California bill strengthens organic oversight

Sacramento-A bill that has passed the California legislature and is awaiting Gov. Arnold Schwarzenegger’s signature is a good start in protecting against the recent fertilizer fraud that jolted the organic farming industry, according to industry representatives. Approved in the aftermath of the controversy touched off by two manufacturers “spiking” their products with chemical nitrogen, Assembly Bill 856 is being viewed as a step in the right direction by giving the California Department of Food and Agriculture the authority to inspect bulk fertilizer to protect against such practices. Steve Lyle, spokesman for CDFA, which sponsored the bill, told Green Markets that it sets up a registration and enforcement process for bulk fertilizer materials, which was at the center of the controversy. Penalties will be increased and new fees imposed to raise as much as $416,000 annually for enforcement. Dave DeCou, executive secretary of the Organic Materials Review Institute, remarked that “inspecting a plant will provide only a portion of the information needed to be confident that a particular product is acceptable for use on an organic farm. The ingredients which a manufacturer combines must be themselves compliant, and that is not always clear from an invoice.” Jane Baker, spokeswoman for California Certified Organic Farmers, said her organization was actively involved in the development of AB856 and “fought hard for the bill.” She said a letter had also been sent to the governor urging him to sign this bill. Baker emphasized that the measure will “strengthen CDFA’s authority over fertilizer contents and labeling, ramp up inspection and enforcement, and assess penalties for mislabeled products and fraudulent activities.” To date, no penalties have been assessed against the two companies implicated in fertilizer fraud. While California Liquid Fertilizer was ordered to pull its product from the market, it remained in business and was not otherwise penalized. At last word, the second company found to be “spiking” fertilizer in the Kern County area was under federal investigation, but no findings have been disclosed as yet.