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| 336 |
UNIVERSITY OF TOLEDO LAW REVIEW
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Vol. 26 |
- Resisting a Clear National List Process
The NOSB and the U.S. Department of Agriculture staff for the NOPP
have attempted, despite minority resistance, to put forth an unreviewed "National
List" of permitted synthetics in clear violation of the OFPA’s requirement to
put these materials through the required process for exemption.55
All materials must meet all three criteria in section 6517(c)(1)56
and all seven in section 6518(m),57 and they must have
specified uses or applications for all exemptions, not just blankets as permitted for any
purpose.58
55. 7 U.S.C. § 6502(12)
(Supp. V 1993). "The term "National List" means a list of approved and
prohibited substances as provided for in section 6517 of this title." Id. In
establishing the National List, the board is required to:
- review available information from the Environmental Protection Agency, the National
Institute of Environmental Health Studies, and such other sources as appropriate,
concerning the potential for adverse human and environmental effects of substances
considered for inclusion in the proposed National List;
- work with manufacturers of substances considered for inclusion in the proposed National
List to obtain a complete list of ingredients and determine whether such substances
contain inert materials that are synthetically produced; and
- submit to the Secretary, along with the proposed National List or any proposed
amendments to such list, the results of the Board’s evaluation and the evaluation of
the technical advisory panel of all substances considered for inclusion in the National
List.
7 U.S.C. § 6518(l) (Supp. V 1993). See 7 U.S.C. §
6517(d) (Supp. V 1993) (describing the procedure for establishing the National List).
56. 7 U.S.C. § 6517(c) (Supp. V 1993).
57. 7 U.S.C. § 6518(m)(1)-(7) (Supp. V 1993).
Section 6518(m) requires the board to consider:
- the potential of such substances for detrimental chemical interactions with other
materials used in organic farming system;
- the toxicity and mode of action of the substance and of its breakdown products or any
contaminants, and their persistence and areas of concentration in the environment;
- the probability of environmental contamination during manufacture, use, misuse, or
disposal of such substance;
- the effect of the substance on human health;
- the effects of the substance on biological and chemical interactions in the
agroecosystem including the physiological effects of the substance on soil organisms
(including the salt index and solubility of soil), crops, and livestock;
- the alternatives to using the substance in terms of practices or other available
materials; and
- its compatibility with a system of sustainable agriculture.
Id.
7 U.S.C. § 6517(b) (Supp. V 1993).
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