Preserving Organic Compost Standards
Center for Food Safety successfully challenged USDA’s unlawful decision to allow pesticide-contaminated compost in organic production without public participation, protecting organic standards and preserving trust in the regulatory process.
What Is Organic Compost?
Certified organic farming relies on natural soil-building practices, including the use of compost made from approved plant and animal materials. Organic standards prohibit most synthetic pesticides and require practices that protect soil health, the environment, and consumer confidence.
Strong standards for organic compost help ensure that organic food is produced without prohibited pesticide contamination and in accordance with federal organic regulations.
Organic Compost Litigation
In 2015, Center for Food Safety, Center for Environmental Health, and Beyond Pesticides sued USDA for failing to follow the law when it made a substantial rule change that allowed pesticide-contaminated compost in organic production without public notice or rulemaking.
The lawsuit argued that USDA unlawfully ignored vital public participation and transparency requirements while weakening long-standing organic standards by creating a loophole allowing compost containing prohibited pesticide residues to be used in organic agriculture.
In a major victory, a federal court ruled that USDA did indeed violate the law when it issued the guidance and struck down the contaminated compost loophole.
The decision restored protections against pesticide contamination in compost used for organic production and reaffirmed the importance of transparency and public participation in organic policymaking.
Organic Compost and Our Work
The Organic label is built on consumer trust and strong standards that limit the use of synthetic pesticides and other prohibited substances.
Maintaining those standards ensures organic food is produced using practices that support environmental and human health. Strong organic standards help reduce pesticide exposure, support ecological farming practices, and preserve consumer confidence in the organic label.
In this case, USDA issued a “guidance”, a formal document meant to clarify policies and explain procedures, that allowed compost contaminated with previously prohibited pesticides to be used in organic production. The guidance created a significant loophole that weakened long-standing organic protections.
USDA did so without first undertaking the required formal rulemaking process which allows the public to participate or comment on the decision. The Court found USDA violated the law by creating this contaminated compost loophole without public participation, and struck it down altogether. This ensured that if USDA tries to change the law again, it will have to do so with public participation, ensuring that CFS and its allies can continue to watchdog the integrity of the organic standard for both consumers and farmers.
