USDA Proposes Amendments to Livestock Provisions of Organic Program

The USDA has issued a proposed rule that will amend the livestock provisions of the National Organic Program by providing greater detail about pasture and ruminant animals and “clarify the replacement animal provision for dairy animals.” Comments must be submitted on or before December 23, 2008.

The Federal Register notice provides a history of the rule’s development and summarizes the content of the thousands of comments the agency received on an advanced notice of proposed rulemaking published in 2006. According to the agency, “[s]upport for strict standards and greater detail on the role of pasture in organic livestock production was nearly unanimous with just 28 of the over 80,500 comments opposing changes to the pasture requirements.”

Among the changes are (i) defining “crop” to include pastures, sod and cover crops; (ii) defining “livestock” as “Any bee, cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; fish used for food; wild or domesticated game; or other nonplant life”; (iii) specifying livestock feed standards; (iv) detailing livestock living conditions; and (v) requiring organic livestock operators to maintain auditable records, including “a functioning management plan for pasture.”

The Cornucopia Institute is apparently concerned that because the changes incorporate “major policy proposals that have never been reviewed by the industry, or, as Congress mandated, by the National Organic Standards Board,” they have the potential to “crash the other needed changes” and “indefinitely delay enforcement.” See Federal Register, October 24, 2008; Food Law Prof Blog, October 26,
2008.