|
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
| |
| 330 |
UNIVERSITY OF TOLEDO LAW REVIEW
|
Vol.26 |
and renders it vulnerable to unwise or contrary appointments to the
board.31 Another unique feature of the statute is its
exceptional dependence on public input that is actually sought, not just tolerated, by the
NOSB and the U.S. Department of Agriculture National Organic Production Program (NOPP).32
In enacting the statute, legislators33
expected that the NOSB would shift from a (FIFRA-based) conventional agriculture paradigm
and promulgate rules under the act using an unnecessary-risk, minimal-input, high
standard.34 Further, legislators expected the NOSB would
accomplish this task by seeking out practitioners who did not use questionable inputs
instead of codifying past lists of permitted inputs from every known certifier in the
world.35
The NOSB "shall be composed of 15 members, of
which—"
- Four shall be individuals who own or operate an organic farming operation;
- Two shall be individuals who own or operate an organic handling operation;
- One shall be an individual who owns or operates a retail establishment with significant
trade in organic products;
- Three shall be individuals with expertise in areas of environmental protection and
resource conservation;
- Three shall be individuals who represent public interest or consumer interest groups;
- One shall be an individual with expertise in the fields of toxicology, ecology, or
biochemistry and
- One shall be an individual who is a certifying agent as identified under section 6515 of
this title.
7 U.S.C. § 6518(b)(1)-(7) (Supp. V 1993).
32. See, e.g., 7 U.S.C. § 6509(g) (Supp. V
1993) ("The Secretary shall hold public hearings and shall develop detailed
regulations, with notice and public comment, to guide the implementation of the standards
for livestock products provided under this section."). See also7 U.S.C. §
6517(d)(4) (Supp. V 1993). Subsection 6517(d)(4) provides for notice and comment:
"Before establishing the National List or before making any amendments to the
National List, the Secretary shall publish the Proposed National List or any Proposed
Amendments to the National List in the Federal Register and seek public comment on such
proposals." Id. The OFPA describes the NOPP, requiring "the Secretary
[to] establish an organic certification program for producers and handlers of agricultural
products that have been produced using organic methods as provided for in this
chapter." 7 U.S.C. § 6503(a) (Supp. V 1993). Section 6503(b) provides for the
"State program" and requires the secretary to "permit each State to
implement a State organic certification program for producers and handlers of agricultural
products that have been produced using organic methods as provided for in this
chapter." 7 U.S.C. § 6503(b) (Supp. V 1993).
33. See S. REP. NO. 357, 101st
Cong., 2d Sess. 289, 298-99 (1990), reprinted in 1990 U.S.C.C.A.N. 4656, 4952-53.
34. S. REP. NO. 357, 101st Cong., 2d Sess
289, 292 (1990).
35. The statute repeatedly implores reliance on the
concept of alternatives for questionable inputs. See, e.g., 7 U.S.C. §§ 6504(1),
6508(b)(1), 6510(a)(1), 6517(c)(1)(A)(ii), 6517(d)(2) and 6518(m)(6) (Supp. V 1993).
|