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Winter 1995

ORGANIC FOOD PRODUCTION ACT

333

 

stall progress even today. The total exclusion of both the food safety debate and input from the chemically sensitive community (those who suffer from multiple chemical sensitivity and require clean organic food)44 has been a severe drawback as well.
    Regarding implementation of the rules, phase-in recommendations kept floating to the surface, as did the possible "need" to grandfather in previously used questionable materials.45 Companies that were looking to new organic rules as their "jumping in" opportunity doggedly attended every board meeting, hoping the standards and allowed materials would give them the chance to use synthetic substances in processed foods and still label them "organic." In fact, "historical uses" in organic processed foods of some of the synthetics desired by many processors were non-existent. Yet, these companies hoped the synthetics they used would be categorically allowed if the lead processor/scientist on the board, Dr. Richard Theuer of Beechnut Foods,46 could "prove" their necessity.
    Even though public input was solicited on a regular basis and all meetings were open and announced well in advance, typical organic food consumers rarely read about the board, its meetings or its interest in their input. The "public" that most of the board wanted to hear from were the "organic" insiders," the friends of the certifiers, the pals of

 


          ii    is used in production and contains synthetic inert ingredients that are not classified by the Administrator of the Environmental Protection Agency as inerts of toxicological concern; or

          iii    is used in handling and is non-synthetic but is not organically produced.

7 U.S.C. §§ 6517(c)(1)(A), (B) (Supp. V 1993). Natural substances that are otherwise allowable under the chapter may be prohibited if:

    1. the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—

(i) would be harmful to human health or the environment; and

    1. is inconsistent with organic farming or handling, and the purposes of this chapter.

7 U.S.C. § 6517(c)(2)(A) (Supp. V 1993).
    44.    The chemically sensitive community includes persons who suffer from Multiple Chemical Sensitivity (MCS) or Repeated Exposure Toxicity Syndrome (RET Syndrome). See generally NICHOLAS A. ASHFORD & CLAUDIA S. MILLER, CHEMICAL EXPOSURES: LOW LEVELS AND HIGH STAKES (1991) (discussing the diseases that result from chemical exposure); Deborah F. Dubin, Americans with Disabilities Act Accommodation Issues May Apply to Environmental Illness, 11 HEALTHSPAN 22 (1994).
    45.    S. REP. NO. 357, 101st Cong., 2d Sess. 289, 293 (1990), reprinted in 1990 U.S.C.C.A.N. 4656, 4947 (confining specifically any phase-in or grandfathers to the period before October 1993). This statute contains adequate notice to interested parties that doubtful synthetics would not survive the "National List" process. Id.
   46.   Beechnut was out of the organic processed foods business before Dr. Theuer was appointed to the board.

 

 

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