Greenfield, Massachusset
January 27, 2005
The
Organic Trade Association (OTA) today said it will continue
to work with the U.S. Department of Agriculture (USDA) to help
address issues concerning the National Organic Program (NOP)
raised by yesterday’s rulings in the lawsuit brought by Arthur
Harvey against the Secretary of Agriculture (Harvey v. Veneman).
Handing down its decisions
yesterday, the U.S. Court of Appeals for the First Circuit based
in Boston, MA, ruled in favor of three of the seven issues
Harvey raised concerning technical inconsistencies between the
national organic standards implemented in 2002 and the Organic
Foods Production Act (OFPA) of 1990. In its ruling, the court
called for the following changes to National Organic Program
(NOP) regulations:
1) For
multi-ingredient products labeled as “Organic” (at least 95
percent organic ingredients), OFPA bars synthetic substances.
NOP regulations have allowed 38 synthetics, such as baking
powder, to be used in these organic processed foods on a limited
basis after strict review. Most of the synthetics that have been
approved up to now would no longer be allowed.
2) NOP
regulations have allowed whole dairy herds transitioning to
organic production to use 80 percent organic feed for the first
nine months. However, because OFPA requires all organic dairy
animals to receive organic feed for 12 months prior to the sale
of milk or milk products, this provision no longer can be
followed.
3) For
multi-ingredient products labeled as “Organic” (at least 95
percent organic ingredients), agricultural products not
available commercially as organic must have individual reviews
in order to be used in the 5 percent not required to be organic.
“OTA is very proud that in the two
years since national organic standards were implemented, U.S.
organic acreage and production have grown substantially, organic
product sales have increased, and there have been many
environmental benefits as a result. The court decision may
hamper that growth rate in the short term, but OTA is optimistic
that its members and others in the organic community can pull
together to maintain the momentum for organic agriculture,” said
Katherine DiMatteo, OTA’s executive director.
If USDA chooses not to appeal the
decision, the process for changing the regulations will take
time during which those within the industry expect to have
opportunity to give input and comment. “OTA intends to play an
active role in this process, to help work toward continuing to
grow the organic market and provide consumers with the products
they want,” DiMatteo added.
The Organic Trade Association (OTA) is the
business association representing the organic agriculture
industry in North America. Its nearly 1,500 members include
growers, shippers, processors, certifiers, farmers'
associations, distributors, importers, exporters, consultants,
retailers and others. |