About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

47 Stan. J. Int'l L. 333 (2011)
Is USDA Organic a Seal of Deceit: The Pitfalls of USDA Certified Organics Produced in the United States, China and Beyond

handle is hein.journals/stanit47 and id is 339 raw text is: Is USDA ORGANIC A SEAL OF DECEIT?: THE PITFALLS OF USDA CERTIFIED ORGANICS PRODUCED IN THE UNITED STATES, CHINA AND BEYOND CHENGLIN LIu* American consumers' appetite for organic foods (organics) has dramatically increased since Congress passed the Organic Foods Production Act (OFPA) in 1990. Because the domestic organic food industry has been unable to meet the growing demand for these products, US. groceries have increasingly relied on imported organics. Studies show that 40% of organic foods consumed in the United States are imported from over 100 foreign countries. To regulate organic food production, the United States Department of Agriculture (USDA) accredits certifying agents, which in turn certify organic farms and handlers according to US. organic standards. Certifying agents can be state agencies or private enterprises, including foreign entities. In 2007, USDA-accredited agents certified 27,000 organic producers worldwide. This certification allows approved foreign products to bear the USDA Organic seal and freely enter the US. market. This article evaluates the trustworthiness of the USDA organic certification process. By using China as an example, the article offers a comparative assessment of the quality and safety of both domestically produced and Chinese produced organics in the US. market. In addition, the article discusses the USDA's failure to keep pace with the supervision of certifying agents, especially in China and other foreign countries. The article concludes that the current regulatory framework is not only inadequate to the task of regulating domestic organics, but also incapable of ensuring the integrity of imported organics. Thus, the USDA Organic seal misleads Professor of Law, St. Mary's University School of Law. I would like to thank Professor Kathy L. Cerminara of Nova Southeastern University School of Law for her helpful comments. I would also like to thank Bernie Kray and Sheila Via for their comments, editing, research and friendship. Of course, all errors remain mine alone. I am also grateful to Katy Stein and Stacy Fowler of the St. Mary's University Law Library for their excellent reference services. I also want to thank the editing staff of the Stanford Journal of International Law for their superb assistance. 333 47 STAN. J. INT'L L. 333 (2011)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most