Congress Revisits Original OFPA Standards

WASHINGTON—Congress amended the Organic Foods Production Act (OFPA) to continue to allow the use of certain synthetic materials and other ingredients in food products certified “USDA Organic”. The legislation was considered a victory by the Organic Trade Association (OTA), which had lobbied for the changes to OFPA; however, various organizations, including the Organic Consumers Association (OCA), are publicly opposing the rider.

OTA said Congress re-evaluated the use of non-agricultural compounds such as baking powder in organic foods following a June 2005 court ruling that the use of synthetic ingredients in organic products is not allowed under OFPA. According to OTA, the court decision threatened the livelihood of both large and small organic companies and farms. OTA asked Congress to amend OFPA to allow the continued use of specific synthetic materials in post-harvest handling and processing, and to include provisions for dairies converting to organic production. Congress quickly approved the proposed changes to the act.

“We want to thank Congress for responding so promptly for our request for clarification,” said Katherine DiMatteo, executive director of OTA.“We took this approach because we honor the public rulemaking process that created the national organic standards that have been in place since October 2002. If Congress had not acted, many of the organic products consumers know and love would have disappeared.”

In a released statement, OCA, Beyond Pesticides, National Campaign for Sustainable Agriculture and other organizations argued the new ruling “weakens” U.S. organic food standards, accusing Congress of “ramming through OTA’s sneak attack” to appease major food processors in the organic food industry.

The OFPA clarifications include: allowances for food additives and processing aids, including 500 food contact substances, without public review; permission for continued antibiotic treatment and genetically engineered feeding of young cows prior to their conversion to organic production; and alllowance of loopholes that emergency substitution of non-organic ingredients for organic ingredients without public notification.

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