QAI Challenges USDA's Organic Decertification Proposal

According to Quality Assurance International (QAI), a private, independent certifier of organic practices and products, the USDA's current proposal for decertification of organic growers and processors could erode consumer confidence in the organic label.

QAI has sent the USDA their position on that department's `Issue Paper 3', saying they believe strongly that, regarding the federal regulations for organic, both public and private certifiers in the U.S. must have the authority to suspend certification of a grower or processor immediately when practices are called into question.

The USDA, on the other hand, is proposing that suspension may not occur until "due process" has been completed: "USDA, acting directly or through accredited certifiers, cannot suspend or revoke a certification once granted without providing due process of law.... A certified entity must be afforded the opportunity for a hearing before certification can be suspended . . .," reads the USDA's Issue Paper 3.

According to Joseph Smillie, senior vice president of QAI, the group's position is based on consumer protection.

"We must not have our hands tied when guaranteeing organic authenticity to the consumer--the consumer has a right to protection and assurance of genuine organic food."

QAI's key issues with the USDA's position are:

1. USDA proposal does not protect the consumer from fraudulent practices in a timely manner.

2. USDA position could allow non-organic produce or product to move into the marketplace labeled as "organic" while due process occurs.

3. USDA process does not protect legitimate organic merchants, be they farmers, processors or manufacturers, from unfair or fraudulent competition.

4. USDA process would place QAI and other certifier seals in jeopardy in terms of consumer trust.

5. USDA proposal does not articulate annual renewal of certification, but implies certification for life unless suspended or revoked, thus weakening a certifier's ability to keep client entities in compliance.

While QAI agrees that certification is a property right and therefore due process must occur before certification is revoked, the company strongly argues for the certifier's right to immediately suspend. Current language in the USDA proposal would strip suspension authority away from the certifier and keep those arms of enforcement at the federal level, according to Smillie.

If an organic potato farmer in Idaho were caught using unapproved synthetic pesticides or herbicides, for example, the USDA plan would allow that farmer's potatoes to still be sold as "organic" while due process occurred. The length of time for investigation and due process is unclear.

QAI's position is to allow certifiers some type of suspension authority. For example, the same potato grower mentioned above would be given an immediate suspension and a `stop sale' order by QAI as the certifier. The grower would be allowed to continue to sell potatoes from the field(s) under investigation, but not as "organic."

"QAI is not demanding the right to decertification. We support the USDA having authority post-suspension of grower or processor, while a due process hearing occurs," said Smillie. "The critical component to keeping an organic label consumers will trust, is the certifier's right to suspend. Once suspended, we welcome the USDA to manage due process."

QAI believes certification must be an annual renewal as opposed to an ongoing "lifetime" certification in order to protect both consumers and organic merchants from fraud.

"We have proven through our current certification programs that immediate action to complaints of incompliance is critical in maintaining organic integrity," said Smillie.

Quality Assurance International is a private and professional certifier of organic foods, fibers and food products in North America. Currently, QAI independently verifies the authenticity of organic products for more than 500 certified entities and several thousand additional participating companies, such as co-packers, warehouses, packinghouses, manufacturers and distributors.