Organic certification for flowers

Courtesy: Organic certification for flowers

The label itself can be used to mislead many customers that food labelled as being organic is safer, healthier and more nutritious. Thus, a product may be labelled organic, but have no significant nutritional value compared to other products.

Erosion of standards

Critics of formal certification also fear an erosion of organic standards. Provided with a legal framework within which to operate, lobbyists can push for amendments and exceptions favorable to large-scale production, resulting in “legally organic” products produced in ways similar to current conventional food. Combined with the fact that organic products are now sold predominantly through high volume distribution channels such as supermarkets, the concern is that the market is evolving to favor the biggest producers, and this could result in the small organic farmer being squeezed out.

In the United States large food companies, have “assumed a powerful role in setting the standards for organic foods.” Many members of standard-setting boards come from large food corporations. As more corporate members have joined, many nonorganic substances have been added to the National List of acceptable ingredients. The United States Congress has also played a role in allowing exceptions to organic food standards. In December 2005, the 2006 agricultural appropriations bill was passed with a rider allowing 38 synthetic ingredients to be used in organic foods, including food colorings, starches, sausage and hot-dog casings, hops, fish oil, chipotle chili pepper, and gelatin; this allowed Anheuser-Busch in 2007 to have its Wild Hop Lager certified organic “even though [it] uses hops grown with chemical fertilizers and sprayed with pesticides.”

The National Organic Program (NOP) is the federal regulatory framework in the United States of America governing organic food. It is also the name of the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) program responsible for administering and enforcing the regulatory framework. The core mission of the NOP is to protect the integrity of the USDA organic seal. The seal is used for products adhering to USDA standards that contain at least 95% organic ingredients.

The Organic Foods Production Act of 1990 (OFPA) required that the USDA develop national standards for organic products, and the final rule establishing the NOP was first published in the Federal Register in 2000 and is codified in the Code of Federal Regulations at 7 CFR 205.

The Organic Foods Production Act of 1990 “requires the Secretary of Agriculture to establish a National List of Allowed and Prohibited Substances which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations.” Under this act, the Secretary of Agriculture promulgated regulations establishing the National Organic Program (NOP) in 2000. It restricts the use of the term “organic” to certified organic producers (excepting growers selling under $5,000 a year, who must still comply and submit to a records audit if requested, but do not have to formally apply). Certification is handled by state, non-profit and private agencies that have been approved by the USDA (see section below).

NOP regulations cover in detail all aspects of food production, processing, delivery and retail sale. Under the NOP, farmers and food processors who wish to use the word organic in reference to their businesses and products, must be certified organic. Producers with annual sales not exceeding US$5,000 are exempted and do not require certification (however, they must still follow NOP standards, including keeping records and submitting to a production audit if requested, and cannot use the term certified organic).

Products labeled “100 percent organic”, “organic”, or “made with organic ingredients” must adhere to the Organic Production and Handling Requirements outlined in the regulation 7 CFR Part 205. A USDA Organic seal identifies raw, fresh, and processed products with at least 95% organic ingredients. A product that has not been certified organic by a USDA-authorized certifying agent may not bear the USDA organic seal. Products containing at least 70 percent organically produced ingredients may include a “Made with Organic” label to specify up to three ingredients or ingredient categories. They can not use the USDA organic seal or represent that the finished product is organic. Misuse of the USDA Organic seal on a product may lead to USDA compliance and enforcement actions, including fines up to $11,000 per violation. Misuse may also lead to the suspension or revocation of the violator’s organic certificate