The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing
Service (AMS) has proposed amendments to organic livestock and
poultry production requirements to clarify “how producers and handlers
must treat their livestock and poultry to ensure their health and well-being
throughout life.” Based on recommendations from the National
Organic Standards Board, the draft rules also specify “which physical
alterations are allowed and prohibited” and establish “minimum indoor
and outdoor space requirements for poultry.”

In particular, the proposed amendments provide for “a feed ration
sufficient to meet nutritional requirements, including vitamins, minerals,
protein and/or amino acids, fatty acids, energy sources, and fiber
(ruminants), resulting in appropriate body condition.” They also limit
physical alterations to those performed only at “a reasonably young age,
with minimal stress and pain and by a competent person,” and only in
cases determined to “benefit the welfare or hygiene of the animals, or for
identification purposes or safety.” In addition to disallowing needle teeth
trimming and tail docking in pigs except in documented situations where
alternative methods to prevent harm failed, the amendments would
prohibit the following practices: “de-beaking, de-snooding, caponization,
dubbing, toe trimming of chickens, toe trimming of turkeys unless with
infrared at hatchery, beak trimming after 10 days of age, tail docking of
cattle, wattling of cattle, face branding of cattle, tail docking of sheep
shorter than the distal end of the caudal fold, and mulesing of sheep.”

Among other things, AMS has also added wording to (i) clarify when
organic producers can administer approved synthetic medications and
vaccinations; (ii) prohibit the administration of hormones for production
or reproduction; and (iii) establish that milk “from animals undergoing
treatment with prohibited substances cannot be sold as organic or fed to
organic livestock.” New provisions would require comprehensive plans
to minimize parasite problems and forbid organic producers from (i)
withholding treatment “for injured, diseased, or sick animals, which may
include forms of euthanasia as recommended by the American Veterinary
Medical Association,” (ii) neglecting to keep records on treated animals;
(iii) practicing forced molting; or (iv) performing euthanasia by suffocation,
killing pliers, burdizzo clamps, or “a blow to the head by blunt
instrument.” See AMS Press Release, April 7, 2016.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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