These are the Organic Farmers Marketing Association's public policy position
on the following Committee "Draft Recommendation". We strongly encourage
everyone to review the "Draft Recommendation," consider OFMA's comments and
please direct your comments to USDA.
OFMA Communication/Telecommunication Committee
Respond by:
Email to: toni-strother@usda.gov
Postal mail to: USDA/AMS/TMD/NOP, POB 96456, Rm. 2510, S. Bldg., Washington
20090-6456
Or Fax to: 202-205-7808
20 January 1999
To: National Organic Standards Board
Interdisciplinary Taskforce on Processing and Materials Criteria
From: The Organic Farmers Marketing Association (OFMA)
OFMA hereby responds to the NOSB's Interdisciplinary Taskforce on Processing
and Materials Criteria
REQUEST FOR COMMENT dated 10/28/98
CRITERIA FOR THE ACCEPTANCE OF MATERIALS USED IN PROCESSING
OFMA continues to utilize the Organic Foods Production Act as the lawful
benchmark for creating uniform US standards for organic production and
handling.
The association believes that consumers will continue to trust the organic
label based on the integrity and transparent nature of the organic farming
system described in the authorizing legislation. The OFPA is a comprehensive
authoritative guideline, which cannot be altered through the regulatory
creation of additional criteria or definitions.
Our analysis has determined that The Interdisciplinary Task Force's proposal
would allow the creation of a new category of substances on the National List.
Neither the NOSB nor the Secretary can create a new category of substance to
be allowed for use in processed foods labeled and sold as "organically
produced."
The proposed criteria are as follows:
A SYNTHETIC PROCESSING AID OR ADJUVANT may be used if;
1. An equivalent substance cannot be produced from a natural source and
has no substitutes that are organic ingredients.
2. Its manufacture, use and disposal does not contaminate the
environment.
3. If the nutritional quality of the food is maintained and the material
itself or its breakdown products do not have any adverse effect on human
health.
4. It is not a preservative or used only to recreate/improve flavors,
colors, textures, or nutritive value lost during processing except in the
latter case as required by law.
5. It is Generally Recognized as Safe (GRAS) by FDA when used in
accordance with Good Manufacturing Practices (GMP), and contains no
residues of heavy metals or other contaminants in excess of (5%) of the
tolerances established by FDA.
6. It is compatible with the principles of organic handling.
AND
7. There is no other way to produce a similar product without its use
and it is used in the minimum quantity required to achieve the process.
Note: The Taskforce considered having as an additional criterion that the
substance not be a product of Genetic Engineering. It was decided,
however, that such a prohibition should apply to all substances used in the
production and processing of organic food and hence would be covered
elsewhere in the rules.
OFMA COMMENT: Creating a new category of substances and using new review
criteria are not allowed under the authorizing legislation. The secretary may
only add to the national list those materials that follow the protocol
outlined in Section 2118 of the OFPA. Similarly, those materials must be
petitioned for individually, " by specific use or application of each
synthetic substance permitted," to the NOSB. It is the NOSB's responsibility
to follow those procedures.
2118 NATIONAL LIST.
(a) IN GENERAL. The Secretary shall establish a National List of approved and
prohibited substances that shall be included in the standards for organic
production and handling established under this title in order for such
products to be sold or labeled as organically produced under this title.
(b) CONTENT OF LIST. The list established under subsection (a) shall contain
an itemization, by specific use or application, of each synthetic substance
permitted under subsection (c) (1) or each natural substance prohibited under
subsection (c)(2).
(c) GUIDELINES FOR PROHIBITIONS OR EXEMPTIONS. (1 ) EXEMPTION FOR PROHIBITED
SUBSTANCES. The National List may provide for the use of substances in an
organic farming or handling operation that are otherwise prohibited
under this title only if
(A) the Secretary determines, in consultation with the Secretary of Health and
Human Services and the Administrator of the Environmental Protection Agency,
that the use of such substances
(i) would not be harmful to human health or the environment;
(ii) is necessary to the production or handling of the agricultural product
because of unavailability of wholly natural substitute products; and
(iii) is consistent with organic farming and handling;
(B.) the substance
(i) is used in production and contains an active synthetic ingredient in the
following categories: copper and sulfur compounds; toxins derived from
bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed,
vitamins and minerals; livestock parasiticides and medicines and production
aids including netting, tree wraps and seals, insect traps, sticky barriers,
row covers, and equipment cleansers;
(ii) is used in production and contains synthetic inert ingredients that are
not classified by the Administrator of the Environmental Protection Agency as
inerts of toxicological concern; or
(iii) is used in handling and is non-synthetic but is not organically
produced; and
(C) the specific exemption is developed using the procedures described in
subsection (d).
(2) PROHIBITION ON THE USE OF SPECIFIC NATURAL SUBSTANCES. The National List
may prohibit the use of specific natural substances in an organic farming or
handling operation that are otherwise allowed under this title only if
(A) the Secretary determines, in consultation with the Secretary of Health
and Human Services and the Administrator of the Environmental Protection
Agency, that the use of such substances
(i) would be harmful to human health or the environment; and
(ii) is inconsistent with organic farming or handling, and the purposes of
this title; and
(B) the specific prohibition is developed using the procedures specified in
subsection (d).
(d) PROCEDURE FOR ESTABLISHING NATIONAL LIST.
(1 ) IN GENERAL. The National List established by the Secretary shall be
based upon a proposed national list or proposed amendments to the National
List developed by the National Organic Standards Board.
(2) NO ADDITIONS. The Secretary may not include exemptions for the use of
specific synthetic substances in the National List other than those exemptions
contained in the Proposed National List or Proposed Amendments to the National
List.
(3) PROHIBITED SUBSTANCES. In no instance shall the National List include any
substance, the presence of which in food has been prohibited by Federal
regulatory action.
OFMA comments:
For a product to be labeled "organically Produced" it must have been produced
strictly in conformance to OFPA, using materials or substances that have been
placed on the National List by the USDA Secretary, based on NOSB
recommendations, when the required protocol has been followed.
The OFPA language and intent mandates three descriptive categories of consumer
labeling to identify products produced on certified organic farms.
Implementation of OFPA must conform to the Act. Therefore, provisions already
have been created for organically produced ingredients to be used in a final,
processed product when unacceptable materials or substances have been used to
manufacture it.
Category 1: "Organically Produced"
Is the 95/5 category or requiring a processed food to be 95% of the dry weight
minus salt produced on certified organic farms with up to 5% possible of the
processed food content being composed of non-synthetic, but not organically
produced substances petitioned, reviewed and included on the USDA's National
List of exempted substances. When such a product is handled by a certified
organic handling operation, such product may be labeled as "organically
produced."
Section 2103: (14) ORGANICALLY PRODUCED. The term "organically produced"
means an agricultural product that is produced and handled in accordance with
this title.
Reference Section 2105 and: §2106 COMPLIANCE REQUIREMENTS.
(a) DOMESTIC PRODUCTS.
(1) IN GENERAL. On or after October 1, 1993
(A) a person may sell or label an agricultural product as organically produced
only if such product is produced and handled in accordance with this title;
and
(B) no person may affix a label to, or provide other market information
concerning, an agricultural product if such label or information implies,
directly or indirectly, that such product is produced and handled using
organic methods, except in accordance with this title.
Consistent to OFPA, no synthetic substance can contact or be an ingredient in
a processed product sold and labeled as "organically produced."
References: For a product to be labeled as "organically produced" the handling
operation must meet the following OFPA mandated requirements:
§2107 GENERAL REQUIREMENTS.
(a) IN GENERAL. A program established under this title shall
(1) provide that an agricultural product to be sold or labeled as organically
produced must
(A) be produced only on certified organic farms and handled only through
certified
organic handling operations in accordance with this title; and
(B.) be produced and handled in accordance with such program.
And:
§2111 HANDLING.
(a) IN GENERAL. For a handling operation to be certified under this title,
each person on such handling operation shall not, with respect to any
agricultural product covered by this title
(1) add any synthetic ingredient during the processing or any post harvest
handling of the product;
(2) add any ingredient known to contain levels of nitrates, heavy metals, or
toxic residues in excess of those permitted by the applicable organic
certification program;
(3) add any sulfites, nitrates, or nitrites;
(4) add any ingredients that are not organically produced in accordance with
this title and the applicable organic certification program, unless such
ingredients are included on the National List and represent not more than 5
percent of the weight of the total finished product (excluding salt and
water);
(5) use any packaging materials, storage containers or bins that contain
synthetic fungicides, preservatives or fumigants;
(6) use any bag or container that had previously been in contact with any
substance in such a manner as to compromise the organic quality of such
product; or
(7) use, in such product water that does not meet all Safe Drinking Water Act
requirements.
(b) MEAT. For a farm or handling operation to be organically certified under
this title, producers on such farm or persons on such handling operation shall
ensure that organically produced meat does not come in contact with
nonorganically produced meat.
In contrast to these strict requirements cemented in OFPA, encouragement was
provided for processors to use "organically produced" products and label their
products "made with organic ingredients." Such use that might include contact
with or inclusion of synthetic substances, and might include ingredients or
substances that were not included on the National List can be labeled as "made
with organic ingredients." Category 1 and 2 labeling exempts the processor,
the handling operation, from all other requirements of the Organic Foods
Production Act.
Category 2: "Made with Organic Ingredient"
Is an exemption for processed food stating:
Subsection (a) of Section 2106 shall not apply to agricultural products that
contain at least 50 percent organically produced ingredients by weight,
excluding water and salt, to the extent that the Secretary, in consultation
with the National Organic Standards Board and the Secretary of Health and
Human Services, has determined to permit the word "organic" to be used on the
principal display panel of such products only for the purpose of describing
the organically produced ingredients; or
Category 3: "Made with Organic Ingredient"
Is an exemption for processed food stating:
Subsection (a) of Section 2106 shall not apply to agricultural products that
contain less than 50 percent organically produced ingredients by weight,
excluding water and salt, to the extent that the Secretary, in consultation
with the National Organic Standards Board and the Secretary of Health and
Human Services, has determined to permit the word "organic" to appear on the
ingredient listing panel to describe those ingredients that are organically
produced in accordance with this title.
Reference §2106 COMPLIANCE REQUIREMENTS. (c), (1) and (2) for Category 1 and 2
labeling as noted above.
In conclusion, if the NOSB has in the past recommended materials or substances
for inclusion on the National List that are now understood to be unacceptable
according to OFPA, then those materials and substances should be removed from
that proposed list. OFMA has determined that any unlawful alteration of the
authorizing legislation creates an injurious precedent which will harm the
integrity of the organic label, provoke confusion in the marketplace, and be a
disservice to consumers. We ask the NOSB to reconsider this proposal and not
adopt the Draft Recommendation for a new category of substances and proposed
criteria offered by the Interdisciplinary Taskforce.
Respectfully,
The Board of Directors of the Organic Farmers Marketing Association
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