Organic Foods
Demand for organic foods has increased dramatically in the fast few decades, with approximately $92 billions USD spent on organic products annually (Vigar, 2019). The reason for the increase varies, including individuals preferring environmental-friendly products and consumer health and wellbeing (Vigar, 2019). Longitudinal studies show evidence that consumers are making the right choice in consuming organic products; increased organic intake was associated with reduced incidence of infertility, birth defects, and other health problems (Lu, 2008). Organic food is a growing and beneficial aspect of food production and consumption, so
what exactly constitutes organic food according to US law?
Relevant Statutes
Organic production has been practiced in the United States since the late 1940s. From that time, the industry has grown from experimental garden plots to large farms with surplus products sold under a special organic label. Food manufacturers have developed organic processed products and many retail marketing chains specialize in the sale of "organic" products. This growth stimulated a need for verification that products are indeed produced according to certain standards. Thus, the organic certification industry also evolved.
More than 40 private organizations and state agencies (certifiers) certify organic food. But their standards for growing and labeling organic food may differ. For example, there are differences in:
permitting or prohibiting different pesticides or fertilizers in growing organic food
the language contained in approved seals, labels, and logos
By the late 1980s, in an effort to standardize production and certification, the organic industry petitioned Congress to draft the Organic Foods Production Act (OFPA) defining "organic".
About the Act
The Organic Foods Production Act of 1990 (OFPA) is a law that regulates the production, processing, handling, packaging, and labeling of organic agricultural products in the United States. The OFPA establishes clear, national standards for organic agriculture and aids consumers by requiring simpler, standardized labeling of organic products. It also protects consumers and legitimate organic producers by setting fines and punishments for producers and marketers that make false or misleading claims about organic agricultural products. Generally, organic products do not contain ingredients produced with the use of synthetic fertilizers, synthetic pesticides, or other chemicals. The OFPA and subsequent regulations Chapter 1: Introduction to Organic Farming 5 require that all organic producers and handlers be certified under the standards set forth under the OFPA and the U.S. Department of Agriculture (USDA). Once organic producers and handlers have been certified, they may produce and market agricultural goods as “organic,” if the good meets all organic production and handling requirements. The Organic Foods Production Act mandated creation of a National Organic Program (NOP) and a National Organic Standards Board (NOSB). The NOP develops the rules and regulations for the production, handling, labeling, and enforcement of all USDA organic products. The NOSB is the federal body responsible for writing, interpreting and enforcing the Organic Regulations, which are the National Organic Standards (NOS).
Organic Food Production Act of 1990 (7 U.S.C. §§ 6501-6524)
Background
Legal Cases Index
SUPREME COURT
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 130 S. Ct. 2743, 177 L. Ed. 2d 461 (2010) (enjoining partial deregulation was an abuse of discretion) Text
[Full brief will go here]
FIRST CIRCUIT
Harvey v. Johanns, 494 F.3d 237 (1st Cir. 2007) (use of synthetic ingredients in processing organic foods)
[Full brief will go here]
Mass. Indep. Certification, Inc. v. Johanns, 486 F.Supp. 2d 105 (D. Mass. 2007) (challenge to NOP certification requirements)
[Full brief will go here]
SECOND CIRCUIT
Patane v. Nestle Waters N. Am., Inc., 369 F. Supp. 3d 382 (D. Conn. 2019) (misrepresentation and failure to meet standard of law)
[Full brief will go here]
Image source: USCourts.gov
Citations
Lu C., Barr D.B., Pearson M.A., Waller L.A. Dietary intake and its contribution to longitudinal organophosphorus pesticide exposure in urban/suburban children. Environ. Health Perspect. 2008;116:537–542. doi: 10.1289/ehp.10912.
National Organic Program (2022) National Agricultural Law Center. Available at: https://nationalaglawcenter.org/research-by-topic/national-organic-program/ (Accessed: January 22, 2023).
Organic Food Production Act of 1990. 7 U.S.C. §§ 6501-6524.
Vigar V, Myers S, Oliver C, Arellano J, Robinson S, Leifert C. A Systematic Review of Organic Versus Conventional Food Consumption: Is There a Measurable Benefit on Human Health? Nutrients. 2019 Dec 18;12(1):7. doi: 10.3390/nu12010007. PMID: 31861431; PMCID: PMC7019963.