Interesting area of law

Organic Labeling I:

I am going to be making a few posts in the next couple of days on an area of law that is current and that I have been thinking about. If I find enough information, I might turn this research into a short article for the environmental law journal.

During the final months of last year, there was some important litigation relating to organic labeling. Since cooking is a hobby of mine and I like to support local and organic farmers / ranchers / dairies this legislation and related suits caught my attention. The major contention by organic farmers is with the corruption of the organic label by allowing into products labeled “organic” traces of non-organic products that are either not available on the market or are too costly for food manufacturers in the business of producing processed food. This legislation is the result of lobbying on behalf of large agri-business and particularly offends the small organic farmers whose business is based largely on the public’s trust of the authority of the “organic” label. The statute reads in relevant parts as follows:
7 § 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))."
The following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))" only in accordance with any restrictions specified in this section.Any nonorganically produced agricultural product may be used in accordance with the restrictions specified in this section and when the product is not commercially available in organic form.(a) Cornstarch (native)(b) Gums--water extracted only (arabic, guar, locust bean, carob bean)(c) Kelp--for use only as a thickener and dietary supplement(d) Lecithin--unbleached(e) Pectin (high-methoxy)
[FN1] Includes matters within the responsibility of the Federal Grain Inspection Service.
SOURCE: 65 FR 80637, Dec. 21, 2000; 66 FR 15619, March 20, 2001, unless otherwise noted.AUTHORITY: 7 U.S.C. 6501-6522.

This statute is taken up in a case by an organic blueberry farmer from Maine in Arthur Harvey, Plaintiff v. Mike Johanns, which traveled up the court of appeals.