sushimimi

Feds sued for shutting cosmetics out of organic program

WASHINGTON, DC, June 14, 2005 (ENS): A consumers group and an organic soap company are suing the U.S. Department of Agriculture (USDA) to keep access to the National Organic Program for qualifying non-food products.

The Organic Consumers Association and Dr. Bronner's Magic Soaps / Dr. Bronner's & Sun Dog's Magic, makers of certified organic food grade lotions, lip balms and body balms, jointly filed the lawsuit in federal court today.

The complaint filed in the U.S. District Court for the District of Columbia seeks a court order to stop a new USDA policy that attempts to ban any labeling or marketing of products that are certified to comply with the National Organic Program (NOP) standards.

The new policy will go into effect on October 21, unless the court rules in favor of the plaintiffs.

"It is our responsibility to fight the USDA's illegal policy which discourages organic farming, wipes out millions of dollars in investment in certified organic non-food products and violates basic rule making procedures in the Administrative Procedures Act," says Ronnie Cummins, founder and national director of the Organic Consumers Association.

In a foundational May 2002 Policy Statement on the scope of the National Organic Program, the USDA made clear that producers of non-food products such as personal care containing agricultural ingredients "are eligible to seek certification under the NOP."

Based on this "Policy Statement," Dr. Bronner's and other producers of body care products and other non-food products such as pet foods invested in sourcing and formulating with NOP certified organic ingredients. They sought and obtained certification under the NOP, which allowed them to label and market their products as certified "organic" or "made with organic" under the NOP and use the organic seal.

Certifying agencies understood the Policy Statement to authorize such certification.

In April 2004, the USDA issued a Guidance Statement reversing this position and indicating that producers of personal care products would not be eligible to seek certification.

A month later due to consumer and industry outcry, that Guidance Statement was rescinded by then Secretary of Agriculture Ann Veneman.

But last month, the USDA issued an informal "response" to a statement of the National Organic Standards Board and, in that response, indicated again that personal care products are not eligible to be labeled in accordance with the National Organic Program.

The newest USDA policy mirrors the rescinded Guidance Statement, and contradicts the foundational 2002 USDA policy that formally invited body care companies to invest in certifying National Organic Program qualified products, the lawsuit claims.

David Bronner, president of Dr. Bronner's Magic Soaps, said, "Having issued a policy statement intended to have a binding effect, on which Dr. Bronner's and other companies justifiably relied, NOP cannot suddenly, without notice or opportunity for comment, adopt a new policy and purport to make it enforceable against producers of personal care products."

"We have been advised that, under well established principles under the Administrative Procedure Act, to adopt such a change in its previously established policy, USDA is required to proceed by notice and comment rulemaking," he said.

Lynn Betz, co-founder and president of Sensibility Soaps, Inc. said, "As a certified processor under the USDA NOP since July 2003, our company developed 21 personal care products, which were certified "organic" by PA Certified Organic using the current NOP food standards."

"Since the scope of the NOP included personal care products, and products carrying the seal were legitimately certified, why should these products now be excluded?" she asks.

"Organic olive oil does not become magically non-organic when used in a lotion instead of a salad dressing," said Bronner. "Consumers and retailers want personal care that is nothing less than organic food for the skin. High quality certified organic body care products like ours should be distinguishable from low-quality so-called "organic" personal care that is based on standard conventional synthetic ingredients."

Questions or Comments: editor@ens-news.com

Copyright Environment News Service (ENS) 2005. All Rights Reserved. http://www.ens-newswire.com/ens/jun2005/2005-06-14-09.asp#anchor4

Feds sued for shutting cosmetics out of organic program

WASHINGTON, DC, June 14, 2005 (ENS): A consumers group and an organic soap company are suing the U.S. Department of Agriculture (USDA) to keep access to the National Organic Program for qualifying non-food products.

The Organic Consumers Association and Dr. Bronner's Magic Soaps / Dr. Bronner's & Sun Dog's Magic, makers of certified organic food grade lotions, lip balms and body balms, jointly filed the lawsuit in federal court today.

The complaint filed in the U.S. District Court for the District of Columbia seeks a court order to stop a new USDA policy that attempts to ban any labeling or marketing of products that are certified to comply with the National Organic Program (NOP) standards.

The new policy will go into effect on October 21, unless the court rules in favor of the plaintiffs.

"It is our responsibility to fight the USDA's illegal policy which discourages organic farming, wipes out millions of dollars in investment in certified organic non-food products and violates basic rule making procedures in the Administrative Procedures Act," says Ronnie Cummins, founder and national director of the Organic Consumers Association.

In a foundational May 2002 Policy Statement on the scope of the National Organic Program, the USDA made clear that producers of non-food products such as personal care containing agricultural ingredients "are eligible to seek certification under the NOP."

Based on this "Policy Statement," Dr. Bronner's and other producers of body care products and other non-food products such as pet foods invested in sourcing and formulating with NOP certified organic ingredients. They sought and obtained certification under the NOP, which allowed them to label and market their products as certified "organic" or "made with organic" under the NOP and use the organic seal.

Certifying agencies understood the Policy Statement to authorize such certification.

In April 2004, the USDA issued a Guidance Statement reversing this position and indicating that producers of personal care products would not be eligible to seek certification.

A month later due to consumer and industry outcry, that Guidance Statement was rescinded by then Secretary of Agriculture Ann Veneman.

But last month, the USDA issued an informal "response" to a statement of the National Organic Standards Board and, in that response, indicated again that personal care products are not eligible to be labeled in accordance with the National Organic Program.

The newest USDA policy mirrors the rescinded Guidance Statement, and contradicts the foundational 2002 USDA policy that formally invited body care companies to invest in certifying National Organic Program qualified products, the lawsuit claims.

David Bronner, president of Dr. Bronner's Magic Soaps, said, "Having issued a policy statement intended to have a binding effect, on which Dr. Bronner's and other companies justifiably relied, NOP cannot suddenly, without notice or opportunity for comment, adopt a new policy and purport to make it enforceable against producers of personal care products."

"We have been advised that, under well established principles under the Administrative Procedure Act, to adopt such a change in its previously established policy, USDA is required to proceed by notice and comment rulemaking," he said.

Lynn Betz, co-founder and president of Sensibility Soaps, Inc. said, "As a certified processor under the USDA NOP since July 2003, our company developed 21 personal care products, which were certified "organic" by PA Certified Organic using the current NOP food standards."

"Since the scope of the NOP included personal care products, and products carrying the seal were legitimately certified, why should these products now be excluded?" she asks.

"Organic olive oil does not become magically non-organic when used in a lotion instead of a salad dressing," said Bronner. "Consumers and retailers want personal care that is nothing less than organic food for the skin. High quality certified organic body care products like ours should be distinguishable from low-quality so-called "organic" personal care that is based on standard conventional synthetic ingredients."

Questions or Comments: editor@ens-news.com

Copyright Environment News Service (ENS) 2005. All Rights Reserved. http://www.ens-newswire.com/ens/jun2005/2005-06-14-09.asp#anchor4

In an attempt to 'get local', one issue I'm aware of in my area is BFI - the Sunshine Dump located in Granada Hills, CA, USA - generally, the Los Angeles area.

Here's the history of how it came to be, and it's legal issues.

www.NoDump.com

To find your Council District go to http://citycouncil.cityofLA.org/

And to write to contact City Hall:

City Hall East

200 N. Main Street

Los Angeles, CA 90012

To call City Hall toll-free from the Valley (818)756-8121; from the Westside (310)575-8321; and from the Harbor (310)548-7721

- According to the Environmental Impact Report, the adverse air emissions cannot be mitigated. Small particulate emissions are responsible for serious heart and lung disease.

- All of Los Angeles' water supply is stored uncovered, post-filtered approximately 1,500 feet from the dump.

- Lopez Canyon Landfill was closed because of the terrible impacts to the community (it only took about 4,000 tons of trash per day). The expanded Sunshine Canyon Landfill could take 17,500 tons per day when combined with the County expansion, up to 8 tons of it toxic - all in an earthquake zone.

- In 1991 the City promised to close the dump and turn it into recreational space. To expand the landfill back into the City, BFI has requested and been granted a zone change from open space to heavy industrial, which will preclude recreational use forever.

I'm going to check to see if there's any need of help/support in addressing the issues regarding this place.

Greenpeace Blog - Day #1:

Didn't know they had free blogging.. cool! 8) ... uh, although even my few years of webdesign seem to not be enough to figure out how to use these tags. wow. 8p

I'm a daily LiveJournal blogger and today, I discovered that the GP site has RSS feeds. I arranged for the "Online Action" and "Latest News" feeds to be syndicated on LJ. Go me! LOL 8)

I have many friends who are very politically aware of what's going on and have come to see what goes on behind the scenes as such a discouragement to no longer see the point in voting, in taking action, in anything. Many intelligent, caring people.. suffering from disillusionment.

I'm not well versed in politics at all, but follow my heart to tell me what is and isn't right. I listen to speakers and activists when at all possible on independent stations like KPFK here in Los Angeles, and do support those lines of public communication in staying alive and available.

On a private snicker too, I thought of how coincidental when one of my friends who for all other aspects of his personality and character make up for his Republican edged blogging, deleted his journal entirely soon after the Downing Street Memo came out as well as the Bush Administration's Global Warming denial came out--a crisis that he was so adamant in sprending denial propaganda as well. Hahaha!!! Oh, I love it. 8)

On a more personal level, I've reached a point in life where the need to feel 'connected' has become terribly apparent. And thankfully, such communities as public radio news, Greenpeace, Sierra Club, PETA and various volunteer organizations provide a multitude of choices of how to forge that connection.

Granted, not all organizations are perfect nor do I necessarily agree with all their philosophies, but there is something utterly remarkable so many of us yearn for.. the passion in the heart behind the intent.

We, as in, we--the synergistic parts that make up the wonderous, living organism called Earth--are still breathing. And we must, each coming day, take even deeper breaths to focus and create our future.

Yes, today is the first day of the rest of our lives. Glad to see you all here!

AUM