"It will unravel everything we've done if the standards can no longer be trusted," said Sen. Patrick J. Leahy, (D-Vt.), who sponsored the federal organics legislation. "If we don't protect the brand, the organic label, the program is finished. It could disappear overnight."
Congress adopted the organics law after farmers and consumers demanded uniform standards for produce, dairy and meat. The law banned synthetics, pesticides and genetic engineering from foods that would bear a federal organic label. It also required annual testing for pesticides. And it was aimed at preventing producers from falsely claiming their foods were organic.
The USDA created the National Organic Program in 2002 to implement the law. But by then, major food companies had bought up most small, independent organic companies. Kraft Foods, for example, owns Boca Foods. Kellogg Co. owns Morningstar Farms, and Coca-Cola Co. owns 40% of Honest Tea, maker of the organic beverage favored by President Obama.
That corporate firepower has added to pressure on the government to expand the definition of what is organic, in part because processed foods offered by big industry often require ingredients, additives or processing agents that either do not exist in organic form or are not available in large enough quantities for mass production.
Under the original organics law, 5% of a USDA-certified organic product can consist of non-organic substances, provided they are approved by the National Organic Standards Board. That list has grown from 77 to 245 substances since it was created in 2002. Companies must appeal to the board every five years to keep a substance on the list, explaining why an organic alternative has not been found. The goal was to shrink the list over time, but only one item has been removed so far.
The original law's mandate for annual pesticide testing was also never implemented -- the agency left that optional.