Lawsuit Against USDA Compost Policy Allowed to Continue

Written by Tyler R. Etter

On September 29, 2015, a California federal court denied the USDA’s motion to dismiss the lawsuit
brought by the Center for Food Safety, Center for Environmental Health, and Beyond Pesticides. The
lawsuit is challenging a USDA guidance that recognized the presence of synthetic pesticides in compost
used for organic food productions.

The plaintiffs asserted that the USDA guidance effectively allows certified organic producers to use
compost materials treated with synthetic pesticides, amending existing organic food regulations. They
also argued that the guidance violates the produces for public notice and comment, as the guidance was
issued without an opportunity for public input. The USDA argued the requirement did not apply, as the
guidance was not a legislative rule. Magistrate Judge Jacqueline Scott Corley found merit in the
plaintiffs’ arguments, specifically within the context of the premium paid by consumers and farmers to
ensure that organic produce avoids synthetic pesticides.

Prior to the release of the guidance, synthetic substances were expressly prohibited from compost used
in organic food production. Ralph Bloemers, attorney for the Crag Law Center, stated that the guidance
“radically changes organic requirements...” and that the USDA “made the change without the required
rulemaking process.”

Proponents of the lawsuit are calling the denial of the motion to dismiss a major victory for public input
in the organic policy process, and believe that the USDA must facilitate public input to ensure the
integrity of the process.

Almond Board of California Approves New Pasteurizing Process

Written by Tyler R. Etter

In August of 2015, the Almond Board of California’s Technical Expert Review Panel approved a new chemical-free pasteurization process to eliminate pathogens such as salmonella. The process was created by RF Biocidics for the Ready Roast Nut Company.

The need for pasteurization of almonds arose with outbreaks of salmonella in the years of 2001 and 2004 from unpasteurized almonds. However, the current chemical process using propylene oxide cannot be used for organic almonds. The CEO of RF Biocidics considers the process to be a breakthrough not only for the company, but also for the industry as a whole, due to the non-chemical nature of the process.

Traditionally the pasteurization process has used steam treatments or chemical processes such as propylene oxide usage, but these processes can impact the nutritional qualities of the product. The APEX system designed by RF Biocidics uses a process called “volumetric heating” that utilizes radio waves to increase the metabolism of the cells, killing bacteria, molds, and other pests and pathogens.

The APEX machines start at $1 million, with a base processing level of 2,000 to 3,000 pounds per hour.

USDA Issues New Rule Regarding Organic Agriculture

On November 8, 2011, the United States Department of Agriculture published a new rule aimed at addressing the use of tetracycline, formic acid and attapulgite in organic agriculture. According to the USDA press release, the proposed rule embodies many of the recommendations made by an independent body known as the National Organic Standards Board, which advises the Secretary of Agriculture on organic regulations. Comments on the proposed rule will be accepted until January 9, 2012.

Click here to read the USDA press release

Click here to read the entire proposed rule

Written by Andy Schwabenbauer, Research Fellow
November 28, 2011

U.S. Department of Agriculture Warns of Fraudulent National Organic Program Certificate

The USDA is warning organic distributors of the circulation of a fraudulent organic certificate that artificially represents certain products as certified under the National Organic Program (NOP) regulations. Use of false documents to label, market, or sell non-organic agricultural products as certified organic is in violation of the Organic Foods Production Act of 1990 and subject to civil penalties of up to $11,000 per violation. The fraud was brought to the NOP's attention by the France-based USDA-accredited organic certifier who is falsely attributed as the certificate's issuer. Investigation produced no evidence that any product was sold under the fraudulent certificate in the United States.

See the fraudulent organic certificate here.
Read the USDA Press Release here.

Written/Posted by Tanya J. Cramoy, Research Assistant

National Organic Program Publishes Final Rule on Continuation of Substances Allowed in Organic Production and Handling

Photo Courtesy of Dreamstime.com

On August 3, 2011, The National Organic Standards Board, under sunset provisions of the Organic Foods Production Act of 1990, reviewed the National List of Allowed and Prohibited Substances in organic production and handling. The review is required to ensure sustainable agriculture practices, minimize harm to humans and the environment, and to determine how essential the substances are to organic production in light of biologically-based alternatives. The Board published a final rule, effective Sept. 12, 2011, continuing the use of certain synthetic and non-synthetic substances on organic agriculture including ferric phosphate, activated charcoal, egg white lysozome, and food-grade microorganisms. For the complete list, please see the National Organic Program; Sunset Review Final Rule.

Additionally, you may access the News Release from the USDA, Agricultural Marketing Service.

Written/Posted by Tanya J. Cramoy, Research Assistant