"I" vegetables, UglyRipe again and an organic rule

I was skimming a blog this morning, which was flagged in a Google alert as having relevance to "fruits and vegetables" Not so much, but it was was mildly entertaining.

The blogger, a mom, wrote:

Did you ever notice that there are no fruits that start with the letter I? Yeah, me neither, until my daughter was assigned a science project where she has to cut out pictures of fruits or vegetables, one or two for each letter of the alphabet.

She went on to describe her search for "I", "Q" and "X" fruits and vegetables on the Web, made possible only by the wonders of Google. She searched to find the Brazilian Ice Cream Bean and satisfyingly pronounced herself Google Queen. Another consumer overlooking iceberg lettuce?



More substantial news.... Today's Federal Register contains another rule about the UglyRipe, this one providing the marketing order "shape" exemption for imported UglyRipe tomatoes.

The AMS also issues a rule for the National Organic Program, establishing guidelines on procedures for submitting National List petitions.

The National List identifies the synthetic substances that may be used and the non-synthetic substances that may not be used in organic production. The National List also identifies synthetic and non-synthetic substances that may be used in organic handling. This notice provides guidance on who may submit petitions, what substances may be petitioned and the information that is required to be included within a submitted petition. Additionally, this notice establishes new commercial availability evaluation criteria that will be applied during the petition review of non-organic agricultural substances for inclusion onto or removal from Sec. 205.606 of the National List.

Why is this important? The USDA said some handlers and certifiers have misinterpreted regulations to mean that any non-organic agricultural product which was determined by an accredited certifying agent to be not commercially available in organic form could be used in organic products --- without being individually listed. Not so fast.
In January 2005, the First Circuit decision in Harvey v. Johanns held that such an interpretation is contrary to the plain meaning of the Organic Act and said no such blanket exemption to the list requirements would be afforded.

A new rule was previously published that clarifies that the section shall be interpreted to permit the use of a non-organically produced agricultural product only when the product has been listed pursuant to National List procedures, and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available.

As a result, industry information provided to the NOP indicates that there may be many non-organic agricultural substances that are being used in organic products which will render currently certified products in non-compliance when the court final order and judgment on Harvey v. Johanns becomes fully effective on June 9, 2007.

These new guidelines may get quite a workout in the months ahead.