Organic farms unknowingly used a synthetic fertilizer

<http://www.sacbee.com/topstories/story/1501772.html>http://www.sacbee.com/topstories/story/1501772.html
 


By Jim Downing
<mailto:[email protected]>[email protected]
Published: Sunday, Dec. 28, 2008 | Page 18A

For up to seven years, California Liquid 
Fertilizer sold what seemed to be an organic 
farmer's dream, brewed from fish and chicken feathers.

The company's fertilizer was effective, 
inexpensive and approved by organic regulators. 
By 2006, it held as much as a third of the market in California.

But a state investigation caught the Salinas-area 
company spiking its product with ammonium 
sulfate, a synthetic fertilizer banned from organic farms.

As a result, some of California's 2006 harvest of 
organic fruits, nuts and vegetables – including 
crops from giants like Earthbound Farm – wasn't really organic.

According to documents obtained by The Bee 
through a Public Records Act request, California 
Department of Food and Agriculture officials were 
notified of the problem in June 2004 but didn't 
complete their investigation and order the 
company to remove its product from the organic market until January 2007.

State officials knew some of California's largest 
organic farms had been using the fertilizer, the 
documents show, but they kept their findings 
confidential until nearly a year and a half after 
it was removed from the market. No farms lost their organic certification.

The nonprofit California Certified Organic 
Farmers, which certifies about 80 percent of the 
state's organic acreage, decided not to penalize 
farms that had used the product on the grounds 
that farmers did not know they were using an unapproved chemical.

The state could have pursued harsher penalties 
against California Liquid Fertilizer, including 
violation of the California's organic product 
law, which carries fines of up to $5,000, 
according to agriculture department spokesman 
Steve Lyle. It also could have referred the case 
to the attorney general's office for civil action 
as an unfair business practice.

"We did not pursue those courses of action 
because our priority was to remove the product 
from the market," Lyle said. "More process would 
have delayed that." The investigation took as 
long as it did, he said, because the case was complex.

The trouble has continued. In November 2007, the 
distributor of another organic liquid fertilizer, 
representing about 5 percent of the market, 
pulled its product in the middle of another state 
investigation. Rumors in the industry point to 
another major disclosure as soon as this month.

Synthetic fertilizers don't present food safety 
risks, but the organic movement has always 
opposed them because they take a great deal of 
energy to produce, decrease natural soil fertility and can pollute water.

Above all, the California Liquid Fertilizer case 
shows how much the organic regulatory system depends on trust.


Organic changes

Organic farming started with small operations 
that rejected modern agriculture's huge, 
chemical-dependent fields in favor of diversified 
plots fertilized with old-fashioned compost, 
manure and cover crops. Today, organic farms 
still do without synthetic fertilizers and 
pesticides. But much else is radically different.

Sales of organic products have soared from $5 
billion nationwide a decade ago to $24 billion 
today, according to the Organic Trade 
Association. California accounts for nearly 60 
percent of the U.S. harvest of organic produce.

The biggest organic operations now cultivate 
thousands of acres and sell to mainstream buyers like grocery chains.

With farms under pressure to cut costs and 
deliver big harvests, demand has grown for a new 
class of potent liquid fertilizers that help crops thrive.

"Organic agriculture is becoming very dependent 
on these amendments," said Thaddeus Barsotti, who 
runs Capay Organic farm in Yolo County. "If you 
don't use them, and your competitor is using them, you're going to suffer."

Liquid fertilizers work particularly well for 
cool weather crops like strawberries and salad 
greens, and market leaders Earthbound and 
Driscoll's became big customers for California 
Liquid Fertilizer, according to executives from those companies.

But liquid fertilizers are used on farms 
producing virtually every variety of organic 
fruit, nut and vegetable. On his mid-sized farm, 
Barsotti likes to give his bok choy, cabbage and 
pepper crops a nitrogen boost early in the 
growing season, though he said he never used 
California Liquid Fertilizer's products.

As organic farming has gotten big, it also has 
struggled to maintain shoppers' trust in the integrity of its products.

Most shoppers interviewed at the Sacramento 
Natural Foods Co-op and the Whole Foods Market on 
Arden Way were a bit cynical about the industry – 
and they weren't surprised to hear that a major 
violation of organic standards had slipped through the regulatory system.

"There's a large amount of money to be made as we 
get more into paying for the quality of our 
food," said Emmi Felberg of Plymouth.

As a gardener, Felberg knows it's tough to get 
concentrated nitrogen from true organic sources. 
She said any farmer ought to be suspicious about 
fertilizers that seem too good to be true.

"These guys are professionals," she said. "If it 
looks like a chemical and smells like a chemical, it probably is a chemical."


The investigation

The state learned of the problems at California 
Liquid Fertilizer from a whistleblower. In a June 
18, 2004, complaint, the former employee alleged 
that for five years ammonium sulfate had been 
used in the company's liquid fertilizer.

A year later, according to state records, state 
Department of Food and Agriculture inspector 
Pierre Labossiere took the first sample of 
Biolizer XN, the company's leading product, from 
Tanimura & Antle Inc., an Earthbound Farm partner in Salinas.

Laboratory analysis supported the allegations, 
and in July 2005, Labossiere asked California 
Liquid Fertilizer to explain why, the records 
show. He never got an answer, and during multiple 
follow-up visits to the firm's factory near the 
town of Gonzales was told that the fish and 
feathers used to make the product were unavailable for sampling.

Over the next year, Labossiere followed up, 
finding indications of ammonium sulfate in six 
more samples at farms and fertilizer dealers 
around the state. In February 2006, he twice 
intercepted tank cars of ammonium sulfate in a 
Salinas railyard. Receipts showed the liquid had 
been shipped to California Liquid Fertilizer from a plant in Decatur, Ill.

California Liquid Fertilizer's then-president, 
Peter Townsley, did not respond to repeated phone 
calls from The Bee or to a written request for comment.

Labossiere had caught the fertilizer maker 
red-handed. But the product remained on the 
market for nearly six more months before state officials took action.

The state had other things to worry about that 
fall. In September, an outbreak of a deadly 
strain of E. coli was traced to Salinas Valley 
spinach packaged by the parent company of 
Earthbound Farm. For weeks, national news media 
scrutinized the government's oversight of the produce industry.

In January 2007, the agriculture department 
agreed to a settlement with Townsley that removed 
his product from the market but kept the reasons 
obscure. The violation was recorded as "improper 
labeling." In a letter to the Eugene, Ore.-based 
nonprofit Organic Materials Review Institute, 
which had approved the product for use on organic 
farms, Townsley said he was pulling the product 
because of an inadvertent chemical substitution.

The outcome of the case surprised Dave DeCou, the 
Oregon institute's executive director. State 
investigators had contacted him for information about Biolizer.

"I was expecting (the state) to come out with 
some kind of indictment," he said. "My sense was 
that they didn't want to have another dirty mark on California agriculture."


Temptation to fake

Per pound of nitrogen, synthetic fertilizers like 
ammonium sulfate and urea cost as little as 
one-twentieth as much as approved organic sources 
like ground-up fish carcasses.

"If you could take urea and sell it organic, you 
could make a lot of money," said Jim Coburn, 
marketing manager for Western Farm Service, a major agrochemical retailer.

Under federal standards, the nitrogen in a 
fertilizer for organic farming must come from a 
natural source. But standard laboratory analyses 
used by organic regulators tell only how much 
nitrogen is in a fertilizer, not where it came from.


More sophisticated chemical-isotope tests can 
give an indication – though not definitive proof 
– of a fertilizer's origins, said Sam Myoda, 
executive vice president of IEH Laboratories, near Seattle.

Myoda has been hired both by fertilizer makers 
wanting to prove their product genuine and big 
growers that want to make sure they aren't being 
duped. In tests this past year, Myoda said, he 
has found that a number of fertilizers sold to 
organic farmers show signs of being from synthetic sources.


Regulating 'certified organic'

The U.S. Department of Agriculture decides what 
materials may be used on an organic farm, and the 
state agriculture department plays a role in 
keeping the industry honest – mainly by investigating complaints.

But the review of specific brands of fertilizers, 
pesticides and so on falls mostly to the Organic 
Materials Review Institute, which is federally 
authorized to evaluate organic farming products.

That approval process, though, is based on 
information submitted by manufacturers. In the 
case of California Liquid Fertilizer, the 
fertilizer investigated by the state had been 
certified by the institute, but the company 
hadn't been truthful about what it contained, state documents show.

The Organic Materials Review Institute does 
investigate complaints and now gives special 
scrutiny to fertilizers, according to spokesman 
Miguel Guerrero. But each year the organization 
routinely inspects only about a dozen of the 570 
companies whose products it certifies. If it 
finds a violation, the institute can withdraw 
certification, but it lacks the authority to pursue stiffer penalties.

The state Department of Food and Agriculture, by 
contrast, can issue fines as well as tell 
manufacturers to remove products from the market. 
Spokesman Lyle said staff members recently have 
stepped up oversight of the organic fertilizer 
sector. In 16 inspection visits since February 
2007, officials have found only minor violations, he said.

Though the state forced California Liquid 
Fertilizer to pull its leading product, Townsley 
stayed in business at the Gonzales plant. In 
January 2008, the factory was sold to Converted 
Organics Inc., a publicly traded fertilizer maker 
headquartered in Boston. Townsley is now a 
technology officer for Converted Organics. His base salary is $200,000 a year.


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Call The Bee's Jim Downing, (916) 321-1065.



<*}}}>< <http://www.holypostage.com/>Holy Postage <*}}}><
<*}}}><<http://www.halfthekingdom.org/>Half the Kingdom!<*}}}><

Prayer for Unborn Life:
O GOD OF LIFE AND LOVE, You have given us the 
gift to participate with You to bring new life 
into the world.  But, all too often, the mother's 
womb, which should be a nursery of life, becomes 
instead a place of it's destruction.

Help us to remove this evil and ensure respect 
for all life made in Your image and likeness, 
called to fulfill its promise on this earth,
and destined to find a home with you for all eternity.

We ask this through Jesus Christ, Our Lord, Our God, Our Savior, and Our ALL.
Amen.


<*}}}>< <http://www.holypostage.com/>Holy Postage <*}}}><
<*}}}><<http://www.halfthekingdom.org/>Half the Kingdom!<*}}}><

Prayer for Unborn Life:
O GOD OF LIFE AND LOVE, You have given us the 
gift to participate with You to bring new life 
into the world.  But, all too often, the mother's 
womb, which should be a nursery of life, becomes 
instead a place of it's destruction.

Help us to remove this evil and ensure respect 
for all life made in Your image and likeness, 
called to fulfill its promise on this earth,
and destined to find a home with you for all eternity.

We ask this through Jesus Christ, Our Lord, Our God, Our Savior, and Our ALL.
Amen.


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