January 24, 2005:
During the U.S. Senate confirmation hearing of Nebraska Gov.
Mike Johanns for Secretary of Agriculture, Sen. Patrick Leahy
of Vermont posed a series of written questions concerning
organic agriculture.
Secretary Johanns’ answers might surprise you!
Sen. Leahy asked lengthy, informative questions. I have included
most of Sen. Leahy’s questions and Sec. Johanns’
responses below.
Sen. Leahy:
With an annual rate of growth of 20 percent per year in
organic retail sales, organic agriculture is clearly a bright
spot in our agricultural economy. Yet the strength of the
organic market is highly dependent on consumer confidence
in the integrity of the USDA organic label. Therefore, it
is critical that USDA take its role as the administrator of
the National Organic Program seriously. This commitment needs
to start at the top, with the Secretary of Agriculture, as
well as with those who administer the organic programs directly.
Please describe your commitment to organic agriculture, and
provide your views on the role of the U.S. Department of Agriculture
in preserving the integrity of the USDA organic label.
Sec. Johanns: I believe USDA should fully
support organic agriculture as an excellent marketing opportunity
for producers to succeed in today’s competitive global
market. Support for organic agriculture should include a full
commitment to the integrity of the USDA organic label.
Sen. Leahy:
In April of 2004, USDA’s National Organic Program issued
a series of controversial “guidance” and “directive”
documents regarding interpretations of the Organic Foods Production
Act and its implementing rule. These documents caused a great
deal of consternation to me and within the organic community,
because they threatened to undermine the integrity of the
USDA organic label in several key areas. As a result of widespread
public concern about these documents and the lack of consultation
with the oversight Committees or the organic community prior
to their issuance, Secretary Veneman announced that these
documents would be rescinded. While this decision by Secretary
Veneman was much applauded by me and by the organic community,
no action was taken by USDA to clarify the status of these
documents with the organic certifiers in the field. The documents
simply vanished from the National Organic Program website,
but the uncertainty created by the documents with regard to
certain organic standards has remained. At the October meeting
of the National Organic Standards Board, USDA staff concurred
with the Board’s recommendations for clarifying the
troublesome documents, and committed to posting those clarifications
on the National Organic Program website within two weeks.
However, several months later, those clarifications have still
not been made. Will you provide your commitment to make it
a priority to proceed with the clarifications of these April
2004 organic standards documents, in keeping with the commitments
made by the AMS Deputy Administrator for Transportation and
Materials during the October meeting of the National Organic
Standards Board? And if so, I would appreciate it if you could
provide me with a commitment about when those clarifications
will be made, given that they have already been significantly
delayed.
Sec. Johanns: I will make it a priority
to work with the Agency to assure that clarifications are
issued and published on the National Organic website for all
interested parties.
Sen. Leahy: The
Organic Foods Production Act of 1990 created the National
Organic Standards Board “to assist in the development
of standards for substances to be used in organic production
and to advise the Secretary on any other aspects of the implementation”
of the Act. In recognition of the significant responsibilities
of the Board, Congress has repeatedly directed USDA to hire
an Executive Director for the Board and provided increased
funds to the National Organic Program for that purpose. Yet
no formal action has been taken to fill this position. Please
comment on the status of the NOSB Executive Director position.
Will you provide your commitment that the position will be
announced at a GS 12-14, or higher? If there are budget constraints
in meeting this requirement, please specify the additional
budget needs in this regard.
Sec. Johanns: It is my understanding that
USDA has received input from the National Organic Standards
Board and is currently developing a position description for
an Executive Director. The Executive Director position will
be established at a grade level consistent with its responsibilities.
Adequate funds are available to support this position.
Sen. Leahy:
In the Organic Foods Production Act of 1990 (OFPA), Congress
directed the USDA to create a Peer Review Panel to assist
the Secretary in evaluating and approving organic certifier
applications for accreditation. Congress’ intent for
the creation of the Peer Review Panel has been reiterated
in both the Fiscal Year 2004 and 2005 Agricultural Appropriations
processes. Because the role of the organic certifying agents
is so critical to assuring the integrity of the USDA organic
label, it is crucial that USDA accredit only those certifiers
who are fully qualified and are capable of assuring adherence
to the strict standards that consumers expect. In OFPA, Congress
envisioned the Peer Review Panel to be comprised of “not
less than three persons who have expertise in organic farming
and handling methods” to assist the Secretary in evaluation
of applications of certifying agents seeking accreditation,
to ensure that the accreditation process is consistent with
existing norms and the intent of the law. To date, the USDA
has failed to create such a panel. Can I have your commitment
that you will move forward as expeditiously as possible in
the creation of the Peer Review Panel?
Sec. Johanns: Yes, I will work with the
Agency to consult with the National Organic Standards Board
to formalize a peer review panel on an on-going basis.
Sen. Leahy:
USDA organic standards for livestock and poultry production
require access to the outdoors and to pasture. Consumers of
organic livestock products rightfully assume and expect that
livestock and poultry products that carry the USDA organic
label come from animals that been provided with such outdoor
access. Will you comment on your commitment to uphold the
outdoor access and pasture requirements of the USDA organic
standards for livestock and poultry?
Sec. Johanns: I believe USDA should continue
its commitment to upholding the regulations describing the
requirements for access to the outdoors and pasture.
Sen. Leahy:
In creating the National Organic Standards Board, Congress
intended the Board to be a citizen panel of experts representing
a broad array of stakeholders from the organic community.
Currently, there are five vacancies on the Board awaiting
replacement by the Secretary. As you seek to fill these crucial
positions, will you commit to filling them with candidates
with demonstrated organic experience, representing a broad
array of stakeholders, including those representing the interests
of small-and-medium-scaled organic producers and processors?
Sec. Johanns: I believe USDA should continue
reaching out to every organic producer, processor, and certifying
agent in the United States in order to obtain a diverse pool
of qualified candidates for filling the five vacancies on
the National Organic Standards Board. Further, I believe that
the candidates submitted for selection should represent a
broad spectrum of interests within the U.S. organic community.
Sen. Leahy:
In addition, if confirmed do you support Department efforts
to coordinate organic production and handling data collection
and analysis between various agencies, such as NASS, ERS,
CSREES, ARS, and NOP? Will you work to increase US exports
of organic products by working with the International Trade
Commission to facilitate the creation of voluntary export
codes? Will you support a budget that includes funding the
inexpensive, unfunded authorizations for organic in the 2002
Farm Bill?
Sec. Johanns: I will fully support efforts
to coordinate organic production and handling data collection
and analysis among all USDA agencies, and will work to promote
U.S. organic products, including exports.
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