Cheating in the Certified Organic Program?

Think about this statement below!

You (the organic farmer or handler) voluntarily choose to enter the organic system, which is defined by federal law. Once you join, you are legally obligated to follow those rules. Any illegal act is both a violation of federal law and a breach of the organic community’s shared standards and trust.

In Texas, organic is a $1.5 billion dollar industry and growing – so if you cheat you not only break federal law and violate the organic communities shared standards and trust – you also jeopardize your own, and others, livelihood and earning potential. Add in the lost capital investment and years of development, and the costs could be in the billions just in Texas. Now add in the loss of consumer trust because of all the negative publicity and do we have an organic program left?

I have been approached by several farmers and industry folks alike, asking about rumors or telling me about direct observed cases of illegal actions taken by certified organic operations. Because I know, based on good testimony that illegal activity is taking place within the Texas organic program and amongst the Texas organic community; I am obligated to be proactive. This necessarily means I or anyone else who knows about illegal activity should let USDA National Organic Program know about this suspected illegal activity.

Under the updated USDA organic enforcement regulations, the maximum civil penalty for knowingly selling or labeling products as “organic” in violation of the Organic Foods Production Act (OFPA) has a maximum of $22,974 per violation. This amount comes from the federal civil penalty provisions in the regulations (7 C.F.R. 3.91(b)(1)(xxxvi)). This means that although a chemical or ingredient you use may be legal in conventional production – it is not legal to sell that product as organic and doing so can mean +/- $22,974 per violation (per truck load sold, per farm, per buyer, etc.). Also, you could face jail time if there is a case of fraud.

If you haven’t been caught, YET! Now might be a good time to stop!!!