A court decision in January 2005 in the "Harvey lawsuit" noted three areas of USDA Organic Regulations that were in contravention to principles of the Organic Law: the Organic Foods Production Act.
Since that time, the organic community has been attempting to figure out how this decision will affect the farmers, consumers, and industry of organic, and what to do about it. The National Campaign for Sustainable Agriculture, Beyond Pesticides, and many other NGOs have been attempting to find some consensus solutions, including proposing a regulatory fix, and meetings with industry.
On September 19, 2005, an amendment to OFPA was floated by the Organic Trade Association as a possible rider on the Senate Agriculture Appropriations Bill. A different bill was passed by the Senate later that week calling on USDA to do a study on the effects of "Harvey".
Despite massive efforts by thousands (over 320,000!) of organic farmers, consumers, industries, and activists, the OTA Amendment to the Organic Foods Production Act passed in a closed-door, Leadership-only Agriculture-Appropriations Conference Committee on Friday, October 28, 2005.
As passed, the amendment allows: