Rumblings over a new USDA policy about which synthetic (non-organic) materials can be used in organic agriculture sparked heated blowback on legal and political fronts during a four-day meeting late last month of the National Organic Standards Board (NOSB) in Texas. Those against the new policy believe it could make it more difficult for the NOSB to phase out allowable synthetic and non-organic materials from organic foods and therefore weaken organic standards.
recent National Organic Standards Board meeting in San Antonio, TX.
But Miles McEvoy, deputy administrator of USDA’s National Organic Program, who sent out the memo about the new “sunset” policy, said in an email to Food Safety News that the reforms protect organic farmers and consumers by ensuring that any changes to organic rules, including adding items to the list of approved synthetic materials, are only made with the support of a strong majority of the board.
“We are also increasing public engagement and transparency with more opportunity for public comment,” he said. “We believe providing greater authority to the citizen advisory board and increasing public input are positive changes. USDA strongly supports organic agriculture, and is responsible for establishing a level playing field for all organic farms and businesses. Public participation and comments are vital to USDA’s work in organics. We encourage all members of the public to take part in future formal comment opportunities.”
Under the “next steps” listed in his memo is a bulleted item stating that streamlining the process involved in the “sunset process” should be continued.
OTA’s Batcha said this streamlining will free up staff to put more effort into other areas of concern to organic consumers such as animal welfare and enforcement.
“Consumers’ perspectives move quickly and the regulations also need to move quickly,” she said.
The new policy (“Sunset” Review of the National List of Allowed and Prohibited Substances) was put up on the Federal Register on Sept. 13, 2013, for public inspection and replaces the March 4, 2010, memorandum from the National Organic Program to the NOSB regarding the “sunset process.”
What about the list? So what are some of the non-organic materials on the list? And what does this have to do with food safety? One of them is as benign as baking powder. It’s there simply because there is no organic substitute for it. But some others have raised controversy, with petitions against their use attracting tens of thousands of signatures or more. One of these is carrageenan, which is used as a thickener and emulsifier in products such as ice cream and nut milks. The controversy stems from some studies that say it may be harmful to the intestinal tract; other studies dispute that. OCA’s petition to remove it from the National List has been signed by 15,050 organic consumers. Another is methione, a synthetic feed additive that provides an essential amino acid needed by fast-growing chickens, which OCA says don’t have access to pasture and are being raised on a nutrition-poor diet of corn and soy. OCA’s petition demanding real outdoor access for organic chickens has been signed by 36,947 organic consumers. During the recent NOSB meeting, some producers wanted to see the allowable amount increased that would be fed to chickens during certain stages of their growth, but the board chose not to vote on it. Also on the National List are synthetic nutrient vitamins and minerals and also sausage casings from the intestines of non-organic animals, which opponents say are likely produced on “factory farms.” USDA provides information here about the National List sunset dates. Some good news on antibiotics A significant move during the recent NOSB meeting came when members agreed not to extend the sunset deadline for ending use of the antibiotic streptomycin, which is used to control fire blight, a potentially devastating disease that can hit apple and pear orchards. Instead, the board voted in favor of the Oct. 21, 2014, expiration date.
Members went one step further and chose to stop the use of all antibiotics in organic agriculture. “USDA Organic is now 100-percent antibiotic-free!” states an article on the Organic Consumers Association’s website.
Politicians weigh in U.S. Sen. Patrick Leahy (D-VT) and U.S. Rep. Peter DeFazio (D-OR), in their April 24 letter to USDA Secretary Vilsack, described the new sunset policy as “a conflict with both the letter and intent of the statute (the Organic Food Production Act).” The letter also decries that “such a substantive policy was made without the benefit of full notice and comment.” According to the letter, the new policy “turns the sunset policy of the Organic Foods Production Act on its head” and “is counter to the key principals of public involvement and oversight in the organic certification process as well as adhering to the highest standards possible for organic food production.” The two senators urged Vilsack to reverse this policy change and add this suggestion. “. . . if, after consulting with Congress and the full spectrum of the affected organic community, you still believe this change is necessary, we strongly recommend that you use the full notice and common rulemaking procedures to do so.” As of May 11, Vilsack had not yet replied to the letter.
But, in an email to Food Safety News, McEvoy of USDA said that while the agency does not intend to revisit the new process, it has taken steps to notify various congressional offices about these changes.
“We have taken into account concerns raised by this process, and we are working on clearing up misinformation and educating consumers and organic stakeholders on this issue,” echoed Sam Jones-Ellard, public affairs specialist with USDA’s Agricultural Marketing Service.