Harvey v. Veneman and the National Organic Program: A Legal Analysis

Description

The First Circuit’s ruling in Harvey v. Veneman brought much attention and uncertainty to the U.S. Department of Agriculture’s National Organic Program. In the case, Harvey alleged that multiple provisions of the National Organic Program Final Rule (Final Rule) were inconsistent with the Organic Foods Production Act of 1990 (OFPA). The First Circuit sided with Harvey on three counts, putting into question the use of synthetics and commercially unavailable organic agricultural products, as well as certain feeding practices for dairy herds converting to organic production. On remand, the district court ordered a two-year time frame for the implementation and enforcement ... continued below

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Vina, Stephen R. November 18, 2005.

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The First Circuit’s ruling in Harvey v. Veneman brought much attention and uncertainty to the U.S. Department of Agriculture’s National Organic Program. In the case, Harvey alleged that multiple provisions of the National Organic Program Final Rule (Final Rule) were inconsistent with the Organic Foods Production Act of 1990 (OFPA). The First Circuit sided with Harvey on three counts, putting into question the use of synthetics and commercially unavailable organic agricultural products, as well as certain feeding practices for dairy herds converting to organic production. On remand, the district court ordered a two-year time frame for the implementation and enforcement of new rules consistent with the ruling; however, in the FY2006 agriculture appropriations act (P.L. 109 97), Congress amended the OFPA to address the holdings of the case. This report describes the OFPA, discusses those holdings where the court determined that a provision of the Final Rule was inconsistent with the OFPA and analyzes the most recent legislative action.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1970's through the present--covering a variety of topics from agriculture to foreign policy to welfare.

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  • November 18, 2005

Added to The UNT Digital Library

  • June 20, 2007, 2:39 p.m.

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  • Feb. 10, 2017, 12:45 p.m.

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Vina, Stephen R. Harvey v. Veneman and the National Organic Program: A Legal Analysis, report, November 18, 2005; Washington D.C.. (digital.library.unt.edu/ark:/67531/metacrs10111/: accessed November 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.