This Article provides an overview of the types of factors that may lead to the decertification of organic products, and the current regulatory scheme to evaluate and adjudicate potential violations. The underlying rationale for the enforcement of the Organic Foods Production Act of 1990 may lie in protection of the integrity of the product, as well as protection of the environmental system that is integral to its production. However, the risk factors for transitioning the U.S. food economy to a larger market share in order for organic food to reach a broader population could be an unintended disincentive. Part II of this Article discusses the origins of the organic movement. It also delineates the legal framework governing organic production in the United States—the Organic Foods Production Act and National Organic Program regulations. Part II also discusses the requirements and procedures governing the organic certification process, as well as who does and does not need to obtain certification. Lastly, Part II discusses the enforcement and appeals provisions set forth under the Organic Foods Production Act and National Organic Program regulations. Part III of this Article analyzes appeals to the National Organic Program, the majority of which involve the failure to comply with procedural requirements of the Organic Foods Production Act and implementing regulations and the use of prohibited materials in production. Part IV concludes with projections of the continued growth of the organic industry and the impact that various risk factors have on such growth.
Sara N. Pasquinelli,
One False Move: The History of Organic Agriculture and Consequences of Non-compliance With the Governing Laws and Regulations, 3 Golden Gate U. Envtl. L.J.