Rules & Regs: Organics and packaging

The NOP rule went into effect on April 21, 2001, and will be fully implemented by October 21, 2002. It includes requirements for packaging materials used with organic food products. The NOP also established a National List of Allowed and Prohibited Substances for use in organic production and handling operations. The rule prohibits the use of “packaging materials and storage containers or bins that contain a synthetic fungicide, preservative, or fumigant.” There is some question about exactly what the NOP means by “contain.” Many experts, such as the Washington, DC-based law firm of Keller and Heckman, which handles many packaging-related cases, believe the final rule is not aimed at food-packaging materials that have no technical effect on the food (for example, to ripen food, impart flavor, or otherwise migrate or commingle with the food). For one thing, the National List is silent on the use of packaging materials in contact with organic foods. Also, packaging materials are regulated by the Food and Drug Administration’s food additive regulations. What is more likely is that the rule is intended for synthetic fungicides, preservatives, or fumigants used to treat organically produced food, or its packaging, that might compromise the organic integrity of the food, as opposed to the composition of the packaging material itself. However, when it comes to government regulations, experts know it’s foolhardy to assume anything. It would be far better to have NOP issue a formal policy statement on packaging before the final implementation date.