Boston, MASSACHUSETTS,
Posted February 10, 2005: In the first legal
test of USDA’s implementation of the National
Organic Program to reach the federal courts, the First
Circuit Court of Appeals ruled on January 26, 2005 that
USDA had overstepped its authority in several important
respects.
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About
the case:
View
Decision
View
Brief of Amici Curiae
Supporting organizations:
Farmers’
Legal Action Group is a
nonprofit law center in St. Paul , Minnesota
dedicated to providing legal services to
family farmers and their rural communities
in order to help keep family farmers on
the land.
Rural Advancement
Foundation International is
a public interest organization based in
Pittsboro , North Carolina . Through its
many research and educational activities
and through its membership in the National
Organic Coalition, RAFI-USA provides a voice
for promoting organic agricultural integrity
and for protecting rights of family farmers.
Center for
Food Safety works to protect
human health and the environment by curbing
the proliferation of harmful food production
technologies and by promoting organic and
other forms of sustainable agriculture.
CFS engages in legal, scientific and grassroots
initiatives to guide national and international
policymaking on critical food safety issues.
Beyond Pesticides,
working with allies to protect public health
and the environment, is leading the transition
to a world free of toxic pesticides. Founded
in 1981, the organization, through its information
and advocacy programs, effects change through
local action, assisting individuals and
community-based organizations to stimulate
discussion on the hazards of toxic pesticides,
while promoting protective policies and
practices.
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Arthur Harvey, an organic blueberry grower, organic inspector, and consumer
of organic foods, raised seven objections to the regulations
passed by USDA to implement the National Organic Program.
The National Organic Program provides for third-party
certification of claims that organic farmers and food
processors followed organic practices in producing food.
Food that is certified organic may bear the USDA Organic
seal, while food that is certified as being made with
a qualifying percentage of organic ingredients may make
that claim on its label.
Rural Advancement Foundation International (RAFI),
the Center for Food Safety, and Beyond Pesticides filed
a friend of the court brief in the case, Harvey v. Veneman.
The friend of the court brief, which was submitted by
Farmers’ Legal Action Group and the Center for
Food Safety, addressed three of the seven issues raised
by Mr. Harvey in his challenge to USDA’s implementation
of the National Organic Program. The court ruled in
Mr. Harvey’s favor on the three counts addressed
by the friend of the court brief.
Joseph Mendelson, an attorney at the Center for Food
Safety, observed that “The ruling by Judge Schwarzer
affirmed the basic principle that no one—not even
the United States Department of Agriculture—is
above the law.” Judge Schwarzer is a senior district
judge of the Northern District of California, who sat
on the First Circuit panel by designation.
Michael Sligh , Director of Sustainable Agriculture
Policy at the Rural Advancement Foundation International
and founding chair of the National Organic Standards
Board stated, “We were compelled to submit a ‘friend
of the court’ brief in this case to urge the court
of appeals not to cede to USDA new powers not provided
for in the law. Basic principles of good government
process and the integrity of the USDA Organic seal were
at stake.” Sligh noted that the court ruling may
result in the need for changes in the practices of some
organic farmers and organic food processors who have
complied in good faith with current USDA regulations.
He stated, “We are strongly advocating for a reasonable
and adequate timeline for implementing the court’s
decision so that organic family farmers and others have
an opportunity to sort out the implications of the decision
for their own operations.“
Jay Feldman, the Executive Director of Beyond Pesticides,
agreed that, “We will work with our partners in
the organic community to ensure that consumer expectations
of organic food continue to be met without disruption
in the organic marketplace.”
Federal court rules allow 45 days for USDA and Mr.
Harvey to decide whether to seek review of the decision
by the entire First Circuit. The return of the First
Circuit’s decision to the District Court of Maine
will not take place until at least 7 days after that
time has run. Action by the District Court to carry
out the First Circuit’s order could be further
delayed if either party seeks review before the United
States Supreme Court.
Jill Krueger, an attorney at Farmer’s Legal Action
Group stated, “We hope that USDA will continue
to work with the organic community as it considers how
to respond to the First Circuit’s ruling. We believe
that if we work together and engage in public dialogue
and debate, we can find a way for USDA to implement
the National Organic Program so that it upholds the
integrity of the law and the USDA Organic label, while
not placing undue burdens upon organic family farmers
and organic food handlers.”
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