Open Letter to USDA: Struggle Over Safeguarding Organic Standards is Not Over

An Open Letter to the Secretary of Agriculture

May 27, 2004

By Jim Riddle ­ NOSB Vice Chairman
31762 Wiscoy Ridge Rd
Winona, MN 55987

To: Ann Veneman - USDA Secretary of Agriculture

Dear Secretary Veneman:

The news today that you have rescinded recent Agricultural Marketing Service
(AMS) moves that had undermined the national organic standards is certainly
welcome.

These changes, while couched as clarifications, ran completely counter to
the regulations as written and to the spirit of organics. They would have
done irreparable damage to the USDA certified organic label.

Yet my gratitude is tempered by the knowledge that these problematic actions
by the National Organic Program (NOP) in April were only the most recent ­
and most extreme ­ examples of an unacceptable situation.

The USDA could avoid the further questioning of its ability to administer a
strong organic program simply by following its own rules.

I urge you to take a second necessary step by committing to restore the
integrity of the USDA's organic program. This will require that the NOP
begin to function routinely in good faith in its relationship with the
organic farming community through the National Organic Standards Board
(NOSB), as required by law. Without addressing on-going areas of
non-compliance and non-cooperation, the NOP will not regain the trust that
is critical for the program to succeed. I mention two areas of special
concern below.

Some background: I was appointed to the USDA National Organic Standards
Board (NOSB) in January 2001. Since my appointment, I have tried my best to
be a conscientious advisory board member by making positive contributions to
promote organic agriculture and protect organic principles. We have a
limited ­ but a strong and clear ­ mandate under the Organic Foods
Production Act of 1990 (OFPA) to shape the National Organic Program (NOP).

When I first came onto the NOSB, the position of board secretary was
unfilled. I offered to serve in that capacity, and was unanimously elected
secretary at my first meeting. I made sure that minutes of Board and
Executive Committee meetings were recorded and promptly posted for public
review. I have since been elected vice-chair, and continue to serve in that
capacity.

I currently serve on the Livestock, Policy Development, and Accreditation
committees. I have chaired three NOSB task forces, addressing issues such as
apiculture, chlorine use, and "commercial availability." We developed
timely, focused, and inclusive recommendations that were unanimously adopted
by the full Board.

I am the lead author of the Board Policy Manual, which establishes detailed
board policies and procedures. I am also lead author of numerous NOSB
recommendations, including the NOSB Principles of Organic Production and
Handling; Guidance on Minor Non-compliances; Certification of Grower Groups;
International Equivalency; Dairy Replacement Stock; Compatibility with a
System of Sustainable Agriculture; and Organic System Plan templates.

In other areas, I have served since 1991 on the organic advisory task force
of the Minnesota Department of Agriculture (MDA) where we created the first
state Memorandum of Understanding on Organic Agriculture. I have also worked
closely with the USDA's Natural Resource Conservation Service (NRCS) to
train NRCS staff on organic methods.

As part of the NOSB, I take my statutory responsibility to "advise the
Secretary on implementation" of the OFPA seriously. As certifying agency
representative, I have tried at all times to represent the needs and
interests of organic certifiers and inspectors, and to protect the integrity
and authenticity of organic agriculture.

Restoring due process in the two following areas is critical to
re-establishing the authority of the NOSB specifically granted in the OFPA.

1. Input on approval of permitted substances
The USDA has improperly approved the use of substances that are not on the
National List of Allowed and Prohibited Materials.

* A letter sent January 22, 2004, to Christopher Ely of Applegate
Farms allows his company to use sodium lactate and potassium lactate as
preservatives in processed meat products. Neither of these substances is on
the National List, and neither has been reviewed by the NOSB.

* On February 2, 2004, the USDA wrote a letter to David Hiltz,
Acadian Seaplants, Ltd., stating that his company could add phosphoric acid
to sea plant extracts, essentially because the addition of phosphoric acid
is not prohibited under the annotation for aquatic plant extracts on the
National List. The letter did not mention that OFPA, section 6508(b)
prohibits synthetic fertilizers, including synthetic sources of phosphorous.

My reasons for concern: As I'm sure you're aware, the USDA cannot add a
substance to the National List without a recommendation of the NOSB.

Bad process: Despite the fact that Applegate Farms had petitioned to have
the substances reviewed, the USDA ruled that they could be used without
review because they are manufactured from substances that are on the
National List.

Likewise, Acadian Seaplants, Ltd., had petitioned to have phosphoric acid
reviewed by the NOSB, but the USDA did not allow the review to go forward.
Instead, it ruled that use of the substance was allowed without scientific
review, and without a recommendation from the NOSB.

2. Selecting competent technical assistance
As an advisory board, our statutory responsibility over the National List
is unique relative to other such boards within the federal government. We
take that responsibility seriously, and work hard to review petitioned
substances and clearly document our efforts. In order to facilitate our
reviews, OFPA, section 6518(k)(3) states, "the Board shall convene technical
advisory panels to provide scientific evaluation of the materials considered
for inclusion in the National List."

I am obligated to report that at our most recent meeting, April 28-30, 2004,
we had to defer consideration of three petitioned substances due to
inadequate reviews from our technical advisory panel (TAP) contractor. Our
current TAP contract is with the Center for Food and Nutrition (CFN) at
Virginia Tech University.

My reasons for concern: The NOSB has consistently found CFN's technical
reviews to be inadequate, and we have had to reject them on numerous
occasions, deferring consideration of petitioned substances, pending
complete and relevant TAP reports. This situation has caused frustration for
petitioners, NOSB members, and members of the public. It has led to
increased costs and time delays.

Bad process: The contract was awarded in October 2001. It was arranged with
no consultation of the NOSB, and with no posting for bids in the Federal
Register or on the National Organic Program website.

I understand that Congress has appropriated money for new TAP reviews. I
ask that you take action to assure that the request for applications to
apply for TAP contracts be posted in a public manner, and that the NOSB have
an active role in the selection of the TAP contractor(s).

Hiring an executive director
I further understand that Congress has appropriated $100,000 in FY '04 for
an executive director for the NOSB, which is authorized by OFPA section
6518(j). I ask that you expedite the hiring process, and make sure that the
NOSB has a role in writing the job description and selecting the Board¹s
executive director.

In summary: I urge you to ensure that the NOP actually do what it is
supposed to do under the OFPA and require that proper administrative
procedures be followed when new policies, letters, and directives are
formulated and new technical advisory panels are contracted.

I enjoy serving on the NOSB, and am committed to a strong national organic
program. I look forward to a continuing positive relationship as an advisor
to you as we work to advance, promote, and protect organic agriculture.
Please outline how you will respond to these concerns that are so important
to the organic farming and food communities.

Respectfully,

Jim Riddle
NOSB vice-chair and
Organic Policy Specialist for Newfarm.org