The Side By Side compares the language of the USDA's Proposed National Organic Program Rule and the "Preamble", the document published by the NOP offering supporting evidence of why they wrote the Proposed Rule as it reads, with the Organic Foods Production Act of 1990 (OFPA), the House-Senate Conferee Report, the document published by joint houses of Congress upon final passage of an Act and the Senate Report, a committee report that discusses the legislative objectives concerning the Senate version of what became OFPA.

Fifty years of work by traditional farmers of the forties and fifties, rebels of the sixties and seventies and innovative and conventional farmers of the eighties and the nineties are embodied in The Organic Foods Production Act. Many organic farmers and consumers have been involved in encouraging open dialogue on the quality of our common lands, waters and health. The Organic Foods Production Act of 1990 symbolizes a consensus of the best thoughts, instincts and intuitions of what is beneficial for our nations food security and environmental future. The hopes of small to moderate size farmers, small businesses and consumers to see a market driven label for food and fiber that meets very high, consistent and specific criteria of farming, processing and handling rides on the Organic Foods Production Act.

Foremost of our concern is for the consumer to have the choice to buy synthetic substance free food and fiber. The USDA Proposed Organic Rule as written would take the Organic Foods Production Act, an outstanding Act of Congress, and destroy its meaning to organic farmers and customers alike.

THE USDA HAS PROPOSED an Organic Rule with a large number of inconsistencies with the Organic Foods Production Act. The USDA in the Proposed Rule has usurped the authority of the National Organic Standards Board. The USDA has structured for unreasonable costs for their accreditation services to the organic community.

The USDA has been directed by Congress to implement the Organic Foods Production Act with Rules that are consistent with OFPA and the principals of organic farming and handling. Certified organic farmers, handlers and interested consumers are the guardian of those principals. OFPA is the greatest opportunity we as a national community have, with trust and clear identity, to institute a labeling choice that may represent pure and unadulterated food in the near future. It may take public advocacy to our State governments and Congressional Representatives through our businesses, community, labor, farming and religious organizations to secure our objectives. Now is the time to speak up for a National Organic Program that meets our highest expectations.

Proposed Rules become Final Rules after the Secretary of Agriculture's staff review all the comments and respond to the substantial comments. There are 90-days for the public to provide email, postal or fax comment. The Secretary's staff will take six or months to respond to the Public Comments and publish a Final Rule. The Proposed Rule is published in the December 16, 1997 Federal Register, found frequently available at public libraries. A standard paper copy of The Proposed Organic Rule can be bought by calling 202-512-1800 or an internet copy can be accessed at www.ams.usda.gov/nop.

• A.) National List (farm, and handling operations) National List class of ACTIVE SYNTHETIC SUBSTANCES:

  CROPS:
  -The proposed allowance of GMOs-illegal
  -The proposed allowance of many synthetic substances, including "chemically altered plant and animal wastes" in crop production that do not fit into one of the 10 categories allowed for consideration under the National List process-illegal
  -The exemption of all synthetic seed treatments from the National List process--illegal
  

  LIVESTOCK:
  -The categorical allowance of therapeutic medicines (antibiotics, etc) with normal FDA withdrawal times before returning to a milk line or selling eggs or meat products at anytime during the life of all animals including milk, eggs or dairy without being on the National List--illegal
  -The categorical allowance of animal drugs for slaughter stock, other than mammals, up to 7 days after arrival on a certified organic farm--illegal
  -The categorical allowance of using medicines on mammals of any kind within the first 21 days of life on a certified organic farm with FDA normal withdrawal times before sale of dairy or slaughter as "organic"--illegal
  -The use of synthetic parasiticides and topical FDA approved drugs anytime on any type of livestock after 21 days of age including those producing organic meat, eggs or dairy-illegal
  -The suggested use of synthetic amino acids in livestock feed--illegal

  National List Class of SYNTHETIC INERT SUBSTANCES:
  -Not reviewing all inert synthetic ingredients in pesticides used on organic farms--illegal
  

  National List Class of NON-SYNTHETIC BUT NOT ORGANICALLY PRODUCED SUBSTANCES USED IN PROCESSED ORGANIC FOODS
  -Not limiting the review of non-synthetic but not organically produced ingredients used in processed "organic" foods to the OFPA prescription, but expanding it to include synthetic processing aids, food additives, colorings, flavorings, enzymes and ingredients, including a GMO--illegal
  -The application of the subsection of 2118, "unavailability of wholly natural substitute products" to the "non-synthetic, but not organically produced" possible exemption for inclusion in organic processed foods, when the section pointedly outlaws the use of synthetic substances by stating the only substances that can be considered are "non-synthetic substances" for the 5% in processed organic foods--illegal
  

• B.) Not certifying every handling operation labeling and selling a product as "organically produced"--illegal
  Includes USDA proposed exempting of restaurants and retail stores processing and selling "organic" as a meal or sandwich, and retail stores processing organic products and exempting handling operations that do not serve over three organic farmers or other handling operations from certification--illegal

• C.) Livestock feeding:
  -The feeding of livestock consistently 80% organic feed--illegal
  -The allowance of a one time per farm, 90 day feeding of organic feed before selling organic milk and dairy products--illegal,
  -The allowance of bringing newborn mammals on an organic farm without having been organic feed up to 15 days after birth--illegal
  -Diminished (to only 90 days) feeding standards for livestock producing organic fibers--illegal
  -The allowance of the production of organic livestock perpetually with restricted available space for movement and access to the outside--illegal

• D.) The denial of exemption for "made with certain organic ingredients" from production and recordkeeping requirements and further proposed recordkeeping requirements for exempted "small farmers"--illegal

• E.) The usurpation of NOSB authority (granted under OFPA) by the USDA adding active synthetics to the National List that were either never reviewed or recommended by the NOSB (cotton defoliants) or were turned down for recommendation (GMO Bt, and chymosin and PBO) to the Secretary for the National List by the NOSB--illegal

• F.) The illicit introduction of definitions and therefore approaches that are inconsistent with OFPA,
  -The term "certified facility" applied to livestock facilities, opening the way to intensive, perpetual confinement livestock operations.
  -The term "incidental additives" and the many other undefined "additives" allowed under the Proposed Rule
  -The term "active ingredient in any input other than pesticide formulations" for introducing synthetic substances in handling and organic farming under this term
  -Introducing a new term "non-synthetic substance" to replace "natural" substance
  -The term "inert ingredient in pesticide formulations" to justify the use of synthetic substances not allowed in organic farming
  -The term "nonactive residues" to allow synthetic substances to exempted from being prohibited substances
  -The term "non-agricultural ingredient" to misrepresent the non-synthetic, but not organically produced substances that can be included on the National List for using in processed foods.
  

• G.) Proposing unreasonable fees for organic farmers, handles and certifiers. No system of oversight of efficiency and to limit the objectives of USDA/NOP to the mandate of the Organic Foods Production Act.

How to get a copy of the Proposed Rule
OFMA's Side by Side Comparison of OFPA and the Proposed Rule
OFMA's Side By Side Comparison of OFPA and The Rule's Definitions
Where to Comment on the National Organic Proposed Rule
Read the Proposed Rule (Text version)
USDA's requests for specific Comments on the Proposed Rule
Contributions and Comments by OFMA Members:
"The Mouse That Roared"
"Compostia"
Add your name to our mailing list
Press Advisory
"USDA Releases Proposed National Organic Rule"

Please encourage others to visit our Website for information to assist the public in making informed and timely comments to the USDA.

Membership in the Organic Farmers Marketing Association is open to everyone with dues of $25 annually. The objective of OFMA, for the benefit of both the organic farmer and consumer is the enhancement of the marketing and trusting relationship. Our major objective of the next year is to secure a consistent, clear and high quality National Organic Standard for organic farming and handling. To ensure high quality organic standards, the Organic Farmers Marketing Association maintains a website, publishes a newsletter, the Organic Organizer, and physically provides organic farmer public advocacy representation. Donations are also accepted.

Please direct your written inquiries, membership and donations to: Organic Farmers Marketing Association, 8364 S SR 39, Clayton, IN 46118 317-539-6935, (phone/fax), cvof@iquest.net www.iquest.net/ofma/

"We are carefully to preserve that life which the Author of nature has given us, for it was no idle gift," Harvey W. Wiley, first administrator of the FDA, formerly the Pure Food and Drug Administration

An update: OFMA has completed the first reading and writing of the side by side for all the livestock, crop and handling standards in the Proposed Rule and the "Preamble" which extends into the certification section about 15 pages. I am now going over the entire document once more before I send it complete to the Organic Farmers Marketing Association website http://www.iquest.net/ofma/ for your thoughts, improvements and comments, to whatever extent you want to get into it. The conclusion is: every thing we have indicated as wrong up to now is correct.

1/1/98