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"We started asking for new management at the organic program in 2004," said Kastel. "We had suggested that they go outside of the Department to gain the needed expertise from someone who was universally respected by participants in the organic industry. We couldn't have asked for a more qualified candidate than Mr. McEvoy."
In addition to investigating QAI, Cornucopia has formally asked USDA Secretary Tom Vilsack to reopen the Aurora matter, alleging that the consent agreement allowing their probation included illegally favorable provisions. The farm policy group also asked that complaints involving Dean Foods and its Horizon label, which had languished under the Bush administration since early 2005, now also be actively investigated by the new administration.
"We think that organic consumers and the family farmers who have built this industry have good reason to be optimistic and confident that from this point forward, when they see the organic seal on a product, they know that the public servants in Washington share their steadfast desire to maintain the integrity of the organic label," Fantle stated.
"If I'd been guilty of just one of these "willful' violations, my farm would've been shut down in a New York minute," said Bruce Drinkman, a farmer from Glenwood City, Wisconsin and board member of the Midwest Organic Dairy Producers Alliance.
"Rumors swirled for years about shady practices by Tony Zeman," said Bill Welsh, long-time Iowa organic livestock producer, Cornucopia board member and former member of the USDA's National Organic Standards Board. "Many of the major players that bought meat and dairy replacement animals knew very well what the allegations were and chose, during a period of time when supply was extremely tight, to look the other way. I'm sure there's some heavy soul-searching going on right now."
It appears that QAI, the certifying agent, did not act in the Promiseland matter until they were compelled to do so by USDA investigators, even though court records indicate that QAI had reported they knew of "significant audit trail deficiencies" as early as 2005.
Promiseland was found guilty of not allowing USDA investigators to audit and inspect their financial and organic operating records. "The "audit trail" is the backbone of organic certification," said Fantle. "Obviously, they had something to hide!"
At the time the legal action was finally brought against Promiseland, in June 2008, Cornucopia and other industry observers were highly critical that the Bush USDA only asked for a suspension of Promiseland, and its owner Anthony J. Zeman, in lieu of requesting a permanent decertification of the operation. The USDA and the administrative law judge both found Zeman and Promiseland had "willfully" violated federal law.
In addition, the Organic Foods Production Act of 1990 gave the USDA the right to fine operators like Zeman up to $10,000 per incident for willful violations of the law. They could have levied millions of dollars worth of fines but failed to do so.
"Enforcement actions of this nature should serve as a strong deterrent to other industry scofflaws," said Kastel. "We lament the failure of the past administration to aggressively carry out the will of Congress in this regard."
"Like Al Capone, they didn't actually convict Zeman and Promiseland of actually cheating in organics," Kastel said.
Al Capone was not convicted of murder or racketeering but rather of federal tax evasion.
The USDA's decertification order can be viewed at:
http://www.cornucopia.org/USDA/Promiseland_Judgement.pdf
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