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In October 2005, the following rider was attached to the Agricultural
Appropriations bill for 2006, by the House-Senate conference committee. No
member of that committee knew of its effect, and probably none had even read it
before it was sent back to the floor of Congress for final action. It was inserted at
the command of the acting majority leader of the House, Roy Blunt, whose wife
Abigail is a lobbyist for Kraft Foods which is a manufacturer of organic brands.
Because the minority Democrats on the conference committee signed the final
report (without knowing what was in it), the individual parts of the bill were not
subject to amendment on the floor of Congress. No doubt the Democrats were
able to attach some of their own riders as their reward for signing it. If they had
not signed, the OTA rider (section #797) could have been challenged on the floor
of Congress on a point of order---namerly, that it had not been discussed in the
committee.
| OTA RIDER |
SEC. 797. (a) Section 2111(a)(1) of the Organic Foods Production Act of 1990 (7 U.S.C.
6510(a)(1)) is amended by inserting ``not appearing on the National List'' after
``ingredient''.
797. (a) Section 2111(a)(1) of the Organic Foods Production Act of 1990 (7 U.S.C.
6510(a)(1)) is amended by inserting ``not appearing on the National List'' after
``ingredient''.
(b) Section 2118 of the Organic Foods Production Act of 1990 (7 U.S.C. 6517) is amended--
(1) in subsection (c)(1)--
[Page: H9217] (A) in the paragraph heading, by inserting ``IN ORGANIC PRODUCTION AND
HANDLING OPERATIONS'' after ``SUBSTANCES'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``or'' at the end; and
(ii) in clause (ii), by striking ``or'' at the end and inserting ``and''; and
(C) by striking clause (iii); and
(2) in subsection (d), by adding at the end the following:
``(6) EXPEDITED PETITIONS FOR COMMERCIALLY UNAVAILABLE ORGANIC AGRICULTURAL
PRODUCTS CONSTITUTING LESS THAN 5 PERCENT OF AN ORGANIC PROCESSED
PRODUCT.--The Secretary may develop emergency procedures for designating agricultural
products that are commercially unavailable in organic form for placement on the National List
for a period of time not to exceed 12 months.''.
(c) Section 2110(e)(2) of the Organic Foods Production Act of 1990 (7 U.S.C. 6509(e)(2)) is
amended--
(1) by striking ``A dairy'' and inserting the following:
``(A) IN GENERAL.--Except as provided in subparagraph (B), a dairy''; and
(2) by adding at the end the following:
``(B) TRANSITION GUIDELINE.--Crops and forage from land included in the organic system
plan of a dairy farm that is in the third year of organic management may be consumed by the
dairy animals of the farm during the 12-month period immediately prior to the sale of organic
milk and milk products.''.
6510(a)(1)) is amended by inserting ``not appearing on the National List'' after
``ingredient''.
797. (a) Section 2111(a)(1) of the Organic Foods Production Act of 1990 (7 U.S.C.
6510(a)(1)) is amended by inserting ``not appearing on the National List'' after
``ingredient''.
(b) Section 2118 of the Organic Foods Production Act of 1990 (7 U.S.C. 6517) is amended--
(1) in subsection (c)(1)--
[Page: H9217] (A) in the paragraph heading, by inserting ``IN ORGANIC PRODUCTION AND
HANDLING OPERATIONS'' after ``SUBSTANCES'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``or'' at the end; and
(ii) in clause (ii), by striking ``or'' at the end and inserting ``and''; and
(C) by striking clause (iii); and
(2) in subsection (d), by adding at the end the following:
``(6) EXPEDITED PETITIONS FOR COMMERCIALLY UNAVAILABLE ORGANIC AGRICULTURAL
PRODUCTS CONSTITUTING LESS THAN 5 PERCENT OF AN ORGANIC PROCESSED
PRODUCT.--The Secretary may develop emergency procedures for designating agricultural
products that are commercially unavailable in organic form for placement on the National List
for a period of time not to exceed 12 months.''.
(c) Section 2110(e)(2) of the Organic Foods Production Act of 1990 (7 U.S.C. 6509(e)(2)) is
amended--
(1) by striking ``A dairy'' and inserting the following:
``(A) IN GENERAL.--Except as provided in subparagraph (B), a dairy''; and
(2) by adding at the end the following:
``(B) TRANSITION GUIDELINE.--Crops and forage from land included in the organic system
plan of a dairy farm that is in the third year of organic management may be consumed by the
dairy animals of the farm during the 12-month period immediately prior to the sale of organic
milk and milk products.''.
OTA Rider Text & Impact