Legal Issues in the Hospitality Industry

The line separating natural foods from organic foods has frequently been hazy. This is a result of the common belief that the two are identical. Contrary to organic foods, the majority of foods with the "natural" designation are not governed by laws other than the general health regulations that apply to all foods. Contrarily, as will be shown in this essay, organic foods are prone to more governmental controls. The essay defines what constitutes organic foods, and goes ahead to explain in detail the regulations that control what is referred to as “organic.” The first part of the essay defines organic foods as provided for by the American law. Organic food does not only refer to the products, but also to the manner in which the foods are produced and processed. These processes are regulated by government and private organizations, which are responsible for legally defining what constitutes organic food production and processing. These bodies also oversee these processes through inspections and certification. Organic food certification is only done after farmers have satisfied rules and regulations determining whether the foods have been produced in accordance with the guidelines. In line with the hospitality industry, the essay also discusses the effects of the certification process on restaurants and hotels.


Introduction


According to the National Association of State Departments of Agriculture (NASDA), the American consumer enjoys the healthiest and safest supply of food in the world. The basis of this success is the systems put in place for regulating food safety and its inspection. In recent years, crucial federal regulatory policies have been applied effectively in an effort to improve all sections of the extensive food safety system. These include food production and distribution chains, preparation, processing, and transportation (Fda.gov).


There has been a growing interest in nutrition as people recognize the role played by healthy and nutritious products in the prevention of cancers and other lifestyle diseases, as well as in the maintenance of good health. This has led to a swelling interest in organic and natural foods, transforming an insignificant market niche into a multi-billion sector in the last half century. These foods have become a key part of the consumer trend commonly referred to as “whole health solutions.” These are diets that promote the general health and well being of the people, prevent illnesses, cure different diseases, and help in protecting the environment. Stakeholders in the food industry including producers (farmers), suppliers, and retailers are continually meeting the escalating demand by introducing new and organic alternatives to the conventional semi-healthy products (Wright, 64).


What is Organic Food?


The term “organic” does not only refer to the foods but also to the manner in which the foods are produced and processed. Production of organic foods is based on farming systems that mimic natural ecosystems. These systems also maintain and replenish the fertility and nutrients of the soil. Organic production incorporates mechanical, biological and cultural practices that promote cycling of resources, ecological balances, and conservation of biodiversity. Organic foods cannot be produced using irradiation or genetically modified organisms. Processed organic foods on the other hand must be handled delicately to ensure that the integrity of the organic ingredients going into the products is maintained.


The USDA standards recognize the production of four types of organic produce being farm crops, wild crops, livestock, and multi-ingredient/ processed products. Farm crops include the plants produced as food for human consumption, feed for livestock or as fiber for adding nutrition to the farm fields. Wild crops, on the other hand, incorporate the plants growing in uncultivated sites, while the animals reared for the production of food, feed or fiber are referred to as livestock. The multi-ingredient products include handled and packaged items (for instance chopped carrots), or those that have been combined, processed and packaged such as different types of soups or breads (Curtis, 332).


Organic Food Certification and Labeling


In the United States, the National Organic Program (NOP) is charged with the responsibility of defining what constitutes “organic”, and providing for certification that farm ingredients are produced in accordance with the conditions that meet the definition. The activities of NOP are overseen by the Agricultural Marketing Service of the USDA (U.S. Department of Agriculture) (Fda.gov).


Certified organic foods refer to those foods, fibers, or feed that have been grown, handled or produced in accordance with the strict standards put in place by the authorities. Certification entails a number of processes including the inspection of farm grounds, livestock keeping and processing facilities. The process also includes keeping of detailed records and regular testing of the soil, water and farm produce. These help to ensure that the farmers and the processers continually meet the standards enforced by the USDA NOP (National Organic Program) and by other third party organizations. Certification is only granted to the individuals or organizations who have duly submitted their organic plans, after which they must have an annual inspection to prove that they meet the set standards and procedures.


Fig. 1. The USDA organic seal


USDA organic products follow extremely strict production and labeling requirements. They must not be produced using the excluded methods such as genetic engineering, sewage sludge or ionizing radiation. Secondly, only the allowed substances should be applied during production, and finally, production must be done under the watchful eye of an authorized certifying agent of the USDA National Organic Program, and in accordance with the USDA organic regulations.


A product may not be labeled as organic without prior certification. Generally, if a producer wants to claim that their product or its ingredients are organic, they must have the final product certified. Without certification, the producer must neither make any organic claims on the principal display panels nor make use of the USDA organic seal (see above) on any part of the package. However, one is at liberty to disclose the certified organic ingredients, stating their percentage on the information panel (Usda.gov).


The Certification Process


The Organic Foods Production Act that came to life in 1990 charged the U.S. Department of Agriculture (USDA) with developing national standards for organic products. This saw the birth of the NOP certification process that took effect in October 2002. In line with the new laws, all production and handling operations required certification by USDA-accredited organizations (Wright, 34).


The standards require that products which are labeled as “100 percent organic” must only contain organically produced ingredients. Those bearing the “organic” label must contain a minimum of 95 percent organic materials. Products in these two categories are allowed by law to display the USDA organic seal (see fig. 1) should they wish to. For those containing between 70 and 95 percent organic materials, the law permits them to include “made with organic ingredients” on their labels. They could also identify a maximum of three organic ingredients, (for instance carrots), or as food groups (e.g. vegetables) on the display. However, those products containing less than 70 percent organic ingredients are not allowed to use the “organic” term on their package, though they may identify specific organic ingredients used in the product. The law has exempted producers earning a gross agricultural income of $5, 000 or less from certification (Curtis, 72).


How do organic food regulations affect food retailers?


The hospitality industry, through hotels and restaurants, forms part of the food retailers that are involved in selling of organic food and products to the final consumer. The law does not require food retailers to acquire certification though they may acquire it for their marketing and other business needs. However, they are subject to a number of regulations put forth by the NOP as discussed.


Deliberately labeling or selling products as organic unless such products meet the requirements of NOP is a grave violation, with violators facing penalties of up to $10, 000 for every violation. However, they are not held liable for this offence if the product is found to be mislabeled, unless they had been previously aware of the mislabeling. When retailers allow loose organic products to come into contact with unpackaged non-organic products, it is considered to be against the law. In addition to this is allowing organic foods to get into contact with proscribed substances such as residual synthetic preservatives, fumigants, or fungicides in storage or packaging containers (Fmi.org).


Conclusion


The future of organic foods is bright as they continue to occupy a significantly growing share of the food industry. More organizations and individuals are gradually converting their products to organic from natural, and they are appearing in more venues. In addition to the conventional retailers that are steadily developing organic programs, countries, municipalities, and conservation organizations are continually fostering local farm markets selling directly to their consumers. College cafes, restaurants, hotels, and other providers of food services are moving into the organic food direction. With this massive growth, there is requirement for adequate legislative measures needed to regulate the huge and ever growing industry.


Works Cited


Curtis, P.A. Guide to U.S. Food Laws and Regulations. Wiley & Sons. 2013. Print


Food Marketing Institute. The USDA National Organic Program Requirements for Food Retailers and Distribution Centers. Web. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjxwYKZtO3TAhUMKcAKHRtAAdEQFggmMAA&url=http%3A%2F%2Fwww.fmi.org%2Fdocs%2Fregulatory-documents%2Fusda_organicprogram.pdf%3Fsfvrsn%3D2&usg=AFQjCNGVE_xzc2cSY1FFhMDMKZFdIOMT9Q&sig2=coRepDiGsfe-p14r5aWIpg


U.S. Food & Drug. How is the Term “Organic” Regulated? Web. https://www.fda.gov/aboutfda/transparency/basics/ucm214871.htm


United States Department of Agriculture. Organic Labeling. Web. https://www.ams.usda.gov/rules-regulations/organic/labeling


Wright, S. Handbook of Organic Food Processing and Production. Springer-Science Business Media, B.V. 2012. Print

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