According to the regulations, organic farmers and processors of organic products are required to prove they don't use GMO materials. When consumers see organic labels, they should be able to trust that those products are not contaminated. But the litigation trail suggests the USDA has been shirking its responsibility to keep that promise to consumers. This isn't a new problem, and it doesn't seem to be going away.
The case law is too voluminous to fully summarize or quantify. But let's take a bird's-eye view. As far back as 2003, a lawsuit alleged that the USDA's organic regulations were too lax and no longer carried the spirit of the original statute. In 2015, multiple groups charged the USDA with not following the required legal process before allowing synthetic pesticides into organic food production. In 2017, the USDA was back in court defending allegations of not implementing established standards for organic livestock.
Again in 2023, a lawsuit alleged the USDA was complicit in allowing grower groups to engage in sham organic certification processes. And those are just the headlines. There seem to be countless lawsuits and complaints against the USDA.
The record is clear that the USDA has failed at its oversight duties for more than 20 years. That's 20 years of not listening to the voice of the people who want organic labeling to mean something. Recently attention has turned to the USDA's blind-eye policy regarding GMO seed contamination of "organic" crops and the use of GMO vaccines in "organic" livestock.
Failure to Regulate Contamination
Weather, soil runoff, and wildlife can spread non-GMO seeds and inputs from neighboring farms. Organic growers should be proactive in putting preventative measures in place to prevent contamination and protect the integrity of their crops. But not all producers take such an initiative. When GMO contamination goes unchecked, it should lead to a farm losing its organic certification. But it often doesn't.
Take, for example, litigation targeting the USDA's deregulation of genetically engineered sugar beets. Multiple lawsuits charge the USDA with a lack of oversight when it comes to glyphosate-resistant sugar beets contaminating organic crops. This demonstrates a failure of the USDA to enforce required environmental assessments and take regulatory action. A lack of enforcement may allow negative impacts to consumer health and the environment.
Worst still, some lawsuits allege blatant and deliberate use of GMO vaccines in "organic" livestock. Numerous legal challenges and lawsuits are underway, alleging that the USDA has failed to oversee this issue, essentially turning a blind eye. Meanwhile, use of GMO vaccines undermines the entire principle of organic farming.
Negative Influences
One issue is politics. When the 1992 Organic Foods Production Act was first created, organic producers were small in number and scale. Since then, they have not only grown in size and number, but also networked into "grower groups" that seem to hold a great and dangerous influence on the USDA and related entities. Under pressure from producers, the National Organic Standards Board is considering an amendment that would actually allow use of GMO vaccines if there isn't a commercially available non-GMO alternative.
Citing this lack of transparency, the Center for Food Safety is pushing for better, more detailed GMO labeling. Consumers certainly deserve to be informed of GMOs in their food.
The Path To Real Oversight
To be fair, the USDA has implemented some measure aimed at strengthening oversight, but the volume of continued charges suggest this isn't nearly enough. The USDA needs to take greater initiative in protecting consumers. The mandatory environmental impact statements need to be completed, and "don't ask, don't tell" policies need to go. With continued pressure, and the high cost of litigation, the USDA would do well to further strengthen its oversight and enforcement, despite political pressure from farming groups.
Instead of lobbying for deregulation, these groups would also best serve themselves and the public by innovating to ensure they are producing uncontaminated organic food that consumers can feel good about.
At the end of the day, the guidelines to qualify for organic labeling need to be clear, and they need to be enforced. Afterall, what good is an Organic or Non-GMO label if it doesn't mean what it says?
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What to Remember: Multiple lawsuits allege the USDA knows about GMO contamination of "organic" foods but is still turning a blind eye. "Organic" livestock may be injected with GMO vaccines, unbeknownst to consumers. "Organic" produce may be contaminated by GMO seed crops because of their proximity to conventional farms. |
"Organic isn't a trend. It's a return to tradition." - The Farmacy
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References
Organic 101: What Organic Farming (and Processing) Doesn’t Allow
Time to Redefine Organic Agriculture: Can’t GM Crops Be Certified as Organics?
Lawsuit Alleges that the USDA has Turned a Blind Eye to Illegal Grower Group Certifications
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