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USDA Closed Interpretation Gap Surrounding the 38 Non-Organic Ingredients

Wednesday, January 30th, 2008 | Author: Organic Blogger

Problem with the National List Regulation

As far back as 2002, the United States Department of Agriculture (USDA) ratified the recommendation of a list of 38 ingredients being added to the National List of Allowed and Prohibited Substances.

The government acted on criticisms that the regulation §205.606 was being too broadly interpreted. They decided to clarify the rule and reign in the wanton approval of non-organic substances. From the Federal Register, June 2007 issue:

Until recently, some producers, handlers and certifying agents have misinterpreted National List regulations §205.606 to mean that any non-organic agricultural product which was determined by an accredited certifying agent to be not commercially available in organic form could be used in organic products, without being individually listed pursuant to the National List procedures.

In January 2005, this gap was effectively closed when they stipulated that the approved items had to be present on the National List in order to be sanctioned for use as “organic.”

“Smooth Transition” Means Longer Time with Unapproved, Mislabeled Ingredients in Circulation

The ruling, further, made provision for the “smooth transition” to compliance with the more strict interpretation of regulation §205.606:

• Mislabeled products can remain so labeled, and on the market until June 2007
• At that time, there would be no new items accepted into the market
• All pre-existing supplies can be sold until stores depleted
• Once depleted, then they had to comply with the formulaic changes, change their labeling, or face fine

About the 38 Non-Organic Ingredients added to the National List

On the website, The Daily Green, Karen Berner has complied information about the 38 ingredients, from sources including the USDA, Organic Trade Association, and Organic Consumers Association. In her article she covers:

  • Who supported inclusion of the 38 ingredients in the National List
  • Why Organic Consumers Association is against their inclusion
  • Where the ingredients come from and where they can be found

The Name is Changed, Only

The Federal government is allowing producers to sell non-organic food ingredients listing them as “organic.” Putting these non-organic materials in the “safe” organic categories, however, does not change the substance to something safe. It only serves business and confuses the consuming public. With this possibility of non-organic mixed with organic, a good rule of thumb would be to suspect anything that doesn’t say “100% Organic.”

For now, you can’t call just anything “organic.” It must appear on the National List as “organic.” The question remains, though, should there even be a list of pretend organic substances in the first place?

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