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Re: SMALLFARM-MG> Organic Produce
Subj: Re: SMALLFARM-MG> Organic ProduceDate: 97-10-14 23:36:46
EDTFrom: dmhinds@acnet.net (Douglas
Hinds)Reply-to: dhinds@ucol.mxTo: Erorganic@aol.comCC: london@sunsite.unc.edu,
richmo@indy.net, sals@rain.org, smallfarm-mg@maat.reeusda.gov,
sanet-mg@ces.ncsu.edu
Erorganic@aol.com wrote:
>
>
>...concerning the multiple number of issues
> that Sal, Rich, Douglas and others have raised...I challenge all four of
you and > any others to use OFPA and
> RFA (Regulatory Flexibility Act) as the basis of further discussion ..We
are not > writing an Act of Congress, we are operating within the
> parameters of existing Congressional Acts.
I don't buy that.
eak: Does that mean you do not buy OFPA as an Act of Congress? Or that you
do not care to meet the challenge? Or something else?
> We concluded that an Act is an Act is an Act of Congress.
Acts can be reenacted, and some should be.
> Does Douglas need to be certified organic as a
> handler of organic products from Mexico? (Anyone who receives or otherwise
> acquires agricultural products; and processes, packages or stores such
> products must be certified as an organic handling operation. However,
> Douglas may be a good example of what is called a "commission agent" under
> PACA, the Perishable Agricultural Commodity Act, in the US, and in fact
does
> not have to be certified as an organic handling operation under OFPA
because
> a "commission agent" by definition does not receive or acquire perishable
Ø product.)
eak: However, the farm that produces every product, every handling operation
that meets the above definition in packaging, storing, and processing the
product has to be a certified organic handling operation. To further offer
some clarification, trucking companies who are not storing product are
exempted under OFPA from having to be certified as an organic handling
operation because although they receive or acquire, they in fact do not
store, package or process.
Sorry but I can't answer that because I've got to revise and get the
contract back to the lawyer tomorrow for the packing and processing
operation that we're putting together here, finish another one for the
growers who have asked us to help provide them with viable biological
control methods for 360 acres of virgin land that they want to keep free
of the fungus that cause IBS (Internal Browning Syndrome) in pineapple
so they can (have their fruit certified and) channel it to the organic
market (yeah, we're going to help them get a fair price for it too) and
call the university's coordinator of their upcoming event on Sustainable
Agriculture regarding the conference I was invited to moderate.
When there's a little more time to spare I'll be happy to mention some
of our other ongoing projects like PATIO (Parque Agro-Tecnologico e
Industrial de Occidente), an Agro-Tecnology Science Park for the
Development and Application of Bio-Agricultural and Agro-Industrial
Processes.
(Eric knows we're doing all these things so I have no idea why he says
this stuff). Say no to drugs! (Is that the problem)?
Regarding the pineapple project: I'm going to have to do a little
research on it, so if there's anybody knowledgeable out there regarding
this issue, I'd appreciate their letting me know what's done the job.
eak: Douglas is in fact carrying on a number of excellent projects in support
of farmers "small farmers" throughout Mexico. The on going discussion we
have held was confined to the issue of whether;
1. There should be modification of the US Organic Act, OFPA, to allow
"small" organic farmers under the OFPA Small Farm Exemption to encompass more
organic farmers than it presently does; and
2. Whether there should be a US National Organic Program of farming and
handling operation standards and certifying agent accreditation at all.
(whether there might be better alternatives to the USDA/NOP).
For a little more clarification on certifying organic in Mexico:
Mexico has implemented an administrative rule. Not a national law. Some US
states like Texas have done the same thing. The Mexican law does call for
accreditation of certifiers and provides a basic framework of organic
standards for the nation. The administrative rule presently only covers
fresh produce.
It seems Douglas is very busy, and this discussion is beyond his available
time. The last remaining point I would like to speak to is that under OFPA,
all imports into the US, of all products, that are labeled, sold or
identified as "organic" at the port of entry are subject to a determination
that "such products have been produced and handled under an organic
certification program that provides safeguards and guidelines governing the
production and handling of such products that are at least equivalent to"
OFPA. To answer a previous question sent through SANET on the procedures
for determining whether an imported organic product can be admitted to the
US: it would be highly inefficient for each shipment to be subject to an
individual determination of equivalency. The equivalency determination is
done by the importing and exporting nations through their appropriate
national governmental offices. Each nation holds the other accountable for
establishing and maintaining a credible and effective organic certification
system. To do so, each nation must have a functioning national organic
program in place. The national organic program of the exporting nation is
subject to inquiry and investigation by the importing nations as to its
honesty, legitimacy and effectiveness. To facilitate harmony guidelines have
been established within the CODEX Food Labeling Committee (for nations to
consider following) for accreditation of organic certifying agents, for
systems of certifying organic farms and handling operations, as well as
guidelines for establishing national organic farming and handling operation
standards. The final determination whether shipments of "organic" labeled
products from an exporting nation can come in and be sold in the US is
perfected in a joint agreement between the appropriate governmental agencies
and takes the form of a mutual agreement signed by each nation. Such mutual
agreements usually are made to allow flow of the products without port of
entry interruption between the two nations. Of course, all the paperwork
required by the importing or exporting nation still has to be filed out and
there is still inspections at the border of every shipment and the shipment
is still subject to rejection for innumerable reasons. However, generally
speaking products flow freely once a determination of equivalency is
accomplished.
With enactment of OFPA, mutual equivalency agreements will be reviewed and
formally recognized with all nations importing "organic" products into the
US.
The last word on whether an organic product can be imported into the US will
be made by the Agricultural Marketing Service of USDA based on OFPA and the
Final Organic Rule. For certified organic farmers and handlers and the US
consumers of organic product, it is extremely important that:
-The Final Organic Rule does not leave loopholes that would allow importation
of "organic" products that are produced and handled to lesser standards then
the US requires of its own organic farmers and handlers, and:
-The Final Organic Rule does not allow certification procedures and systems
used in certifying the farm and handling operation systems to be of lesser
quality than we in the US are subject to.
For these reasons, it is essential for everyone concerned to respond during
the comment period of the Proposed Rule on the procedures for determining
equivalency of imported "organic" ag products as well as the organic farming
and handling standards themselves. OFMA will offer its insights for everyone
to consider shortly after publication of the Proposed Rule on
http://www.iquest.net/ofma/
"end"
Best regards, Eric Kindberg
Douglas M. Hinds, Director General
Centro para el Desarrollo Comunitario y Rural A.C. (CeDeCoR)
(Center for Community and Rural Development) - (non profit)
Petronilo Lopez No. 73 (Street Address)
Apdo. Postal No. 61 (Mailing Address)
Cd. Guzman, Jalisco 49000 MEXICO
U.S. Voice Mailbox: 1 630 300 0550 (e-mail linked)
U.S. Fax Mailbox: 1 630 300 0555 (e-mail linked)
Tel. & Fax: 011 523 412 6308 (direct)
e-mail: cedecor@ipnet.com.mx, dmhinds@acnet.net, dhinds@.ucol.mx