Action Please By: January 12,1998
To: Members & Subscribers
From: National Office Date: December 19, 1997 Re: RA 97-27 USDA Proposed National Organic Rule Excludes
On December 16th, the U.S. Department of Agriculture (USDA) issued its proposed National Organic Program in the Federal Register. The program is proposed under the Organic Foods Production Act of 1990 (OFPA or Act), as amended, which requires the establishment of national standards governing the marketing of certain agricultural products as organically produced to facilitate commerce in fresh and processed food that is organically produced and to assure consumers that such products meet consistent standards. This rule, when promulgated, would establish national standards for the organic production and handling of agricultural products, which would include a National List of synthetic substances approved for use in the production and handling of organically produced products. It also would establish an accreditation program for State officials and private persons who want to be accredited to certify farm, wild crop harvesting, and handling operations that comply with the program's requirements, and a certification program for farm, wild crop harvesting, and handling operations that want to be certified as meeting the program's requirements. The program additionally would include labeling requirements for organic products and products containing organic ingredients, and enforcement provisions. Further, the proposed rule provides for the approval of State organic programs and the importation into the United States of organic agricultural products from foreign programs determined to have equivalent requirements.
Biosolids for Organic Farming
A USDA advisory group, the National Organics Standards Board (NOSB), recommended that biosolids, or municipal sludge, should be classified as "synthetic" and were not appropriate for use in organic crop production. The NOSB's position, as incorporated into the proposal, views biosolids as a complex mixture of components and pollutants surrounded by an organic matrix and is derived from industrial and commercial effluents. The proposal references the 40 CFR Part 503 sewage sludge regulations which contains steps that must be taken relative to issues such as the amount of cadmium and lead that can be applied to the soil, the amount of PCBs in the biosolids, and the relative accumulation of heavy metals into edible plant parts. Under these and other restrictions contained in 40 CFR Part 503, the NOSB contends that biosolids can be safely used in conventional agriculture. If this policy holds up in the final rule, the viability of a significant number of biosolids beneficial use programs in the U.S. may be compromised.
The EPA defines biosolids as the primarily organic residuals, produced by current wastewater treatment processes that treat domestic sewage, that can be beneficially recycled. Under current EPA regulations, such recycling can include land application of biosolids to provide primary plant nutrients and micronutrients to crops and vegetation produced in agriculture and to improve soil characteristics by providing necessary moisture and/or organic matter to enhance soil tilth. Over the years, EPA, USDA, and FDA have issued joint policy statements that have endorsed the beneficial utilization of biosolids on land for purposes that include the production of fruits and vegetables.
The proposed rule was issued over objections made by EPA and flies in the face of good science and public considerations. It allows the use of raw animal manure in organic crop production with little or no animal manure quality requirements, such as pathogen reduction, or elimination and management practices, site controls, and harvesting restrictions as are required under Part 503 sludge regulation. Neither does the proposed rule contain any technology or performance standards for the composting process as is required for biosolids composting under the Part 503 Rule. Essentially, the deficiencies in the proposed National Organics Rule easily compromise the health of the general population by creating a significant potential for introducing pathogenic contamination from animal manures into foods for direct human consumption and indirectly by pathogenic contamination of animal feeds. During the interagency review process, EPA requested that the proposal be corrected to omit practices that may cause disease, and to include biosolids as a suitable material for organic food production.
USDA is inviting comments on whether the use of biosolids should be permitted or prohibited in organic production (see Federal Register p. 65892-93). The USDA also invites comments on the classification of biosolids as a synthetic vs. nonsynthetic substance. Comments should detail the basis for the recommendation, including the agricultural, policy, technical, or scientific factors. The 90-day comment period ends on March 16, 1998. Comments are due back to the National Office by January 12, 1998. Comments should be sent to the attention of Sam Hadeed via FAX (202-833-4657) or E-mail to shadeed@amsa-cleanwater.org. The National Biosolids Management Partnership comprised of AMSA, WEF, and EPA will be meeting in Denver, CO on January 14 and will include this issue as a discussion topic for coordinated efforts to address concerns with this proposal.
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