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Underneath the Golden Boy - Robson Hall Faculty of Law

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The Organic Agricultural Products Act 167<br />

about this phenomenon, what is termed <strong>the</strong> ‘corporate capture <strong>of</strong> organics.’ 33<br />

The Organic Food Council <strong>of</strong> Manitoba notes that companies such as Wal-Mart,<br />

Kraft, and Pepsi are buying into organics, and that <strong>the</strong> industry is suffering, as,<br />

“…in order to supply such high output corporations, organic farms are growing,<br />

getting bought out, and assimilating some <strong>of</strong> <strong>the</strong> large scale industrial practices <strong>of</strong><br />

today’s conventional food system.” 34 Legislation that burdens <strong>the</strong> small-scale<br />

producer will not uniformly help all Manitoba producers, but contribute to <strong>the</strong><br />

corporate capture <strong>of</strong> organics.<br />

Perhaps <strong>the</strong> Legislative Assembly did not come to a similar conclusion<br />

because <strong>of</strong> <strong>the</strong> focus in <strong>the</strong>ir discussions on consumer health. At <strong>the</strong> second<br />

reading <strong>of</strong> <strong>the</strong> OAPA, Mr. Eichler mentioned that “…<strong>the</strong> various grocery stores,<br />

Wal-Mart and Safeway, Sobeys and many <strong>of</strong> <strong>the</strong> o<strong>the</strong>rs have, in fact, <strong>the</strong> organic<br />

association itself has done a tremendous job in increasing awareness on eating<br />

healthy and healthy products.” 35 In terms <strong>of</strong> immediate health benefits, corporate<br />

organics may be better than corporate conventional farming. However, <strong>the</strong><br />

ideals behind <strong>the</strong> organic movement were not solely based on healthy eating but<br />

were part <strong>of</strong> an active resistance to corporate production:<br />

The organic movement began as a grassroots response to chemical agriculture and <strong>the</strong><br />

industrialization <strong>of</strong> <strong>the</strong> food system. Social justice, <strong>the</strong> economic viability <strong>of</strong> <strong>the</strong> family<br />

farm, whole, healthful food, and strong relationships between farmers and consumers<br />

were some <strong>of</strong> <strong>the</strong> ideals <strong>of</strong> <strong>the</strong> organic pioneers. 36<br />

Without a fundamental understanding <strong>of</strong> <strong>the</strong> organic industry or its ideals,<br />

without recognizing <strong>the</strong> current market shift from small-scale to large corporate<br />

producer, and without even mentioning that this legislation is limited to intraprovincial<br />

producers, <strong>the</strong> Legislative Assembly did not fully evaluate whe<strong>the</strong>r<br />

this bill will help Manitoba organic producers.<br />

As only certain producers will be able to market <strong>the</strong>ir products more<br />

effectively, <strong>the</strong> OAPA will only help certain consumers <strong>of</strong> organic produce—<br />

those who are unconcerned about <strong>the</strong> origin <strong>of</strong> <strong>the</strong>ir produce. If this legislation<br />

does reduce <strong>the</strong> number <strong>of</strong> small organic farms, eliminating falsely labelled<br />

organic goods will have come at <strong>the</strong> cost <strong>of</strong> reducing <strong>the</strong> availability <strong>of</strong> local<br />

organic produce. Those who are concerned with lessening <strong>the</strong>ir food miles (and<br />

thus <strong>the</strong>ir impact on <strong>the</strong> environment) will not have <strong>the</strong> same consumer choice.<br />

33<br />

Organic Food Council, Manitoba Chapter “Our Stance on Local vs. “Big Organic” (3<br />

September 2007), online: .<br />

34<br />

Ibid.<br />

35<br />

Manitoba, Legislative Assembly, Debates and Proceedings, in Official Reports <strong>of</strong> Debates<br />

(Hansard),Vol. LIX No. 19 (15 October 2007) at 1331 (Mr. Eichler).<br />

36<br />

Supra note 33.

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