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| Winter 1995 |
ORGANIC FOOD PRODUCTION ACT
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335 |
base standard on these growers’ methods.52 Instead,
the NOSB ignored and spurned the testimony of these "pure" organic growers and
the strong protests of its own minority members who implored the board not to seek a
lowest common denominator standard that compromises the integrity of organic growers and
their organically grown products.
Instead of leveling the playing field, lowering standards simply shifts
the non-uniform standards to another venue without the fundamental questions of risk
avoidance, minimal inputs, deceptive labeling, full disclosure, pesticide residue
background levels and clean farming techniques. Indeed, the NOPP staff and several members
of the board have argued vigorously for full "tool boxes" of toxins and
"rescue" treatments with scarcely a concession to requirements to divert
products produced with these materials to the conventional market.
The clear and ever-present purpose of the OFPA is to remove the
confusion among consumers as to the nature of organically produced foods.53 Organically grown gods are clearly intended to be "grown
without," and the U.S. Department of Agriculture is to assure that the consumer gets
products that are authentically "grown without," or if not "grown
without," then clearly labeled as such on the container label.54
To date, the statute has not been given its intended effect.
52. S.
REP. NO. 357, 101st Con., 2d Sess. 289 302 (1990). See 7 U.S.C. §
6516(a), (b) (Supp. V 1993). Section 6516 provides for "peer review":
- Peer review
In determining whether to approve an application for accreditation
submitted under section 6514 of this title, the Secretary shall consider a report
concerning such applicant that shall be prepared by a peer review panel established under
subsection (b) of this section.
- Peer review panel
To assist the Secretary in evaluating applications under section 6514
of this title, the Secretary may establish a panel of not less than three persons who have
expertise in organic farming and handling methods, to evaluate the State governing
official or private person that is seeking accreditation as a certifying agent under such
section. Not less than two members of such panel shall be persons who are not employees of
the Department of Agriculture or of the applicable State government.
Id.
53. See, e.g., 7
U.S.C. § 6501 (Supp. V 1993). "It is the purpose of this chapter . . . to assure
consumers that organically produced products meet a consistent standard." 7 U.S.C. §
6501(2) (Supp. V 1993)
54. See, e.g., 7 U.S.C. § 6504 (Supp. V
1993). "To be sold or labeled as an organically produced agricultural product under
this chapter, an agricultural product shall . . . have been produced and handled
without the use of synthetic chemicals." 7 U.S.C. § 6504(1) (Supp. V 1993)
(emphasis added).
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