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Corporate agribusinesses are playing fast and loose with the rules by choosing friendly compliant certifiers—and when they are caught in the act, the USDA often fails to take action.
Some of the oldest and largest U.S. Department of Agriculture-accredited certifiers have partnered with corporate agribusiness to change the working definition of organics, allowing large livestock factories; certified, uninspected imports; and soilless hydroponic produce grown in giant industrial greenhouses to be certified organic.
Organic certifiers are mixing lobbying, marketing, and activism with their certification responsibilities, and taking payola from the clients they certify. They are also certifying “producer groups” in Eastern Europe, Central America, and Asia without inspecting and certifying each individual farm.
This is against the law and an egregious conflict of interest—and it’s crushing U.S. farmers in the marketplace while raking in billions of dollars in profit for these large certifiers.
The corrupt practices employed by these certifiers have left authentic organic farmers, who focus on sound soil stewardship and humane animal husbandry based on pasture, highly disadvantaged in the marketplace.
In 1990, Congress passed the Organic Foods Production Act (OFPA), tasking the USDA with oversight of dozens of certifiers to ensure their independence and harmonization of standards.
Fast forward to today and the USDA is now allowing a handful of the largest certifiers to collude with corporate agribusiness to industrialize or import the organic food supply at the expense of high standards and the livelihoods of U.S. farmers who adhere to them.
As executive director of OrganicEye, an organic industry watchdog, I’ve witnessed family-scale organic farmers who abide by the USDA’s organic standards get crushed in the marketplace by dubious organic imports allowed into the U.S. without the certification or inspection that federal law requires.
In September, OrganicEye requested that the USDA Office of Inspector General investigate the National Organic Program for failing to prevent corporate influence—including financial payments made to certifiers over and above inspection fees—and failing to enforce other USDA regulations that prevent conflicts of interest, thus lowering the quality of certified organic food.
OrganicEye recently filed a third formal legal complaint against a certifier, Florida Organic Growers (FOG), and their certification arm, Quality Certification Services (QCS), for accepting contributions, conference sponsorships, and other payments over and above certification fees from operations they oversee.
FOG has joined two of the other largest “independent” certifiers in the country, California Certified Organic Farmers (CCOF) and Oregon Tilth, in selling out hard-working produce and livestock farmers by certifying giant industrial operations, many allegedly flagrantly breaking the law. Legal complaints against all three are currently pending.
When money changes hands between agribusiness clients and the profiting organizations that certify them, we call that “payola,” classically defined as corruption. These certifiers are acting as agents of the USDA. And the regulators in Washington responsible for auditing them are looking the other way.
Large organic certifiers should not be partnering with corporate agribusiness and cashing in on the growth of organics, especially while other certifiers are upholding the traditionally high standards.
In its first action to reign in certification abuses, OrganicEye filed an administrative law complaint against CCOF, the nation’s largest certifier, in November 2023 to address this out-of-control certification system.
We’ve seen organizations like CCOF, Oregon Tilth, and FOG morph from being among the founding farmer-led groups facilitating the growth of organic farming in the U.S. to multimillion-dollar business enterprises certifying multibillion-dollar corporate agribusinesses.
Recent IRS filings show these certification giants have reaped tens of millions of dollars a year in revenue while “masquerading” as tax-exempt public charities, with the vast preponderance of income derived from service fees paid by their business clients.
In addition to the controversies surrounding certification of livestock factories, a number of prominent certifiers, along with the industry’s primary lobby group, the Organic Trade Association, executed a stealthy campaign in 2017 that resulted in regulators allowing mammoth hydroponic greenhouses (soilless production) to be certified as organic, despite statutory and regulatory language requiring careful soil stewardship before a farm can be certified as organic under the USDA program.
That rich, organically-curated soil microbiome is the foundation of organic farming practices, resulting in superior nutrition density and flavor. That’s lacking in hydroponics, which uses liquid fertilizers derived from materials like conventional soybean meal.
The corrupt practices employed by these certifiers have left authentic organic farmers, who focus on sound soil stewardship and humane animal husbandry based on pasture, highly disadvantaged in the marketplace. With many small organic farms struggling economically—and hundreds more being forced out altogether—the devastating impacts are clear.
It doesn’t have to be this way. And not all certifiers are behaving badly.
For example, Maine Organic Farmers and Gardeners Association is universally viewed as one of the most ethical certifiers. They do not approve hydroponic greenhouses or factory farms as organic.
Since OrganicEye began publishing its research concerning alleged improprieties at the nation’s largest certifiers, we have received numerous inquiries from farmers indicating interest in switching certifiers.
We hope that our research inspires ethical farmers and certified organic business operations to consider switching their allegiance and economic patronage to certifiers who share their values and interpretations of federal law.
In the meantime, consumers and eaters can use the same guide that we have prepared for farmers to help identify some of the most creditable organic food in the marketplace. Federal law requires every package with the word “organic” on the front label to include the name of the certifier supervising the production process. This is commonly found on the back or side panel near the ingredient list.
With the USDA delegating so much authority to certifiers, there are now effectively two organic labels: corporate brands affiliated with OTA lobbyists and certified by their members, motivated by profit and industry growth, and other ethical brands that have not lost touch with the foundational precepts of the organic movement.
OrganicEye is offering free consulting and other resources to farmers around the country who are switching their patronage to certifiers who share their values rather than undercutting their livelihoods.
if we really want safety—for farmers’ finances and the environment—we ought to work more on promoting regional and local seed varieties instead of looking to multinational corporations for guidance.
The precautionary principle—the ethical equivalent of the common sense notion that it’s “better to be safe than sorry”—means that when some economic or policy change may endanger the public, business and government leaders ought to thoroughly conduct research so as to avoid exposing anyone to unnecessary risks.
Unfortunately, with our food system, our government continues to ignore ethics and common sense, recently approving as “safe for breeding and growing” a new genetically modified (GM) variety of wheat—HB4. Copying and combining certain genes from sunflowers to create this new variety, HB4 is not only pitched to farmers as a tool they could use to battle our ever increasingly dire climate crisis, but also to increase yields.
The truth is another, as this latest proposed tech solution to address our climate crisis stands to improve the financial situation of agribusiness corporations more than farmers, while also likely harming our environment instead of helping it. Not only should the U.S. Department of Agriculture (USDA) rethink their decision, but our officials ought to instead support publicly financing regional and local varieties of seed. Strengthening key provisions of the Farm Bill that is currently in Congress could make such proposals a reality.
We need to develop diverse kinds of seeds that suit different ecosystems instead of global “one size fits all” varieties like we find with GM options.
The overarching problem with HB4—particularly for U.S. farmers—is economic.
According to USDA data from the past 25 years, operating costs for wheat farmers have more than tripled in terms of dollars spent per acre—increasing from just over $57 in 1998, to more than $187 in 2023. Also during this time, while the input cost of seed has more than doubled, going from $7 to $16, chemicals have tripled, climbing from $7 to $22. Fertilizer expenses have risen the most—going from $18 to over $78—representing nearly half of what farmers spend per acre.
Wheat is more than a crop, or ingredient that ends up in bread, but an industry, with chemical, fertilizer, and seed companies each clawing for a share.
Meanwhile, wheat prices in our global marketplace have been volatile. The 28% price jump that farmers experienced in the first months of Russia’s invasion of Ukraine in 2022 quickly stabilized thanks to the Black Sea Grain Initiative—the plan that allowed grain to leave the region for a time until Russia left the agreement in 2023—and different countries easing their export restrictions. Prices then fell, as Ukraine, regularly one of the world’s top wheat exporters, saw its production rebound to pre-invasion levels. Russia’s 2023-2024 exports also exceeded expectations, increasing by 7% over the prior year, making this country the world’s leader in export sales by far.
Meanwhile, the U.S.’ share of wheat exports has steadily fallen for decades, from about 45% in 1980 to just over 15% in 2014. With worldwide production increasing, U.S. wheat farmers may take a loss in 2024.
Maintaining open export markets for wheat can spell the difference between financial life or death for U.S. farmers. On this point, there is no indication that world markets are currently willing to accept HB4, as major international buyers of U.S. wheat have not approved it. With contamination of non-GM wheat a problem that we have been aware of for years, we need to be careful as U.S. farmers can only sell what importers will accept.
The other issue with HB4 wheat is that the seed not only resists drought, but also glufosinate herbicides. Farmers who purchase the seed will have to buy this chemical, in addition to fertilizer. And despite what the USDA claims about safety, studies show that this class of herbicides is toxic to wildlife and humans.
Overall, in addition to potential environmental harm, we have a case of the “price-cost” squeeze that farmers suffer too often, with the inputs that they need taking a significant chunk of their earnings, while the prices that they receive for their labor either shrinking or fluctuating in ways that are largely out of their control.
Accordingly, if we really want safety—for farmers’ finances and the environment—we ought to work more on promoting regional and local seed varieties instead of looking to multinational corporations for guidance.
Both versions of our beleaguered Farm Bill contain such provisions, with the House and Senate versions of the legislation dedicating grant funding to the development of regional seed varieties (referred to as “cultivars” in the legislation).
The operative word here is “regional,” as grant funding may lead to the creation of new seed varieties that would be suited to particular areas and climates. Droughts in general entail a lack of water; but soil conditions and weather patterns vary significantly by region. As a result, we need to develop diverse kinds of seeds that suit different ecosystems instead of global “one size fits all” varieties like we find with GM options.
When the USDA decided that HB4 was “safe,” they must have left out considerations for farmer financial well-being and the environment. But our legislators can make up for this mistake with the Farm Bill—whether it emerges in a lame duck session this year following the elections in November or awaits our next Congress—taking heed of the risks that GM crops pose, and supporting more local and regional food system development.
Supporting such farmers would keep working people on the land while also showing what political maturity could look like as partisan squabbling too often stymies serious work from getting done in D.C.
Much has been made about how the U.S. House’s draft of the Farm Bill—that massive omnibus legislation that governs our food system—stands little chance of advancing. Whether the potential cuts to food assistance, or its lack of attention to climate change, the 900 page-plus bill moving through the House is being slammed by Democrats in the Senate and House alike.
Posturing from both sides aside, Democrats and Republicans should work across differences and pass a Farm Bill before electoral campaigns in the fall put legislative activities on hiatus.
Furthermore, the opportunity for bipartisan work exists as both parties acknowledge the importance of small-scale producers. Supporting such farmers would keep working people on the land while also showing what political maturity could look like as partisan squabbling too often stymies serious work from getting done in D.C.
Let’s be clear—there is more than enough in both the Senate and House proposals for our legislators to find common cause.
Before parsing details, it’s worth noting how Farm Bill negotiations are on borrowed time. Originally set to expire last September, U.S. President Joe Biden signed a one year extension as negotiations stalled amid the government shutdown debate.
Kicking the legislative can down the road, so to speak, may also have been part of each party’s respective legislative strategies. Basically, the idea is that if one party could win the presidency, and also earn majorities in both houses of Congress this fall, then legislative work would be easy in 2025 and beyond.
But the reality of our divided body politic will most likely dash such naive hopes of legislative smooth sailing.
Specifically, polls show the race for the White House in a dead heat, as control in the Senate and the House could go to either party. Moreover, there is no path for either party to garner 60 seats to create a filibuster-proof supermajority that is needed to pass legislation without opposition in the Senate.
Given that divided government is more than likely, our legislators should pass legislation to govern our food system instead of continuing to procrastinate.
Furthermore, such work is needed, as the 2022 Agricultural Census showed farm exits picking up pace. From 2012 to 2022, over 200,000 farms—nearly 10% of operations from just 10 years ago—went out of business. Meanwhile, farmers are aging out of the profession, with the average age ticking up from 57.5 to 58.1 since 2017, as operations consolidate and increase in size.
Enduring the brunt of these changes are small-scale operations, which in general are the most vulnerable financially speaking and at risk of leaving the industry. Keeping them in operation is key for supporting local economies, as well as protecting natural resources.
In terms of the legislation that would keep small-scale farmers on the land, while we do not have full text of the Senate version, there is a list of proposals that most likely will appear in some bill text. One provision dedicates 10% of Environmental Quality Incentives Program (EQIP) funds—a program that specializes in sustainable agriculture—for small-scale producers. The Senate also establishes a program for the Secretary of Agriculture to make grants to small meat processing establishments for local markets and producers.
The Senate proposal also creates the Office of Small Farms.
For this proposal, a newly appointed director would advise the Secretary of Agriculture and coordinate U.S. Department of Agriculture activities concerning programs, policies, and issues relating to small-scale farmers and ranchers. Each state would also have a coordinator from this office, along with $5 million for microgrants.
On the House side, similar language in support of small-scale operators is found in supporting local processing establishments with the inclusion of the H.R.2814—the Processing Revival and Intrastate Meat Exemption Act or the PRIME Act. There is also H.R.4873—the Food Supply Chain Capacity and Resiliency Act—which would support new investments in food processing, storage, and distribution.
While the House does not earmark EQIP resources for small-scale producers, leaders in the lower chamber in their summary note how they intend to keep the program farmer-led and local.
Let’s be clear—there is more than enough in both the Senate and House proposals for our legislators to find common cause. As with all serious legislation, compromises will be made. Republicans will most likely budge on food assistance, as Democrats may pare down some of their asks for new offices and resources. But such deals are made in a world where differences exist. Our Farm Bill could serve to illustrate that point, not only for those interested in the future of agriculture, but for how to move past gridlock and get things done.