The U.S. Department of Agriculture’s National Organic Program (NOP) has evidently declined to revisit a final rule published February 17, 2010, that dealt with access to pasture requirements for livestock. In addition to establishing “a pasture practice standard for ruminant animals,” the rule established conditions for organic slaughter stock at “finish feeding” operations, where cattle is typically fed grain crops to improve the grade of beef. In particular, NOP exempted these animals from a provision requiring organically raised ruminants to derive “not less than an average of 30 percent of their dry matter intake (DMI) requirement” from grazing. The agency then solicited comments addressing (i) whether NOP should consider infrastructural and regional differences in finish feeding operations; (ii) the length of the finishing period; and (iii) the use of feedlots for finishing organic slaughter stock.

Based on the 500 individual and 14,000 form letters received in response to this request, NOP opted to conduct “two site visits of organic finish feeding operations in December 2010,” but ultimately declined “to amend the provision on ruminant slaughter stock.” The agency also issued a May 10, 2011, Federal Register notice explaining its rationale and discussing the comments it received from organic beef producers, state agencies, animal welfare and consumer organizations, certifying agents, retailers, and a trade association. Further details about the February 2010 final rule appear in Issue 338 of this Update.

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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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