Why do we need national standards for organic foods?

The lack of a nationwide standard has created confusion for consumers, who have no way of knowing what it really means when a food product is called "organic."

A national standard for organic food will also help our farmers and manufacturers sell organic products in other countries. The lack of a consistent national organic program has limited access to important markets in other countries because of the confusion created by multiple, independent standards. A strong national standard will help to ensure buyers in other countries that all U.S. organic products meet the same standards.

In the absence of a national standard, state and private organizations will have to establish individual programs and standards for certifying organic agricultural products. The lack of consistency between these standards would create problems for farmers and handlers of organic products, particularly if they want to sell their products in states with different standards.

When will the rule be final?

This is the second proposal; the final rule is expected later this year. Comments on this proposal are due in 90 days (after date of publication in the Federal Register). The first proposal was published on December 16, 1997, and generated 275,603 comments, the largest public response to a proposed rule in USDA history.

Does this proposal prohibit use of genetic engineering, sewage sludge and irradiation in organic production?

Yes. This proposal prohibits the use of genetic engineering, sewage sludge and irradiation in the production of all organic foods and ingredients. Nearly all of the comments to the first proposal opposed the use of these technologies in organic production systems.

Will genetic engineering, sewage sludge, or irradiation be allowed in the production of foods that contain both organic and nonorganic ingredients?

No. For products with mostly organic content -- those products where more then half of the ingredients are organic and that have the word "organic" on the main product label -- excluded methods such as sewage sludge and irradiation must not be used in the production of any ingredients. Only those products where less than half of the ingredients are organic, and where the organic ingredients are only identified on the ingredient panel, could contain nonorganic ingredients produced through excluded methods.

What is the size of the organic industry?

The Organic Trade Association recently estimated organic product value has increased from $78 million in 1980 to approximately $4.7 billion in 1998. Organic food sales are estimated to have grown approximately 20 percent per year since 1990. The number of organic farmers is increasing at approximately 12 percent per year. It is estimated that there are currently about 12,200 organic farmers nationwide.

IN VERMONT: There are approximately 200 certified organic farms in Vermont. Ninety of Vermont’s 300 vegetable growers -- as well as more than 110 dairy and maple sugar farms – are certified organic through the Vermont state program. Another two dozen farms are expected to be certified by the state this spring. Vermont’s certified organic farmers and processors grossed $25 million in 1997.

How to tell if a product is really organic?

All food products labeled as organic must meet the national standards. Use of the word organic on the label of any product that does not meet the standards is strictly prohibited.

Consumers can also look for the USDA organic seal, which can only be used on products that have been certified by USDA-approved certifying agents. This seal assures consumers that the maker of the product is part of a rigorous certification program and has been thoroughly reviewed by professional inspectors trained in organic agriculture.

Can states have organic standards that are MORE STRICT strict than the national standard?

Yes. Some states may have unique environmental or other concerns that they believe require extra conditions above the national standard. In those cases, states would apply to USDA to have their special state program approved by the Secretary.

However, no state would be allowed to set up a program that does not at least meet the national standard. And states would not be allowed to use their programs to keep out or otherwise discriminate against organic products made in another state.

Has there been citizen input on this proposal beyond public comments?

Yes. The National Organic Standards Board (NOSB) is a 15-member citizen board that advises the Secretary on all aspects of the National Organic Program, and has special responsibility for development of the National List. Established by the Leahy law in 1990, the NOSB has conducted 19 public meetings across the country to hear from the public before making recommendations to the Secretary on national standards.

What is the National List?

The National List of Allowed and Prohibited Substances (known as the National List) identifies specific substances that may or may not be used in organic production and handling operations. The National List is developed by the NOSB, through consultation with outside experts, and forwarded to the Secretary for approval. The list identifies those synthetic substances, which would otherwise be prohibited, that may be used in organic production based on the recommendations of the NOSB. Only those synthetic substances found on the National List may be used. The National List also identifies those natural substances that may not be used in organic production, as determined by the Secretary based on the NOSB recommendations.

Does this proposal prohibit use of antibiotics in animal production?

Yes. The proposal sets the first comprehensive standards for production of organic animals and meat products. Use of antibiotics would be prohibited in organic livestock production.

The standards also prohibit the routine confinement of animals and require that ruminant animals have access to outdoor land and pasture, although temporary confinement would be allowed under certain, limited circumstances. Animals under organic management must also receive 100 percent organically-grown feed.

Does this proposal prohibit "eco-labeling"?

No, this proposal only regulates use of the term organic on product labels. Other labels would be allowed as long as they are truthful and not misleading and meet general food labeling requirements.

Who needs to be certified?

As a general rule, all organic production and handling operations must be certified. There are some exceptions, including organic operations with less than $5,000 annual sales of organic products. Similarly, organic operations that handle only those products with less than 50% organic content, or that restrict labeling of organic ingredients to the ingredient information panel, do not require certification. Finally, most grocery stores and restaurants (referred to in this proposal as "retail food establishments") do not require certification at this time.

How will USDA ensure that the national standards are applied fairly and consistently by all certifying agents?

Under this proposal, all organic certifying agents, both private and in State organic programs, would have to be accredited by USDA before they could begin to certify organic operations. Accreditation must also be renewed every five years, to ensure that certifying agents continue to meet the highest possible standards.

Are organic foods pesticide free?

No. Organic farmers can use natural pesticides to control weeds and insects and maintain the high quality of organic products that consumers have come to expect. Use of synthetic chemical pesticides, however, is prohibited unless specifically allowed on the National List as recommended by the National Organic Standards Board and approved by the Secretary.

Will organic farmers have to pay fees?

Organic farmers and other organic operations will have to pay fees for organic certification, but will not be charged any fees by USDA. Fees for certification services will be set by the private or State certifying agents. USDA will also review fees charged by certifying agents to ensure that they are reasonable and that they are being applied fairly to all organic operations.

Under this proposal, USDA would only charge fees for accrediting certifying agents. These fees will primarily be based on the actual costs of the accreditation work done by USDA staff, so that certifying agents with smaller and less complex programs will pay lower fees.

How do you treat partially organic foods?

This proposal sets strict labeling standards. If a product is I 00% organic, it can, of course, be labeled as such. A product that is at least 95% organic can be described as, for example, 'organic cereal."

If a cereal, on the other hand, contains between 50 and 95% organic content, it can be described as "cereal made with organic ingredients," and up to three organic ingredients can be listed. Finally, if the food contains less than 50% organic content, the term organic may only appear on the ingredient information panel. These four new labeling categories will provide consumers with much greater information than they have today.