[Market-farming] Market-farming Digest, Vol 54, Issue 17

SHEILA PAYNE srp75 at msn.com
Mon Jul 23 16:08:27 EDT 2007


I agree with Shanti.  However, our market has learned that you can have the word organic in your company name so long as you don't label your products as organic, claim to be organic or mislead through the use of the company name.  So "Joe's Organic Company" could sell conventionally grown corn.

USDA Q&A section:
>
> *Posted 11/12/02
> Q: How are producers whose company names include the term "organic" 
> affected by the NOP regulations? For example, could a company selling 
> organically produced vegetables call itself Blue Sky Organic? *
>
> *A: * The short answer is yes, as long as that company is not trying to 
> mislead by using that name. For a more thorough explanation, I refer you 
> to a pertinent section of the Preamble to the NOP regulations below:
>
> *Labeling - Changes Requested But Not Made*
>
> (1) _"Organic" in Company Names._ Many commenters stated that the term, 
> "organic," must not be used as part of a company name if the company does 
> not market organically produced foods. They are concerned that the term in 
> a company name would incorrectly imply that the product, itself, is 
> organically produced.
>
> While we understand commenter concerns, we do not know the extent of the 
> problem. We do not believe those concerns require such a prohibition in 
> the regulations at this time. These regulations may not be the best 
> mechanism to address the issue. Section 6519(b) of the Act provides the 
> Secretary with the authority to take action against misuse of the term, 
> "organic." USDA will monitor use of the term, "organic," in company names 
> and will work with the FTC to take action against such misuse of the term. 
> These determinations must be made on a case-by-case basis.
>
> http://www.ams.usda.gov/NOP/Q&A.html<http://www.ams.usda.gov/NOP/Q&A.html>

Sheila

----- Original Message ----- 
  From: whipstone at aol.com<mailto:whipstone at aol.com> 
  To: market-farming at lists.ibiblio.org<mailto:market-farming at lists.ibiblio.org> 
  Sent: Monday, July 23, 2007 11:38 AM
  Subject: Re: [Market-farming] Market-farming Digest, Vol 54, Issue 17


  You cannot use the word organic (with or without the words certified) unless you are certified by a USDA accredited certification agency. The one caveat is for very small producers who gross less than $5000 a year can use the word organic (with out the word certified) without being certified but you still must follow USDA rules and keep records.  OF course it would be easier on many of us to just use the word, but that is no longer an option. Stiff fines apply for using the O word when you aren't supposed to.  More info on the national organic program at www.ams.usda.gov/NOP/<http://www.ams.usda.gov/NOP/> your friends probably just aren't aware of the rules.  Also there are alternate programs such as Certified Naturally Grown (www.naturallygrown.org<http://www.naturallygrown.org/>) which gives you an application, rules to follow and marketing info to help explain it to your customers, but there is no cost t o the farmer.
  Shanti Rade
  Whipstone Farm Paulden, AZ
  (also an organic inspector)
  -----Original Message-----
  From: market-farming-request at lists.ibiblio.org
  To: market-farming at lists.ibiblio.org
  Sent: Mon, 23 Jul 2007 9:00 am
  Subject: Market-farming Digest, Vol 54, Issue 17


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Today's Topics:

   1. "organic" (Allan Balliett)


----------------------------------------------------------------------

Message: 1
Date: Mon, 23 Jul 2007 11:50:16 -0400
From: Allan Balliett <aballiett at frontiernet.net<mailto:aballiett at frontiernet.net>>
Subject: [Market-farming] "organic"
To: Market Farming <market-farming at lists.ibiblio.org<mailto:market-farming at lists.ibiblio.org>>
Message-ID: <p0623093fc2ca7e12310e@[192.168.254.4]>
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

It's been my understanding that 'they stole our word.'

Now knowledgeable people tell me that I can legally refer to my 
organically grown produce as 'organic' as long as I do not say 
'organically certified,' which I am not.

My question: is this true? I thought the USDA now 'owns' the word and 
that 'organic' legally means the same as 'organically certified by 
the USDA' if I use it in conjunction with produce. Since I am not 
USDA certified, I cannot use it.

If I could use 'organic' in my advertising, though, it would sure cut 
through a lot of workaround verbage.

Do you know? Who is right? Paranoid me or my new friends who say that 
'organic' is just fine for a non-certified farm?

Thanks -Allan


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