The Organic Foods Production Act of 1990 (OFPA) is a U.S. legislation enacted as part of the Food, Agriculture, Conservation and Trade Act of 1990. Its purpose is to establish a uniform regulatory framework for the production, handling and marketing of organic products, ensuring their quality and integrity through national standards and a robust certification system. The Act seeks to encourage the production and marketing of organic foods, providing confidence to both producers and consumers, and facilitating interstate commerce of these products. To this end, it seeks to:
- Establish national standards for agricultural products marketed as organic.
- Guarantee consumers that products labeled as organic meet uniform standards.
- Facilitate interstate commerce in organically produced fresh and processed foods.
Key points of the law
- Organic certification: Any product labeled organic must be produced under a certification system supervised by accredited agents.
- Agricultural production: Organic agricultural products must be grown without synthetic chemicals, except for approved exceptions, and no prohibited substances may have been applied to the soil for at least three years prior to harvest.
- Livestock production: Requires animals to be raised with practices that ensure their welfare, fed with organic fodder and without the routine use of growth hormones or antibiotics. It also includes specific guidelines for organic milk production and poultry care.
- Soil management: Soil fertility is promoted through sustainable practices such as crop rotation and regulated use of manure.
- Handling and processing: Products must be processed without non-permitted additives and meet strict standards to avoid cross-contamination.
- Optional state program: States may implement more stringent certification programs if approved by the United States Department of Agriculture (USDA).
- National List: Defines permitted and prohibited substances for organic production and management.
- Enforcement and Sanctions: Imposes penalties on those who fail to comply with the standards or fraudulently label products as organic.
- National Organic Standards Board: A board advises the Secretary of Agriculture on implementation of standards and review of approved substances.
National Organic Standards Board (NOSB)
OFPA creates the NOSB, an advisory board composed of producers, processors, scientists and consumers. Its functions include:
- Developing recommendations for the National List of Allowed and Prohibited Substances.
- Advise on sustainable agricultural practices and exceptional rules in emergency situations.
- Providing guidance on residue testing and input management.
National List of Permitted and Prohibited Substances.
The USDA maintains a list that includes:
- Synthetic substances permitted under specific circumstances, such as pesticides derived from naturally occurring compounds;
- Naturally occurring substances prohibited if their use is detrimental to health or the environment.
This list is reviewed regularly by the National Organic Standards Board (NOSB), which advises the Secretary of Agriculture on substances that may be included or removed.
Compliance and Sanctions
The OFPA includes strict provisions to ensure compliance:
- Financial penalties: Fines of up to $10,000 for falsely labeling products as organic.
- Debarment: Producers or certifiers who violate the standards can be suspended for up to five years.
- Oversight: Certifying agents are required to report violations and keep detailed records.
Conclusion
The Organic Foods Production Act of 1990 is a key piece of legislation for the development of organic agriculture in the United States. Its implementation ensures uniform standards that protect the integrity of organic products and promote consumer confidence. By regulating all aspects of production, processing and marketing, OFPA strengthens the organic marketplace, promotes agricultural sustainability and establishes a model that inspires similar regulations globally.
