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Turmoil Shakes National Organic Standards Board Meeting in Texas

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Thursday, 08 May 2014 07:31
Board Decision Making Colored by Restrictions to Authority and Governance Imposed by USDA

http://www.cornucopia.org/2014/05/turmoil-shakes-national-organics-standards-board-meeting-texas
CORNUCOPIA, WI: Protests, an arrest and parliamentary maneuvers
marked the beginning of the semi-annual meeting of the USDA’s
National Organic Standards Board (NOSB). After the initial
turmoil subsided its members wrestled with the implications of
widely criticized changes to its authority and procedures that
have been imposed by USDA leadership without the customary public
discussion or review.

Meeting for the first time since the governance and process
changes were unilaterally announced last year, the NOSB's San
Antonio, Texas meeting saw the board defer many of its agenda
items to its Fall 2014 meeting and an outright challenge to USDA
authority on the part of some NOSB board members.

The National Organic Standards Board was established by Congress
as part of the landmark Organic Foods Production Act of 1990
(OFPA). The 15-member board is composed of organic farmers,
consumers, organic food processors/retailers, environmentalists,
a scientist and an organic certification representative. Congress
gave the board the authority to review and approve materials used
in organic agriculture and food, as well as mandating the USDA
Secretary seek their advice and counsel on policies important to
the organic community.

"The NOSB is a prime example of the desire to build partnership
and collaboration, as established by OFPA," explains Will Fantle,
codirector of The Cornucopia Institute, an organic industry
watchdog. "It was supposed to be a buffer to prevent total
control of the organic sector by the USDA and big agribusiness
interests."

When the NOSB meeting began, it was opened by its new co-chair,
USDA's Miles McEvoy, who directs the staff of the National
Organic Program. The prominent role of the USDA bureaucrat,
claiming the right to co-chair the NOSB meeting, was a first and
part of the changes implemented by the USDA.

Almost immediately this "power grab" was challenged by
demonstrators from the Organic Consumers Association (OCA). A
number of their members moved in front of the podium and began
chanting "Don't change Sunset," a reference to another
controversial change made by the USDA that lowers the threshold
for re-approval of synthetic materials allowed for temporary use
in organic food and agriculture. Ultimately, following a quick
adjournment of the meeting, OCA's political director Alexis
Baden-Meyer was arrested and removed
(http://www.youtube.com/watch?feature=player_embedded&v=tpKH11T48cQ)
from the room.

As the meeting resumed, NOSB member Jay Feldman, executive
director of Beyond Pesticides, called for a point of order to
contest the co-chairing of the meeting by USDA's McEvoy. Feldman,
who occupies one of the NOSB seats reserved for environmentalist/
conservationists, was seeking to restore the authority of the
board's duly elected chair.

Beyond Pesticides, The Cornucopia Institute, and most other
public interest groups involved in organics contend that the
language of OFPA is clear in mandating that the board, "shall
select a Chairperson for the Board."

During the middle of a roll call vote, the meeting was again
suspended and USDA staff huddled to discuss the situation. McEvoy
was seen making cell phone calls, presumably with superiors in
Washington. He subsequently approached Feldman during the break
and reportedly told him that he would cancel the entire meeting
unless Feldman retracted his parliamentary move. When the meeting
resumed, Feldman reluctantly withdrew his objection.

"It’s amazing that the USDA would go to the mat over the issue of
Mr. McEvoy’s co-chairing the meeting," said Cornucopia’s Will
Fantle. "Being willing to shut down the entire process in San
Antonio, after board members and organic stakeholders invested
thousands of hours in preparation and tens of thousands of
private and taxpayer dollars, over such a small but symbolic
dispute is reprehensible," Fantle added.

When the meeting once again was convened, McEvoy began a lengthy
explanation of why the USDA had taken more control over the
actions of the board, and detailed the "training" session that
all NOSB members had been summoned to Washington, D.C. for in
February. He claimed the changes would lend more transparency and
streamline the NOSB procedures.

NOSB member Jean Richardson, a consumer representative from
Vermont, observed shortly after McEvoy concluded his remarks,
that the NOSB has no work items "on our agenda." Her comment
referenced the USDA's taking away of agenda-making authority from
the NOSB, a right formerly used to develop positions on important
issues including GMO contamination in organics, and the potential
use of nanotechnology.

Even before the NOSB's Texas meeting began, USDA Secretary Tom
Vilsack was receiving a steady stream of criticism regarding what
some described as a power grab
(http://www.cornucopia.org/2014/04/organic-activists-charge-usda-regulators-capitulating-corporate-interests/)
and a gutting
(http://consumersunion.org/news/u-s-department-of-agriculture-guts-national-organic-law/)
of OFPA. Three former and widely respected chairs of the NOSB
sent a joint letter to Vilsack
(http://www.cornucopia.org/USDA/SecVilsackLetter_on_Usurpation_of_NOSB_Authority.pdf)
outlining their grave concerns. And, dramatically, just days
before the opening of the meeting, two of the prime authors of
OFPA, Vermont Senator Patrick Leahy and Representative Peter
DeFazio of Oregon, contacted Vilsack
(http://www.cornucopia.org/USDA/LeahyDeFazioSunset.pdf)
urging a reversal of the changes made to the "Sunset" process,
noting the move was made "in conflict with both the letter and
intent of the statute."

As the first day of the meeting moved into the afternoon, a
number of board members continued probing and questioning USDA
staff about the Sunset changes. Richardson called the new process
a "rabbit warren," adding that it was "hard to see transparency."
During the formal public comment session, a number of citizens
and representatives of public interest groups harshly criticized
the changes as well.

Ultimately, the board turned its attention to the numerous agenda
items requiring discussion, votes and decisions at its four-day
meeting. But before that process began, McEvoy offered that the
USDA had "heard" the comments on Sunset changes and taking of
power from the NOSB. He encouraged anyone with concerns to
contact him. To date the USDA has made no indication that they
will back down on the widely unpopular moves that have generated
the impassioned protests as well as a threat by The Cornucopia
Institute to challenge the moves in court.

One hot-button topic at the meeting was a decision on whether or
not to extend the Sunset deadline for ending the use of the
antibiotic streptomycin in apple and pear orchards as a disease
control agent for the potentially devastating disease fire blight
(http://www.nysipm.cornell.edu/factsheets/treefruit/diseases/fb/fb.asp).
The petitioners, active in the orchard industry, sought a
three-year extension from its current expiration date of Oct. 21,
2014.

The board voted not to extend, instead choosing to end the use of
all antibiotics in organic agriculture. Opponents of an extension
argued for changes in agricultural practices, consistent with
organic management, that reduce disease risk and expressed
confidence in new natural fire blight prevention materials that
have been tested.

A large group of industry and public representatives at the
meeting came to learn what the board would do with usage levels
of the somewhat controversial synthetic amino acid methionine.
Methionine is an essential amino acid for poultry, necessary for
the health and well-being of birds. A synthetic version is added
to poultry feed and the NOSB has been wrestling for years with
how to phase it out in favor of natural alternatives.

Once again, the USDA's Sunset process changes surfaced. Several
board members appeared reluctant to adopt changes recommended by
the NOSB's Livestock Subcommittee to the amount of synthetic
methionine allowed in feed, fearing that USDA's Sunset changes
would make the eventual phase-out of the synthetic more difficult,
if not impossible.

NOSB farmer-member Nick Maravell and NOSB environmentalist
Francis Thicke (also a dairy farmer) received support from fellow
board members to send the matter back to the subcommittee for
additional review.

"Under the old Sunset rules that the NOSB had historically
operated under, this measure likely would have passed with the
board having confidence that they would have the power to revisit
this issue in the future," Cornucopia’s Fantle observed.

A similar fate befell numerous aquaculture materials being
reviewed by the board. Discussion revolved around the lack of
organic aquaculture standards, with a general sentiment that it
was premature to approve materials for use in aquaculture without
a full understanding of the system they would be used in. "How
can we evaluate without standards?" asked consumer representative
Calvin Walker.

The USDA had been criticized over the past few years for pushing
synthetic and non-organic materials for use in aquaculture,
presumably at the request of corporate agribusiness, when they
have ignored recommendations from the NOSB on how to structure
the industry to protect human health and the environment.

With the potential for dramatically different approaches between
land-based pond systems and ocean net pens (which in conventional
aquaculture have resulted in catastrophic environmental
degradation), the board chose a cautious path and elected to
table further review of all aquaculture materials until the USDA
promulgates draft aquaculture standards.

During his organic status report given earlier in the meeting,
the USDA's Miles McEvoy said that aquaculture standards had
passed clearance and review by other federal officials and would
be forthcoming. McEvoy also mentioned that long-promised
regulations concerning origin of livestock had similarly been
given clearance. Organic dairy farmers have long complained that
this loophole was allowing organic “factory farms” to continue to
bring in conventional replacement animals. The pending rule
change is expected to prevent the practice.

McEvoy also reported a rule governing organic pet food production
and labeling was given clearance for release as well and should
also be out in the near future.

As one of its last agenda items, the NOSB selected its new
leadership. Jean Richardson was elected board chair. John Foster,
a handler representative and employee of WhiteWave/Earthbound
Foods, was elected vice-chair. And Mac Stone, a certifier
representative, was elected the board's secretary.

Amanda Love, a natural foods chef and nutrition therapist from
Texas who sits on The Cornucopia Institute’s Board of Directors
and testified at the meeting, observed afterward, "The NOSB was
structured by Congress to balance the power of organic farmers
and consumers with powerful industry interests. That power
dynamic has been seriously compromised by the USDA. It will be
interesting to see if Secretary Vilsack responds to the almost
universal public condemnation of their power grab as illustrated
by the tumult at the meeting in San Antonio."

-30-

MORE:

Other agenda items discussed by the NOSB included:

- An update on a genetic purity standard for seed
- Added magnesium oxide to the National List as a synthetic for
use in organic crop production
- Adopted a resolution encouraging increased research into fire
blight disease control practices
- Approved the proposal to modify the policy on confidential
business information

The Fall meeting of the NOSB is scheduled for October 28-30 in
Louisville, Kentucky.
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