Coop Scoop Navigation Bar

Coop Scoop

Expect Positive Changes to the "Organic" Label

by Robynn Shrader
National Cooperative Growers Association

The United States Department of Agriculture (USDA) has been ordered to amend the National Organic Program (NOP) to comply with the Organic Foods Production Act of 1990 (OFPA). In October 2002, just days after the rules governing organic under NOP were implemented, Maine blueberry farmer Arthur Harvey filed suit against USDA, claiming that the USDA regulations governing foods labeled “organic” contravened several principles of the OFPA. Having initially lost on all counts, Harvey prevailed in January 2005 when the Court of Appeals ruled in his favor on the three counts, finding:

1.Synthetic substances are not permitted in processing of items labeled as “organic,” and only allowed in the “made with organic” labeling category.

2.Provisions allowing up to 20% non-organic feed in the first nine months of a dairy herd’s one-year conversion to organic production are not permitted.

3.All exemptions for the use of non-organic products “not commercially available in organic form” must be reviewed by the National Organic Standards Board, and certifiers must review the operator’s attempt to source organic.

The final court ruling, issued in late June, is important because it confirms that USDA does not have the authority to contravene the enabling legislation in their implementation of a federal program, despite any amount of process involved in that implementation.

The organic industry has argued that OFPA should be changed to be consistent with the NOP developed by USDA, on the basis of there having been considerable meetings within the organic community and a public rule-making process. Essentially, we should content ourselves with the rules developed by USDA and return to the NOP that existed prior to the Harvey decision, requiring Congress to amend the original law. The member retailers of the National Cooperative Grocers Association assert, instead, that the beliefs and expectations of the average consumer are consistent with OFPA and the USDA rules should be changed accordingly, without legislative changes.

There is plenty of anecdotal evidence and some preliminary research to indicate that consumers do not expect there to be a dilution of the principles of OFPA in the foods they purchase labeled “organic.” The success of the organic market is largely driven by consumer expectations that were shaped by decades of practice by farmers, processors and manufacturers prior to a USDA program; and diligence by a wide array of organizations including food coops that committed themselves to education about what the term “organic” means and the impacts of organic agriculture. There is real opportunity for more transparency and consumer understanding in the organic labeling scheme, and this opportunity for more clarity in labeling is a key positive outcome of the Harvey case.

To this end, six agriculture, retail and food safety groups (including NCGA) have petitioned USDA, asking for a number of regulatory changes designed to ensure the long-term integrity of the “organic” label, to create an equitable and consistent standard that aids dairy farmer transition to organic, and to bring the current NOP regulations into compliance with the federal court’s ruling. Petitioners are asking USDA to make the proposed regulatory changes complete by June 2006. (You can view the entire petition at www.agmatters. net/attachments/PetitionFinalJune22Filed.pdf.)

The proposals within this petition can resolve inconsistencies between the law and the organic program regulations without opening up the law to wholesale changes. Regulatory changes to the NOP should be pursued and exhausted before any attempt is made to amend the law, and the member coops of NCGA are prepared to defend against any attempt to weaken OFPA. The organic industry must be willing to adopt practices that maintain the integrity, high standards and market viability of the organic label long term.

Robynn Shrader is the Director of Marketing and Communications for the National Cooperative Grocers Association. NCGA represents 96 food coops with more than 120 retail locations nationwide, and more than $670 million in annual sales. NCGA was formed to provide a support infrastructure to the network of consumer-owned cooperatives in the U.S., leveraging their combined purchasing power, joint training opportunities and peer support, and collectively promoting the cooperative advantage. Reprinted with permission of NCGA, June 2005.

Back to index

CoopScoop Home
CoopScoop Archives
Behind the Scoop
Guidelines for Article

     Submission
 

Membership Information About the Coop Site Map Links Meetings and Events Sale Flyer Coop Home Page