California state and industry regulators were notified of the possibility of another organic fertilizer manufacturer “spiking” its product with unauthorized ingredients in 2007, about the same time California Liquid Fertilizer (GM Jan. 26, p. 1, Jan. 5, p. 10) was being investigated for the same reason, Green Markets has learned. At that time, Kern County inspectors found aqueous ammonia among other chemicals stored at Port Organics Products in Bakersfield and not reported as required by state law, Kern Environmental Health Director Matt Constantine told GM.
“One of the chemicals we identified was aqueous ammonia we suspected was used in the manufacturing of their product, but we were not certain,” Constantine reported. He said he was not an expert in organic practices, but agreed that it was safe to assume that the chemical was there for that purpose. He said he told the media at first that the department had not reported the discovery to other agencies, but that “subsequent review revealed that we had had contact with Organic Materials Research Institute, the California Certified Organic Farmers, and the California Dept. of Food and Agriculture.” He said he was unaware of that until recently finding out that a member of his staff made those contacts in 2007 following the county’s investigations. To his knowledge, he added, his department didn’t hear back from any of the three agencies.
Constantine also disclosed that his department participated with FBI agents in the raid late last month on Port Organics (GM Jan. 26, p. 11), but declined to provide any details. As is customary, FBI agents were not talking about the search of the properties, and Constantine said he was obligated to protect their confidence.
The raid does, however, raise questions about who’s in charge of enforcement in California. The California Dept. of Food and Agriculture, which is responsible for verifying – but not certifying – fertilizer content, declined to comment since the agency may be the focus of a U.S. Dept. of Agriculture investigation. CDFA spokesman Steve Lyle issued a one-sentence statement that said “we are cooperating with federal agencies but cannot disclose details because of an ongoing investigation nor comment directly on that report.” Lyle also said he could not confirm reports that state fertilizer inspectors may get additional auditing powers, and the state Senate Food and Agriculture Committee has scheduled a hearing on the issue Feb. 3.
At the same time, the Organic Materials Research Institute (OMRI), an industrial entity that certifies and decertifies, reported that Port Organics “was on its radar,” but was not aware, nor was it involved in, the FBI raid in Bakersfield. OMRI has announced new measures to strengthen the certification process, while California Certified Organic Farmers (CCOF), which also has certification responsibility, announced it was mandating inspections of fertilizer makers that sell to its clients.
The possibility of an investigation of CDFA’s handling of the California Liquid Fertilizer matter was raised by officials with USDA’s Agricultural Marketing Service, which reported that they are looking into why it took more than two years to force the removal from the market of illegal organic fertilizer that contained ammonium sulfate to boost nitrogen content. Spokeswoman John Shaffer also said that the National Organic Program, which is administered by AMS, is working with California to review and strengthen the state’s organic program. Shaffer told the press the failure of the state agency to act quickly against the supplier could lead to federal disciplinary action. She said a complaint was filed with the USDA over the state’s handling of the probe, and as a result AMS requested the state provide a history and timeline of the investigation.
OMRI Executive Director Dave DeCou said more certification verification control points had been installed, including the requirement for every client to sign a binding contract that forbids any company found guilty of product misrepresentation from reapplying for one year. In addition, onsite inspectors will determine whether facilities are capable of what they claim in their application. All clients also will be required to maintain and open their records to an OMRI auditor. The onsite records establish whether they have received and paid for sufficient quantities of compliant ingredients to make the amount of finished product sold and stored.
CCOF also said it is working directly with manufacturers and compliance and inspection bodies to ensure that the highest level of verification and implementation of the National Organic Program are met to protect its growers, consumers, and the organic community. Use of all Port Organic products also has been banned effective Jan. 23.