The House of Representatives’ Freedom Caucus lists the USDA National Organic Program as one that should be a high priority for reform under President-elect Donald Trump. We agree.
The Organic Foods Production Act (OFPA), enacted in the 1990 Farm Bill, established the National Organic Program (NOP) to set uniform national standards for the production, handling and processing of foods and agricultural products labeled as “USDA Organic.” It also created the National Organic Standards Board (NOSB), a federal advisory board comprised of 15 volunteers appointed by the Agriculture Secretary for five-year terms, to consider and make recommendations regarding organic issues.
USDA’s organic standards describe how farmers are to grow crops and raise livestock, including which inputs and materials are approved for use in products certified as organic. “Organic” is, by definition, a marketing term. It is a philosophy and personal preference akin to being a vegetarian or a vegan, buying locally grown or preferring “free range.” Importantly, the criteria for organic foods do not take into consideration human nutrition, food security or water/soil conservation, among other things.
When the NOP was established in 1990, organic foods were a very minor part of the food supply. Today, however, the organic industry has grown to become approximately 5 percent of food spending, and the NOP is relied upon by millions of Americans. According to a new report, organic farming has reached 4.1 million acres in 2016, which is a new record, and an 11 percent increase as compared to 2014. While organic has clearly become a significant market, the USDA organic program, as laid out in the statute and implementing regulations, has not kept pace and should updated.
At the release of the final national organic standards, then-Secretary of Agriculture Dan Glickman stated, “Let me be clear about one thing: [the organic label] is not a statement about food safety, nor is organic a value judgment about nutrition or quality.” To that end, the Mayo Clinic is just one of many reputable groups to have studied the issue, and confirmed that organic foods are, in fact, no more nutritious than conventional foods.
Today’s consumer reads more into the organic label than is warranted. While the USDA organic program, as laid out in the statute and implementing regulations, does not consider whether or not the products are healthier and safer, a recent study conducted by Academics Review concluded those are in fact the primary reasons consumers purchase organic foods. Millions of consumers are relying upon the ‘USDA Organic’ seal as a means for identifying foods that are (from their perspective) safer, more nutritious and/or of higher quality.
Case in point, for milk to be organic, among other things, cows must remain in the pasture for at least 120 days per year. Consumers sure can choose to pay a premium to keep cows in the pasture, but they should also understand it does not improve the nutritional quality of the milk.
In short, what is now a subjective concept needs to become more objective, and based on sound science. Therefore, a number of reforms seem to be in order:
Proven evidence gleaned from rigorous scientific inquiry must remain the key factor in the regulatory review and decision-making process for all programs, including the USDA Organic Program. That is especially true when it comes to judgments affecting the health and well-being of Americans, and something as essential as the quality and safety of our food supply.
As part of drafting a new Farm Bill in the 115th Congress, the House and Senate Agriculture Committees should take note of the recommendation of the Freedom Caucus, and thoroughly review the National Organic Program.
About the Authors: Marshall Matz and Peter Matz are at OFW Law in Washington, D.C. mamtz@ofwlaw.com; pmatz@ofwlaw.com
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