Do Federal Organic Proposals Measure Up to California’s Rules?
As with any 600-page document, the devil is sure to be in the details, but at first glance the U.S. Department of Agriculture’s proposed rules governing organic foods released Monday compare favorably with the current California regulations, which are among the strictest in the nation.
In fact, in at least one important way, the rules are even stronger, says Diane Bowen, executive director of the California Certified Organic Farmers organization, a group that oversees roughly a third of the state’s organic farmers.
The milestone regulations--the first time the federal government has proposed rules that would unify the patchwork of state laws that currently govern the industry--are open for public comment for 90 days.
And comment there is sure to be, particularly in three troublesome areas that the USDA deliberately left vague: whether to allow genetic engineering, whether to allow irradiation and whether to permit the use of municipal sewage sludge, which can contain such non-organic waste materials as motor oil.
“These are very hot-button issues for buyers of organic products, who do not want them and who came to the National Organic Standards Board meeting and testified to that,” Bowen says. “The [California farmer group] prohibits all three of these practices, as do most, if not all, organic certification programs in the country.”
On the other hand, Tuesday morning, after having spent the night reading the proposed laws, Bowen found much to praise.
“Compared to the current California regulations, it is much more detailed overall, and I would say that in most key points, it is comparable to or provides tighter regulation than the California rules,” Bowen says.
The key points she listed included a similarly tight tolerance level for “unavoidable” chemical residues, similar and in some cases stronger rules for the raising of organic livestock, much more detail on buffer zones between organic and non-organic plots and instructional language describing the importance of soil management and soil building.
“This is at the heart of the organic movement,” Bowen says. “It’s not just ‘no chemicals.’ ”
Perhaps most important, the proposed legislation requires organic certification, spelling out a strict three-year process that must be followed before an organic label can be claimed and promising an active inspection program.
Currently in California, farmers have the choice of being either “registered” or “certified” organic.
Though the requirements for both are similar, certified farmers must submit to oversight that includes not only inspection of farm records but also spot chemical testing and annual site visits. Registered farmers have more of an honor program, with no initial inspection and with follow-up only after complaints.
The USDA’s proposed regulations will allow farmers to sign up by a mail-in program but then will implement stricter oversight.
“We were very concerned that there be oversight from the beginning,” Bowen says. “But the rules do call for annual inspections by an accredited oversight organization, and we applaud that.”
