A federal appeals court has ruled that the U.S. Department of Agriculture (USDA) is not clearly required by federal law to issue a regulation barring hydroponic growers from labeling their goods as organic. Ctr. for Food Safety v. Vilsack, No. 21-15883 (9th Cir., entered September 22, 2022). A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously held in an unsigned, unpublished opinion that the Organic Foods Production Act (OFPA) of 1990 does not clearly bar hydroponic production. The ruling comes in an appeal brought by consumer and organic farming industry groups in their suit against USDA filed in 2020 after the agency rejected their 2019 petition to issue regulations prohibiting organic certification of hydroponic agricultural production. They argued that hydroponic operations fail to satisfy the tenets of organic farming and do not meet the statutory and regulatory requirements of OFPA. The district court disagreed, granting the…
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The Center for Food Safety (CFS) and several agricultural firms have filed a lawsuit against the U.S. Department of Agriculture (USDA) challenging the agency's denial of the group's petition seeking to ban organic certification of hydroponic food growers. Ctr. for Food Safety v. Perdue, No. 20-1537 (N.D. Cal., filed March 2, 2020). USDA denied CFS's January 2019 petition, and CFS argues that the denial was arbitrary and capricious and violates the Organic Foods Production Act (OFPA). The complaint asserts that USDA ignored the National Organic Standards Board's 2010 recommendation against certifying hydroponic operations as organic and "issued a blanket statement" allowing certification that contradicted the recommendation of the board and a hydroponics task force. "USDA offered no supporting rationale for its statement. USDA made the statement in a website announcement, without any opportunity for public input and without taking any rulemaking action," the plaintiffs argue. Further, "USDA failed to explain…
The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled "organic," rejecting a challenge brought by organic-food producers. The board will also allow aquaponics, which combine hydroponic systems with farmed fishing operations, but will prevent products grown with aeroponics—plants suspended in air with the roots exposed—from carrying the "organic" label. The 8-7 vote was reportedly criticized by farmers who argue that some of the benefits of organic farming are its effects on the ecosystem, while hydroponics separates plants from their natural habitats.
