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
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/ your friends
probably just aren't aware of the rules. Also there are alternate
programs such as Certified Naturally Grown (
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)
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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>
Subject: [Market-farming] "organic"
To: Market Farming <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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