Some Specific Problems in the New USDA Proposed
Regulations on Organic Standards-by Jim Riddle
USDA Proposed Rule - What are some issues of concern?

Compiled by James A. Riddle, Organic Independents/Organicworks!

Rt. 3 Box 162C, Winona, MN, 55987, Ph/fax: 507-454-8310.
Released March 20, 2000.

Despite major improvements in the proposed rule, there are a number of
issues of concern, where comments are needed to create a National Organic
Program which meets the needs and expectations of organic farmers and
consumers. Among them are the following:
Subpart A - Definitions. Does not provide a definition of "organic
agriculture," or contain a statement of "Principles of Organic Production."
Definition of "system of organic production and handling" is inadequate.

Subpart A - Definitions. Genetically Manipulated Organisms (GMO s) are
defined by a new term "excluded methods" - see preamble discussion.
"Excluded methods" needs to cover products and derivatives of GMO s, and
needs to be directly linked to the definition of "prohibited substances."

Subpart A - Definitions. Terms defined, including "audit trail," "buffer
zone," "compost," "fertilizer," and "inert ingredient," need to be
carefully assessed for accuracy and applicability.

Subpart B - Applicability. No transitional labels are defined or recognized.

Subpart B - Applicability. 205.101(a)(1). The $5000 small farm exemption,
which under OFPA applied to total farm sales, is extended to include
"organic sales" and handling sales.

Subpart B - Applicability. 205.101(b)(1). Brokers, distributors,
warehousers, and transporters are exempt from certification.

Subpart B - Applicability. 205.101(b)(2). Retail operations, including
those with delicatessens, salad bars, bakeries, and juice bars, are exempt
from certification.

Subpart B - Applicability. No oversight or certification is required for
operations using the word "organic" in the ingredient list only. (<50%
organic ingredients.)

Subpart C - Production and Handling. 205.202. Split operations, including
those with parallel production, are allowed with no restrictions or
additional considerations.

Subpart C - Production and Handling. 205.203(c)(1). No restrictions on the
quality, quantity, or potential contaminants in manure from "factory farms"
or industrial agriculture operations. (contrary to Codex and EU
requirements.)

Subpart C - Production and Handling. 205.203(c)(3). Requires compost to be
produced in compliance with NRCS compost practice standard code 317, which
may be inappropriate, unreasonable, and inadvertently prohibit
vermicomposting.

Subpart C - Production and Handling. 205.203(d)(2). Allows use of Chilean
nitrate and potassium chloride. (contrary to EU requirements.)

Subpart C - Production and Handling. 205.204(a)(2). Seed treatments are
only allowed if they are on the National List, yet none are listed, meaning
that the use of treated seeds will be prohibited.

Subpart C - Production and Handling. 205.236(a)(2). Contains no allowance
for new herd dairy clause, seriously inhibiting the ability of small dairy
farms to convert to organic production.

Subpart C - Production and Handling. 205.238(b)(1). Breeder stock could
receive parasiticides while lactating.

Subpart C - Production and Handling. 205.238(c)(1). Antibiotics are
prohibited, but antibiotics in vaccines and semen are not addressed.

Subpart C - Production and Handling. Stocking rates and space requirements
per animal are not addressed. Buffers for pastures are not addressed.

Subpart C - Production and Handling. Concept of "commercially available" is
applied to organic seeds only - not applied to minor ingredients,
processing aids, or livestock inputs.

Subpart D - Labeling. Products with <50% organic ingredients could contain
non-organic ingredients from "excluded methods" or produced using
prohibited materials.

Subpart D - Labeling. 205.203. Does not address use of the word "organic"
as a modifier in a product name when the ingredient modified is not organic
- e.g. "organic cherry sweets", where the cherry is a natural flavor, but
not an organic ingredient.

Subpart D - Labeling. 205.301. Product composition. Requires that
non-organic ingredients must not contain or be created using excluded
methods, sewage sludge, or ionizing radiation. This places new burdens on
manufacturers, inspectors, and certifying agents.

Subpart D - Labeling. 205.310. Design of seal "USDA Certified Organic"
implies certification by USDA, which may violate ISO Guide 61, section
2.4.2, which prohibits the accreditation body s mark from being used to
imply certification. Should be changed to "Certified Organic USDA
Accredited."

Subpart F - Accreditation. 205.500(c). Foreign equivalency deals only
government to government - no provisions are made for recognition of
certifiers not under a government program or accredited by the USDA.

Subpart F - Accreditation. 205.501 (a)(11). Measures conflict of interest
on a 12 month period. The commonly accepted organic industry standard for
conflict of interest is a 24 month period.

Subpart F - Accreditation. 205.501(a)(12). New section needs to be inserted
requiring certifying agents to provide certification services to all
applicants who comply with USDA regulations. Language also needed requiring
certifying agents to provide non-discriminatory services.

Subpart F - Accreditation. 205.501(a)(12). Requires certifier to accept the
certification decisions of all other USDA-accredited certifiers

Subpart F - Accreditation. 205.501(b)(2). Needs to integrate allowance for
"contract specifications" in order for certifying agents to be able to
maintain and control their licensed trademarks.

Subpart F - Accreditation. 205.209. Peer review is weak - peer review "may"
be used; reviewers act as individuals; reviewers are prohibited from being
compensated.

Subpart F - Accreditation. 205.510(c)(1). Evaluation of certifying agents
occurs once every five years - may not be compliant with international
norms. (ISO Guide 61, section 3.5.1.)

Subpart F - Accreditation. 205.501(c)(2). An accredited certifier must
provide "reasonable security" to the USDA. This amount is unspecified and
its affordability is of concern.

Subpart F - Accreditation. 205.508(b). "An initial site evaluation of an
accreditation applicant shall be conducted before or within a reasonable
period of time after issuance of the applicant's notification of
accreditation. " The practice of conducting the site visit after
accrediting a certifying agent may violate ISO Guide 61, section 2.3.1.

Subpart G - Administrative. National List. Does not contain NOSB criteria
to evaluate materials. Should be inserted per each National List section or
at 205.607, "Amending the National List."

Subpart G - Administrative. State Programs. 205.620. Confuses "State
organic certification programs" and "State organic programs." e.g.: States
can have additional requirements, and take enforcement actions, without
establishing certification programs - this is not clear in the text.

Subpart G - Administrative. Compliance. 205.660. Does not address
investigation of non-certified operations making "organic" claims.

Subpart G - Administrative. Compliance. 205.662(e). No penalties are
assigned other than suspension and de-certification.

Subpart G - Administrative. Compliance. Funding for investigation and
enforcement action is not addressed.

Subpart G - Administrative. Inspection and Testing. 205.670(b) states that
residue tests must be conducted at the certifier s "own expense".

Subpart G - Administrative. Inspection and Testing. 205.671 sets maximum
allowable residue levels at "estimated national mean" without providing
information on what those levels are.

Subpart G - Administrative. Inspection and Testing. Provides no protection
of organic producers from chemical or genetic trespass; liability for
damages is not addressed.

Subpart G - Administrative. Inspection and Testing. Does not set or propose
any rejection levels for GMO contamination.