Three environmental groups recently sued USDA, alleging it failed to provide notice or seek public comment over a decision to allow organic food producers to use compost materials treated with synthetic pesticides. In July 2011, USDA implemented the Allowance of Green Waste and Organic Production Systems guidance, allowing National Organic Program certifying agents and certified and exempt organic producers to use composted plant and animal materials, which may be treated with synthetic pesticides, as long as it is not directly applied or contributes to contamination of crops, soils, or water. The Center for Food Safety, the Center for Environmental Health, and Beyond Pesticides are asking the court to annul the guidance and order USDA to follow formal rulemaking procedures asserting that the process is required. The environmental groups argue USDA's rule creates a new loophole for pesticides and "consumers want healthier choices and have a right to expect that the organic label insures that organic food was produced without harmful pesticides."
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