Corporate Lobbyists/Influence Peddlers Eroding Organic Standards
 Analysis Illustrates USDA/Agribusiness Collusion
National Organic Standards Board Voting Scorecard Released
A
 comprehensive voting analysis of members of the National Organic 
Standards Board, an expert body formed by Congress to insulate the 
governance of the industry from undue corporate influence, clearly 
illustrates how illegal appointments to the board by current and past 
USDA Secretaries have subverted congressional intent.

 The study, produced by The Cornucopia Institute, a Wisconsin-based farm policy research group, 
analyzed the voting record
 of each individual board member over the past five years, including 
corporate representatives who were placed on the National Organic 
Standards Board (NOSB) filling seats that were specifically set aside 
for farmers and other independent organic industry stakeholders.
“In
 recent years, just as with the polarized U.S. Supreme Court, many 
critical issues were decided by one-vote margins,” said Mark A. Kastel, 
Codirector and Senior Farm Policy Analyst at 

Cornucopia.
 “Almost universally, the NOSB is split along ideological lines 
(corporate agribusiness versus farmers and consumers) on whether to 
allow controversial synthetic and non-organic additives in organic food 
or weak animal husbandry standards utilizing the ‘factory farm’ 
production of organic meat, eggs and dairy products.”
Cornucopia’s analysis comes two years after the policy group released a white paper entitled 
The Organic Watergate.
 That report documented how a number of risky and/or gimmicky synthetic 
or non-organic materials were approved for use in organics. It 
highlighted a couple of board members, appointed as “farmers,” who did 
not meet the intent and legal qualifications that Congress had set out 
for composition of the board.
“We have two members of the current 
board, both sitting in seats that Congress had designated for someone 
who must ‘own or operate an organic farming operation’ but who were 
actually agribusiness employees when appointed to the five-year term on 
the NOSB,” said Kastel.
Of the four seats reserved for farmers on 
the current board, one is held by an employee of the giant California 
berry marketing firm, Driscoll’s (which does not grow organic 
strawberries but rather relies on contract farmers) and one by an 
individual who, when appointed, worked for the country’s largest organic
 marketing cooperative, CROPP ($928 million in annual revenue).  The 
voting records of these two agribusiness employees are significantly 
lower than those of the actual farmer members of the NOSB.
Voting 
records for the current 15-member NOSB board members include three 
independent members with a history of voting over 90% of the time to 
block practices eroding organic integrity.  These board members are 
Jennifer Taylor, public interest/consumer representative and academic; 
Jay Feldman, environmentalist and executive director of Beyond 
Pesticides; and Colehour Bondera, a certified organic farmer from 
Hawaii.
On the other end of the ideological spectrum, the 
agribusiness voting bloc all had voting records under 50%, with one 
member voting with mainstream positions on maintaining organic integrity
 only 10% of the time.
Voting scores of NOSB agribusiness 
representatives include those of Harold Austin (10% — handler with 
Zirkle Fruit), John Foster (16% — handler with WhiteWave/Earthbound 
Farms), Carmella Beck (17% — “farmer” with Driscoll’s) and Wendy 
Fulwider (34% — “farmer” with Organic Valley/Whole Foods-GAP).
The
 study’s analysis was based on Cornucopia’s policy positions over the 
past five years, prepared by experienced organic farmers, policy 
experts, former certification officials, and staff scientists with 
doctorates in related agricultural disciplines.
“The policy 
positions Cornucopia has publicly taken (and used for the scoring 
criteria) are clearly in the mainstream of thought within the organic 
community and are consistent with those taken by the vast majority of 
other consumer, environmental and farmer-supported organizations,” 
Kastel affirmed.
Kastel noted that a separate analysis by 
Cornucopia compared the industry watchdog’s official written and oral 
public testimony on issues before the NOSB with that of other nonprofit 
groups.
That analysis showed that Cornucopia’s policy positions 
were 100% compatible with that of 10 of the 12 nonprofit groups actively
 involved in lobbying at the NOSB over the past two years, including the
 Center for Food Safety, Food and Water Watch, Organic Consumers 
Association, Beyond Pesticides, and Consumers Union. Cornucopia scored 
an 86% compatibility with the policy positions of the National Organic 
Coalition, an umbrella group made up of farm organizations, retailers, 
and organic businesses.
Dominic Marchese, a long-time certified 
organic beef producer from Farmdale, Ohio, observed: “If the USDA had 
complied with the law, and appointed somebody like myself, a working 
organic farmer who met the qualifications to serve on the NOSB set up by
 Congress, instead of corporate imposters, many of the close votes over 
the last five years would have gone the other way.”
Marchese had 
applied for the NOSB three times in past years.  One of those years saw 
USDA Secretary Vilsack choosing Driscoll’s Carmela Beck for the farmer 
seat.
In addition to the well-defined “independent” and 
“corporate” voting blocs, Cornucopia found that about a quarter of the 
board qualified as true 
swing voters.
“After the publication of 
The Organic Watergate,
 a number of board members and other organic industry stakeholders, 
including myself, were surprised by the degree that the NOSB system of 
vetting synthetics and non-organic materials allowed for temporary use 
in organics was just plain not working,” said Cornucopia’s Kastel.
In addition to corporate members being illegally appointed to the board, Cornucopia’s 
Organic Watergate
 report also uncovered that agribusiness executives and consultants had 
been hired by the USDA to do “independent” technical reviews of 
materials brought before the board. The apparent conflict of interest 
and bias of these contractors is highly disturbing since the NOSB is not
 a scientific panel and Congress provided for access to independent 
scientists to advise the body.
“I think the more recent record of 
some swing voters indicates that the NOSB is now taking a much more 
critical view of what is presented to the board by the corporate 
lobbyists that claim the materials are essential to organic production,”
 Kastel added.
The law governing organic production, the Organic 
Foods Production Act of 1990, calls for the NOSB to vet all non-organic 
materials to assure they are not a danger to human health or the 
environment and are actually necessary for the production of organic 
food.
Cornucopia’s analysis shows that some swing voters have seen
 their voting scores materially change over the past two years. As an 
example, the voting record of newly elected board chairperson Jean 
Richardson, a respected academic and former organic inspector, has moved
 up to 67%.
Cornucopia has stated that one of their goals in 
performing this research is to illustrate to the Secretary of 
Agriculture that his appointments will be closely scrutinized in terms 
of legality and as to whether he has sold out the organic movement 
through undermining the will of Congress and the majority of industry 
participants in favor of corporate profit and expansion.
“We also 
want to make sure we hold the corporations accountable that have 
employees on the board, corporations like Whole Foods, WhiteWave 
(Earthbound Farms/Horizon/Silk), General Mills (Cascadian Farms/Muir 
Glen), and Driscoll’s,” said Kastel. “If you want our patronage the 
performance of your employees on this board has to be consistent with 
your marketing rhetoric in support of organics.”
Many organic 
farming pioneers would never have supported the USDA overseeing the 
industry they founded if Congress hadn’t agreed to create a strong NOSB 
as a defense against 
business as usual in Washington, an all-too-common cozy working relationship between agribusiness lobbyists and the USDA.
Observed
 Barry Flamm, immediate past chair of the NOSB, “I hope the Cornucopia 
analysis of voting records, which will continue going forward, will 
forewarn NOSB members that their voting behavior will be closely 
scrutinized and, if they are employees of corporations or certifiers 
with economic interests, that some of their customers will also be 
judging their service on the board as well.”
MORE:
The
 Cornucopia Institute’s analysis included all contested NOSB votes in 
the prior five years (for both current and past board members).  It can 
be found at
 http://www.cornucopia.org/nosb-scorecard/. (Once
 opened, scroll to the lower right corner of the page where a small tool
 bar will appear in black. Click several times on the magnifying glass 
with a “+” inside it to enlarge the image.)
Cornucopia’s analysis 
of the policy positions of other nonprofit organizations, corporate 
participants (processors, marketers, retailers, trade organizations, and
 certifiers) can be found at  
http://www.cornucopia.org/wp-content/uploads/2014/08/NOSB-Scorecard-NGO-positions-v7.pdf.
 (Once opened, scroll to the lower right corner of the page where a 
small tool bar will appear in black. Click several times on the 
magnifying glass with a “+” inside it to enlarge the image.)
After the publication of 
The Organic Watergate,
 the NOSB began to take a more judicious approach, becoming more 
skeptical of corporate lobbyists’ safety and essentiality claims about 
synthetic and non-organic materials.  In response, last fall the USDA’s 
National Organic Program unilaterally changed the rules on removing 
these materials from the National List of ingredients approved in 
organics. The new rules make it demonstrably harder to remove these 
substances every five years as they “sunset.”
A broad section of 
the organic community has vigorously protested these moves, which were 
made, in conflict with the law, with no input from either the NOSB or 
the organic community at large.  Protesters have included the two key 
congressional authors of the Organic Foods Production Act of 1990, 
Senator Patrick Leahy of Vermont and Representative Peter DeFazio of 
Oregon.
Examples of hypocrisies by corporate representatives on the board include:
1. Representatives of 
Whole Foods and 
Organic Valley
 voting for, at sunset, continued use of the coagulant and thickening 
agent carrageenan, when their respective companies utilize the 
ingredient in their products.
Carrageenan has been controversial 
for years, with all industry-funded studies declaring it perfectly safe 
while independent medical researchers (mostly funded by the National 
Institutes of Health) find it to be a potent intestinal inflammatory 
agent causing serious disease and even cancer.
Many industry 
observers contend that representatives of companies like Whole Foods and
 Organic Valley, due to conflict of interest, should not be permitted to
 participate on NOSB votes that economically benefit their employers.
2.
 When the NOSB debated tighter standards, in an effort to force 
industrial-scale livestock producers to provide outdoor access for 
laying hens and other poultry, the Organic Valley employee on the NOSB 
voted in favor of providing a minimum of 2 ft.², outdoors, for each 
laying hen.
Organic Valley sets standards for their own farmers 
requiring a minimum of 5 ft.². In the European Union chickens are 
required to have a minimum of 43 ft.² of pasture and no more than 3,000 
birds per building. Currently in the U.S., factory farms producing the 
majority of all “organic” eggs are providing no legitimate outdoor 
access, in buildings that hold as many as 100,000 birds.
Agricultural
 policy experts at Cornucopia have stated that a 2 ft.² requirement 
would be woefully inadequate in terms of meeting the intent of the 
organic standards, promoting the humane treatment of animals, 
environmental protection and producing eggs with superior taste and 
nutritional profiles.
The Cornucopia Institute has also warned 
USDA Secretary Tom Vilsack that it would be viewed as “hostile and 
cynical” if he made a new appointment to the NOSB of someone who 
technically qualified as a farmer but has acted as a spokesperson for a 
major corporate player in the organic arena.
As an example, Dean 
Foods/WhiteWave has paid thousands to fly farmers around the country 
representing the company, including in front of the NOSB.
“Although these farmers might legally be qualified as ‘owning or operating an organic farm,’ they would surely be viewed as 
carrying the water for their corporate benefactors, once again undermining the collaborative framework that Congress had intended,” said Kastel.
Another separate scorecard that contains all of the votes, including the uncontested votes, can be found at:
http://www.cornucopia.org/NOSB-Scorecard-all-votes.pdf