or providing consultancy services, to certification

applicants or certified operations, for overcoming identified barriers to

certification;

VIOLATES OFPA.

(IV) OVERSTATES THE PROHIBITION FOUND IN OFPA SECTION 6515(H) CONFLICT OF

INTEREST: " ANY CERTIFYING AGENT SHALL NOT:

(3) PROVIDE ADVICE CONCERNING ORGANIC PRACTICES OR TECHNIQUES FOR A FEE,

OTHER THAN FEES ESTABLISHED UNDER SUCH PROGRAM.

INSPECTORS AND CERTIFYING AGENTS ARE ALLOWED TO PROVIDE ADVICE TO FARMERS

AND HANDLERS, JUST NOT FOR A CONSULTING FEE. (3) EVEN IMPLIES IT IS

COMMENDABLE THAT A CERTIFYING AGENT OR THEIR INSPECTOR PROVIDE ADVICE

BECAUSE THEY ARE RECEIVING A FEE FOR SERVICE FROM THE APPLICANT.

§ 205.504 Evidence of expertise and ability.

A private or governmental entity seeking accreditation as a certifying agent

must submit the following documents and information to demonstrate its

expertise in organic production or handling techniques:

(5) A copy of the procedures to be used, including any fees to be assessed,

for making the following information available to any member of the public

upon request:

(i) Certification certificates issued during the current and 3 preceding

calendar years;

(ii) A list of producers and handlers whose operations it has certified,

including for each the name of the operation, type(s) of operation, products

produced, and the effective date of the certification, during the current

and 3 preceding calendar years;

(iii) The results of laboratory analyses for residues of pesticides and

other prohibited substances conducted during the current and 3 preceding

calendar years; and

(iv) Other business information as permitted in writing by the producer or

handler;

SECTION 205.504 IS A VIOLATION OF OFPA:

Section 6506 GENERAL REQUIREMENTS.

(a) IN GENERAL. A program established under this title shall

(9) provide for public access to certification documents and laboratory

analyses that pertain to certification.

And:

Section 6515 REQUIREMENTS OF CERTIFYING AGENTS.

(g) CONFIDENTIALITY. Except as provided in section 6506 (a)(9), any

certifying agent shall maintain strict confidentiality with respect to its

clients under the applicable organic certification program and may not

disclose to third parties (with the exception of the Secretary or the

applicable governing State official) any business related information

concerning such client obtained while implementing this title.

OFPA INDICATES THE PUBLIC SHALL HAVE ACCESS TO " CERTIFICATION DOCUMENTS. " .

CERTIFICATION APPLICATIONS, INSPECTION REPORTS, CERTIFIER DECISION MAKING

RELATED DOCUMENTS BY AND LARGE ARE NOT BUSINESS RELATED INFORMATION AND AS

SUCH SHOULD BE AVAILABLE TO THE PUBLIC.

Subpart G - Administrative

The National List of Allowed and Prohibited Substances

§ 205.600 Evaluation criteria for allowed and prohibited substances,

methods, and ingredients.

( In addition to the criteria set forth in the Act, any synthetic

substance used as a processing aid or adjuvant will be evaluated against the

following criteria.

SECTION 205.600( IS A VIOLATION OF OFPA, SECTION 6504(1), 6510(a)(1) AND

(4), 6517©(1)((iii).

OFPA PROHIBITS A SYNTHETIC SUBSTANCE FROM POST HARVEST CONTACTING OR BEING

AN INGREDIENT IN AN " ORGANICALLY PRODUCED " PRODUCT.

THE USDA/NOP NEEDS TO ESTABLISH A MARKETING LABEL " 100 PERCENT ORGANIC " FOR

PROCESSED PRODUCTS THAT PROHIBITS ALL SYNTHETIC AND ALL " NON-ORGANICALLY

PRODUCED " PROCESSING AIDS, FOOD ADDITIVES, INGREDIENTS, COLORINGS,

FLAVORINGS, SOLVENTS, ETC.

" 100 PERCENT ORGANIC " MEETING THIS CRITERIA WOULD PROVIDE A MARKETING LABEL

THAT IS CONSISTENT WITH ORGANIC FARMING AND HANDLING BY SIMULTANEOUSLY:

ENHANCING THE CREDIBILITY AND INTEGRITY OF THE FOUNDATIONAL PRINCIPALS OF

ORGANIC FARMING, HANDLING, CERTIFICATION AND

FULFILLING THE PERCEPTIONS OF ORGANIC CUSTOMERS.

§ 205.601 Synthetic substances allowed for use in organic crop production.

(a) As algicide, disinfectants, and sanitizer, including irrigation system

cleaning systems

( As herbicides, weed barriers, as applicable.

© As compost feedstocks

(d) As animal repellents

(e) As insecticides (including acaricides or mite control)

(f) As insect attractants

Pheromones

(g) As rodenticides

(h) As slug or snail bait

(i) As plant disease control

(j) As plant or soil amendments.

(i) Soluble boron products

(k) As plant growth regulators

(l) As floating agents in postharvest handling

(m) As synthetic inert ingredients as classified by the Environmental

Protection Agency

(1) EPA List 4 - Inerts of Minimal Concern

§ 205.603 Synthetic substances allowed for use in organic livestock

production.

THE CLASSES OF SUBSTANCES ITEMIZED IN SECTION 205.601 AND 603 VIOLATE OFPA.

OFPA SECTION 6517©(1)( NATIONAL LIST SETS FORTH EXPLICIT GUIDELINES,

CLASSES AND CATEGORIES OF SUBSTANCES, THAT CAN BE CONSIDERED FOR THE

NATIONAL LIST. THE CLASSES OF SUBSTANCES THAT CAN BE CONSIDERED FOR THE

NATIONAL LIST ARE:

ACTIVE SYNTHETIC SUBSTANCES USED IN CROP AND LIVESTOCK PRODUCTION,

SYNTHETIC INERT INGREDIENTS USED IN PESTICIDE FORMULATIONS,

NON-SYNTHETIC, BUT NOT ORGANICALLY PRODUCED SUBSTANCES CONTACTING OR BEING

AND INGREDIENT IN PROCESSED ORGANIC PRODUCTS.

THE CATEGORIES OF ACTIVE SYNTHETIC SUBSTANCES THAT CAN BE CONSIDERED FOR

INCLUSION ON THE NATIONAL LIST ARE DESCRIBED IN SECTION 205.601 AND 205.603.

THEY ARE: " active synthetic ingredients in the following categories: copper

and sulfur compounds; toxins derived from bacteria; pheromones, soaps,

horticultural oils, fish emulsions, treated seed, vitamins and minerals;

livestock parasiticides and medicines and production aids including netting,

tree wraps and seals, insect traps, sticky barriers, row covers, and

equipment cleansers. "

THE CATEGORIES OF SUBSTANCES LISTED IN SECTION 205.601 (WITH THE EXCEPTION

OF PHEROMONES AND EQUIPMENT CLEANSERS) DO NOT CONFORM TO THE CATEGORIES OF

ACTIVE SYNTHETIC SUBSTANCES AUTHORIZED UNDER OFPA SECTION 6517©(1)((i)

FOR POSSIBLE INCLUSION ON THE NATIONAL LIST.

THE CATEGORIES OF SUBSTANCES LISTED IN SECTION 205.603 DO NOT CONFORM TO

OFPA SECTION 6517©(1)((i), BUT MOST OF THE SUBSTANCES CAN BE ALLOWED

UNDER OFPA IN THE CATEGORIES OF VITAMINS, MINERALS, LIVESTOCK MEDICINES AND

PARASITICIDES.

VACCINES ARE NOT IDENTIFIED AS A CATEGORY OF SUBSTANCES UNDER OFPA SECTION

6517©(1)((i). ALL SYNTHETIC VACCINES ARE ALLOWED TO BE USED ON

LIVESTOCK WHOSE PRODUCTS ARE LABELED AND SOLD AS ORGANIC, REFER TO SECTION

6509(d)(1)©.

CATEGORIES OF SUBSTANCE IDENTIFIED IN SECTION 205.603 LIKE " FEED

SUPPLEMENTS, " " FEED ADDITIVES " ARE PROHIBITED BY OFPA. USDA/NOP ALLOWING

" FEED SUPPLEMENTS " AND " FEED ADDITIVES " WITHIN SECTION 205.603 OPENS THE

FARM DOORS TO GMOS AND SYNTHETIC AMINO ACIDS, ETC.

TO ALLOW CATEGORIES OF ACTIVE SYNTHETIC SUBSTANCES TO BE CONSIDERED FOR THE

NATIONAL LIST THAT ARE NOT AUTHORIZED BY OFPA IS ILLEGAL AND UNDERMINES THE

INTEGRITY OF ORGANIC FARMING.

§ 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in

or on processed products labeled as " organic " or " made with organic

(specified ingredients or food group(s)). "

The following nonagricultural substances may be used as ingredients in or on

processed products labeled as " organic " or " made with organic (specified

ingredients or food group(s)) " only in accordance with any restrictions

specified in this section.

(a) Nonsynthetics allowed:

( Synthetics allowed:

IN ( SYNTHETICS ALLOWED IS A VIOLATION OF OFPA. BOTH OFPA AND THE JOINT

HOUSE-SENATE CONFEREE REPORT STATE THAT ONLY NON-SYNTHETIC, BUT NOT

ORGANICALLY PRODUCED SUBSTANCES USED IN PROCESSING " ORGANIC " FOODS CAN BE

CONSIDERED FOR INCLUSION ON THE NATIONAL LIST.

SYNTHETIC SUBSTANCES ARE PROHIBITED TO CONTACT OR BE AN INGREDIENT IN

" ORGANICALLY PRODUCED " PRODUCTS UNDER OFPA AS STATED IN:

--NATIONAL STANDARDS FOR ORGANIC PRODUCTION SECTION 6504(1);

--GENERAL REQUIREMENTS SECTION 6506(((1)©;

--HANDLING SECTION 6510(A)(1). H

HANDLING SECTION 6510(A)(4) REFERS DIRECTLY TO NATIONAL LIST SECTION

6517©(1)((III) DIRECTING THE NOSB AND THE USDA/NOP TO PROVIDE A SINGLE

CATEGORY OF " NON-SYNTHETIC, BUT NOT ORGANICALLY PRODUCED " SUBSTANCES ALLOWED

FOR USE IN " ORGANICALLY PRODUCED " PRODUCTS.

HOWEVER, THERE APPEARS TO BE A JUSTIFIABLE TRADEOFF. IF THE LABELING

CATEGORY " 100 PERCENT ORGANIC " PROHIBITED ALL SYNTHETIC SUBSTANCES AND ALL

NON-ORGANIC SUBSTANCES FROM CONTACTING OR BEING AN INGREDIENT IN THE " 100

PERCENT ORGANIC, " THAN SUCH A REGULATION WOULD SIMULTANEOUSLY BE:

ENHANCING THE CREDIBILITY AND INTEGRITY OF THE FOUNDATIONAL PRINCIPALS OF

ORGANIC FARMING, HANDLING, CERTIFICATION AND

FULFILLING THE PERCEPTIONS OF ORGANIC CUSTOMERS.

THE PROBLEM IS AS NOTED IN THE DISCUSSIONS ON ORGANIC LABELING EARLIER. THE

USDA/NOP MUST CORRECT AND MAKE CLEAR THAT NO SYNTHETICS AND NO CONVENTIONAL

PRODUCTS ARE ALLOWED WITHIN THE REGULATORY TEXT FOR LABELING A PRODUCTS AS

" 100 PERCENT ORGANIC. "

§ 205.606 Nonorganically produced agricultural products allowed as

ingredients in or on processed products labeled as organic or made with

organic ingredients.

The following nonorganically produced agricultural products may be used as

ingredients in or on processed products labeled as " organic " or " made with

organic (specified ingredients or food group(s)) " only in accordance with

any restrictions specified in this section.

Any nonorganically produced agricultural product may be used in accordance

with the restrictions specified in this section and when the product is not

commercially available in organic form.

THE USDA/NOP CATEGORICALLY ALLOWING CONVENTIONALLY PRODUCED PRODUCTS TO BE

SUBSTITUTED FOR ORGANICALLY PRODUCED PRODUCTS UP TO 5% WITHOUT BEING

INCLUDED ON THE NATIONAL LIST IS A VIOLATION OF OFPA.

OFPA SECTION 6517©(1)((iii) MANDATES THAT ALL NON-SYNTHETIC, BUT NOT

ORGANICALLY PRODUCED SUBSTANCES UP TO 5% MUST BE PETITIONED, REVIEWED AND

INCLUDED ON THE NATIONAL LIST PRIOR TO THEIR POSSIBLE USE IN " ORGANIC "

PROCESSED FOODS.

§ 205.301 Product composition.

( Products sold, labeled, or represented as " organic. " A raw or processed

agricultural product sold, labeled, or represented as " organic " must contain

(by weight or fluid volume, excluding water and salt) not less than 95

percent organically produced raw or processed agricultural products. Any

remaining product ingredients must be organically produced, unless not

commercially available in organic form, or must be nonagricultural

substances or nonorganically produced agricultural products produced

consistent with the National List in subpart G of this part. If labeled as

organically produced, such product must be labeled pursuant to § 205.303.

A HANDLING OPERATION IS ALLOWED TO SUBSTITUTE UP TO 5% OF " ORGANICALLY

PRODUCED " PRODUCTS WITH CONVENTIONAL PRODUCTS AT WILL. THIS WOULD BE

MISLABELING AND MISLEADING THE CUSTOMER, A VIOLATION OF OFPA AND ALL

LABELING LAWS.

Commercially available. The ability to obtain a production input in an

appropriate form, quality, or quantity to fulfill an essential function in a

system of organic production or handling, as determined by the certifying

agent in the course of reviewing the organic plan.

§ 205.270 Organic handling requirements.

( Nonagricultural substances allowed under § 205.605 and nonorganically

produced agricultural products allowed under § 205.606 may be used:

(1) In or on a processed agricultural product intended to be sold, labeled,

or represented as " organic, " pursuant to § 205.301(, if not commercially

available in organic form.

State Organic Programs

§ 205.620 Requirements of State organic programs.

SATISFACTORY

Fees

§ 205.640 Fees and other charges for accreditation.

SATISFACTORY. AND HERE ARE THE REASONS.

AS FOUND IN THE:

Appendixes to Preamble

Appendix A.--Regulatory Impact Assessment for Final Rule Implementing the

Organic Foods Production Act of 1990

" We estimate that initial accreditation costs after the 18-month

implementation period will range from $6,120 to $9,700....

Approximately $25 is added to (EXISTING CERTIFICATION COSTS) to cover the

costs associated with the National Organic Program. "

ACCREDITATION OF EACH CERTIFYING AGENT IS REQUIRED TO OCCUR ONCE IN EACH

FIVE YEARS. IF WE DIVIDE THE USDA/NOP'S SUGGESTED CERTIFICATION COST (AFTER

THE FIRST 18 MONTHS) BY FIVE YEARS AND THEN DIVIDE AGAIN BY $25 PER

CERTIFIED FARM OR HANDLING OPERATION, IT TAKES THE CERTIFICATION OF ABOUT 50

CLIENTS TO PAY FOR THE LOWER PRICE AND 80 CLIENTS TO PAY FOR THE HIGHER

SUGGESTED PRICE.

ADMINISTRATIVE COSTS OF CERTIFYING AGENTS MAY GO UP BECAUSE OF MORE

BUREAUCRATIC PAPERWORK, MORE EXPERTISE AND TRAINING NEEDED BY INSPECTORS AND

CERTIFIERS.

THE FINAL RULE EXPLAINS THAT ACCREDITED CERTIFICATION AGENTS MUST SUPPLY A

LISTING OF FEES THEY ARE GOING TO SEEK AND THOSE FEES MUST BE REASONABLE.

CERTIFICATION AGENT PERSONNEL INCLUDING INSPECTORS ARE SUGGESTED TO RECEIVE

$23 TO $27 PER HOUR.

NO DEFINITION OF " REASONABLE " IS PROVIDED, BUT WHEN WE REALIZE THAT THE

USDA/NOP IS PROJECTED TO RECEIVE $95 PER HOUR WITH OTHER COST ADDITIONAL

WHILE PERFORMING ACCREDITATION ACTIVITIES, " REASONABLE " IS PRETTY HIGH.

Compliance

§ 205.660 General.

SATISFACTORY.

Inspection and Testing, Reporting, and Exclusion from Sale

§ 205.670 Inspection and testing of agricultural product to be sold or

labeled " organic. "

SATISFACTORY

Adverse Action Appeal Process

§ 205.680 General.

SATISFACTORY

Forwarded to you as a public service by Blazing Tattles and Gilbert

--

In November 2000 BLAZING TATTLES (not online): " How long do you

want to live?, " " Letters on MCS, cures, 'thoughts,' & more, "

Collier: " Your stolen vote -- the missing piece of the puzzle, "

" Surfers hot over warming, " " The Green Party condemns the role of

U.S. in the breakdown of the Global Warming Conference, " " Breaking

news, " " Thirteen earths, " " Brower passes on, " " Makes ya wanna

cry, " " New email discussion group: 'mcs-healthvisions,' " " Ban

mercury fillings, " and " Perfumes, cosmetics, and nail polish may

cause cancer. " <http://www.blazingtattles.com>.