Appeals Court Says USDA Can Certify Growers Using Hydroponic Organic Systems

A three-judge panel of the U.S. District Court in San Francisco has affirmed the legality of USDA to have the authority to recognize and certify growers using hydroponic organic production methods.

According to a post on CourthouseNews.com, the panel sided with the USDA’s interpretation and affirmed U.S. District Judge Richard Seeborg’s initial ruling.

“The court stood up for our efforts to make organics more accessible to consumers and not limit them to only the wealthy,” says Lee Frankel, Executive Director of the Coalition for Sustainable Organics. “Inflation is hitting consumers hard, and innovative and highly productive organic production systems should not be excluded from the market just because a group of growers wants higher profits for themselves. Organic growers must show leadership in continuing to improve the sustainability of our production systems to preserve more habitat that protects the diversity of plants and animals, and conserve more water especially considering the extended drought situation in key production regions in the U.S., reduce the runoff of nutrients that contaminate the environment like nitrates and phosphates, and further minimize pesticide use.”

Frankel says the decision by the court preserves historically important supplies of berries, tomatoes, cucumbers, peppers, mushrooms, leafy greens, herbs, sprouts, and microgreens that are frequently grown using containers or other hydroponic organic systems. In addition, the lawsuit threatened the nursery industry that provides many of the seedlings used by organic growers planting both in open fields as well as greenhouses.

“We look forward to the organic industry coming together in the wake of this court decision to help strengthen the organic community, continue to enhance the cycling and recycling natural resources, and promote ecological balance,” Frankel says. “We are eternally grateful to the teams at USDA and the Department of Justice in effectively defending the work of the National Organic Program.”

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