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Harvey v. Veneman

Citation: 35 ELR 20022
No. No. 04-1379, (1st Cir., 01/26/2005)

The First Circuit held that U.S. Department of Agriculture regulations that permit synthetic substances to be used in processing organic foods are contrary to the plain language of the Organic Foods Production Act. Similarly, provisions creating an exception to the Act's 12-month requirement for dairy herds being converted to organic production violates the Act. And the court remanded the first count of the challenger's complaint ordering the lower court to clarify that 7 C.F.R. §205.606 does not establish a blanket exemption to the national list of approved substances requirements for nonorganic agricultural products that are not commercially available. All other aspects of the regulations, however, were upheld.