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| Winter 1995 |
ORGANIC FOOD PRODUCTION ACT
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337 |
Any organic grower now using a synthetic material or
a "botanical" pesticide must realize these practices are very likely not
consistent with the law and/or organic practices since this law depends heavily on the
clearly stated and recurring (repeated no less than seven times) consistency concept.59
The OFPA must be taken and interpreted in its entirety, and rules must
be promulgated with internal consistency. Nothing can be interpreted out of context as the
NOSB Processing, Handling, and Labeling (PHL) Committee is attempting to do with
subsections 6517(c)(1) (A)(ii) 6517(c)(1)(B)(iii).60
There is a debate over allowing the use of non-organic ingredients in
"organic" products is quite puzzling. It seems clear that the law does not
allow, either in its spirit or letter, for any such adulteration.61 For
example, section 6510(a)(1) prohibits a certified
59.
Consistency sections include: 7 U.S.C. § 6507(b)(2)(B) (Supp. V 1993) ("additional
requirements . . . shall . . . not be inconsistent with this chapter"); 7 U.S.C. §
6508(a) (Supp. V 1993) (producers on certified farms "shall not apply materials to or
engage in practices on, seeds or seedlings that are contrary to, or inconsistent with, the
applicable organic certification program"); 7 U.S.C. § 6512 (Supp. V 1993) ("If
a production or handling practice is not prohibited or otherwise restricted under this
chapter, such practice shall be permitted unless it is determined that such practice would
be inconsistent with the applicable organic certification program."). Compatibility
sections include: 7 U.S.C. § 6513(g) ("An organic plan shall not include any
production or handling practices that are inconsistent with this chapter."); 7 U.S.C.
§ 6517(c)(1)(A)(iii) ("The National List may provide for the use of substances . . .
only if . . . the use of such substances . . . is consistent with organic farming and
handling . . . "); 7 U.S.C. § 6517(c)(2)(A)(ii) ("The National List may
prohibit the use of specific natural substances . . . only if . . . the use of such
substances. . . is inconsistent with organic farming or handling, and the purposes of this
chapter . . . ."); 7 U.S.C. § 6518(m) reads :
- Evaluation
In evaluating substances considered for inclusion in the proposed
National List ot proposed amendment to the National List, the Board shall 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.
60. 7 U.S.C. §
6517(c)(1)(A)(ii), 6517(c)(1)(B)(iii) (Supp. V 1993).
61. See, e.g., 7 U.S.C. § 6504 (Supp. V
1993). Section 6504 requires a product sold or labeled as "organic" to
"have been produced and handled without the use of synthetic chemicals." 7
U.S.C. § 6504(1) (Supp. V 1993). It further requires that such a product "not be
produced on land to which any prohibited substances, including synthetic chemicals, have
been applied during the 3 years immediately preceding the harvest of the agricultural
products." 7 U.S.C. § 6504(2) (Supp. V 1993).
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