What
does it mean when the label says "organic"?
And who says
so, and how do we know they are telling the truth?
Organic Foods Home Page | ReadOnly
Table of Contents (essays on Health and Behavior)
Elwood Turner: "Good Things for Kids" Home Page
July 10, 1999
We present the first
installment of our ongoing research:
THE CALIFORNIA ORGANIC FOODS ACT OF 1990
[Full text of COFA 1990] (109 kb - load time 45 seconds @ 28.8k)
[Private
Organizations Certifying organic producers for California Registration]
Next time you are shopping for organic
foods, read the labels on the organic items carefully. Look at the
packaged foods and at the binders on the produce. Many of the labels,
except for some of the locally grown produce, will say
ORGANICALLY GROWN IN ACCORDANCE WITH THE CALIFORNIA ORGANIC FOODS
ACT OF 1990
(raw agricultural commodities)
or
ORGANICALLY GROWN AND PROCESSED IN ACCORDANCE WITH THE CALIFORNIA
ORGANIC FOODS ACT OF 1990 (processed food)
or
ORGANICALLY PRODUCED IN ACCORDANCE WITH THE CALIFORNIA
ORGANIC FOODS ACT OF 1990 (unprocessed meat, fowl, fish, dairy products, or
eggs).
Now look at where the item comes from. Much of the raw produce, especially in the winter months (if you live where there is a cold season), is actually grown in California. But many of the processed or packaged items are not. They can come from anywhere, including outside the U.S. How does California manage to get its seal of approval on such a large proportion of organic foods from around the world?
1. Because of the size of the California specialty
agriculture industry, including a large number of organic farms, not
surprisingly much of our organic produce and other items actally comes
from California.
2. California Organic registration is required to sell any product labeled
organic in the state of California. Given the immensity and
commercial importance of the California consumer market, a grower's or
processor's desire to obtain California registration is understandable.
3. Any private certifying agency, in California or elsewhere, may
register with the California Department
of Food and Agriculture (CDFA) as such, and may then conduct inspections and
provide California certification for organic farms and processors anywhere,
include nations other than the U.S. The CDFA
Organic program lists ten groups currently providing such certification. In
California, the largest of these is California Certified Organic Farmers
(CCOF), with 800 "clients". Certifying agencies may compete
with one another for business. One private certification label that we
have personally seen on produce and packaged organic foods from a variety of
sources, including Mexico, is that of QUALITY ASSURANCE INTERNATIONAL (QAI).
Note the distinction between registration and certification
in California.
Registration is administered by the California Department
of Food and Agriculture (CDFA) under the THE CALIFORNIA ORGANIC FOODS ACT
(COFA) of 1990. State inspectors perform 500
unannounced inspections
every year. According to Ray Green, head of the California Organics
program, "The inspectors know who the organic farmers are." All
farms are required to report pesticide use, and this too would show up
violations in meeting organic standards. Mr. Green emphasizes that the
California registration standards are "minimal", dealing with such
basic issues as the use of pesticides, herbicides, antibiotics, hormones,
and irradiation. Issues such as soil management and sustainability
are not addressed.
A brief review of COFA 1990 reveals a few interesting points.
The law comprises two sections, which are sufficiently alike in the most part to
be repetitive: those provisions which are part of the CALIFORNIA FOOD AND AGRICULTURE CODE,
and those which are part of the CALIFORNIA HEALTH AND SAFETY CODE.
Use of composted municipal waste ("sewage sludge") is not
addressed, nor is the issue of genetic engineering. Use of hormones and
antibiotics are permitted only for therapeutic vetinary use, and must be
discontinued either 30 days or 90 days before slaughter, depending on which
section is invoked. The list of prohibited practises and substances are
very much like that seen in the Northeast Organic Farmes Association (NOFA)
standards.
Registration of farms
and processors
Every person engaged in this state in the production or
handling of raw agricultural commodities or eggs sold as
organic, or in the production, handling, or processing of
meat, fowl, or dairy products sold as organic, excluding
retailers of food sold as organic, shall register with the
agricultural commissioner in the county of principal operation
prior to the first sale of the food, and shall thereafter
annually renew the registration unless no longer engaged in
the activities requiring the registration. Each registrant
shall provide a complete copy of its registration to the
agricultural commissioner in any county in which the
registrant operates.
Enforcement: Any person may file a complaint with the director concerning suspected noncompliance with the COFA 1990. The director and the county agricultural commissioners may conduct a program of spot inspections growers and processors. At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce the COFA standards. In lieu of prosecution, the director or a county agricultural commissioner may levy a civil penalty against violators of not more than five thousand dollars ($5,000) for each violation. If the violation was not intentional, the director or county agricultural commissioner may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation. For a first offense, in lieu of a civil penalty as prescribed in subdivision (a) or (b), the director or county agricultural commissioner may issue a notice of violation if he or she finds that the violation is minor.
Third-part Certification
"This chapter applies to all food sold as organic
within the state, wherever produced, handled, or processed,
and to all food produced, handled, or processed in the state,
wherever sold as organic, except that in lieu of registration
under this chapter, the secretary may recognize a
certification organization operating outside of the state that
certifies raw agricultural commodities, eggs, meat, fowl, or
dairy products if the secretary determines that the
organization meets minimum standards substantially similar to
those contained in subdivision (c) of Section 110850, and
Sections 110860 to 110870, inclusive, of the Health and Safety
Code. The secretary shall establish, administratively, a
procedure for organizations to apply and obtain recognition."
Third-party private certifiers are free to impose more stringent standards.
Inspection and enforcement.
COFA 1990 is clear in its requirement of a minimum
inspections schedule of all client producers that registered third-party
certifiers must follow. It is not clear how enforcement is imposed upon
producers who are not located in California, and who violate either COFA 1990 or
the private certifiers own standards. The individual certifying agencies
hire inspectors in the areas where the farms/processors who subscribe to there
services are located. They undergo an intensive two-week training, plus an
internship and apprenticeship. They may be part-time inspectors who are
also, farmers, teachers, on vacation, food scientists, etc. [At least
one certifier we talked to hires only full-time professional inspectors.]
We may infer that the threat of
loss of certification with consequent loss of the California Market is a
sufficient motivator for good behavior; but we wonder what happens to a producer
or processor who is not located in California and remains in gross violation of COFA or private standards and
continues to obtain and apply labels indicating compliance.
MORE DETAILS (Go to applicable section of COFA 1990)
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