Recently, I contacted Bob, a professional organic produce grower with the following concerns:

Hello Bob,

A few years ago I was listening to one of your CD presentations and you mentioned that if a food company - say a cereal producer - labeled their product as organic, ran out of that organic grain (or whatever) they could use non-organic ingredient for up to a year - until organic became available.

I’ve tried to find info [ on the internet] on that and have not been able.  Can you help me with documentation of this policy? Also, could an “organic product company” in this situation, use GMO and still retain an organic label for up to a year?

Reason is, there seems to be quite a burst of organic labeling on  processed foods and I wonder if there is enough organic [produce] grown to support all these products.

Thanks for your help and ministry,

Here is Bob's response:

Hello 

Your question is one that troubles many folks, and I will try to give you an accurate answer. 

The National Organic Program (NOP) is administered through the Agricultural Marketing Service (AMS) which is a branch of USDA. The NOP does not spell out the exemptions within their regulatory documents, but the AMS does allow for individual applications for a "variance" from the NOP defined organic standards.  

These "temporary variances" are evaluated individually by NOP and either granted or not at their discretion. The policy that covers this practice states that variances may be granted for natural disasters, damage from severe weather, for the purpose of conducting research in organic production or handling, and for other business interruptions. It is this "other business interruptions" category to which the situation I described falls.  

The records of the "variances" granted are not easy for the public to access, but the NOP is required to keep a copy of them and to keep it in the file of the entity that requested the variance. 

 Here is a copy of their instructions for requesting a variance:

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5087115

[ Here is a copy of the  UDSA policy above - in case it is not available or is changed]

The terms that NOP applies to each variance is based on their individual decisions, and yes, it is at their discretion as to whether GMO's will be allowed under the variance and an organic label still affixed to the product.

I received your seed order and will send it out to you tomorrow.

Blessings, Bob