The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has issued a final rule that amends National Organic Program (NOP) regulations to establish “a pasture practice standard for ruminant animals.” Seeking “to satisfy consumer expectations that ruminant livestock animals graze on pastures during the grazing season,” the final rule requires producers to (i) “provide year-round access for all animals to the outdoors”; (ii) “recognize pasture as a crop”; (iii) “establish a functioning management plan for pasture”; (iv) “incorporate the pasture management plan into their organic system plan (OSP)”; (v) “provide ruminants with pasture throughout the grazing season for their geographical location”; and (vi) “ensure ruminants derive not less than an average of 30 percent of their dry matter intake
(DMI) requirement from pasture grazed over the course of the grazing season.” This rule takes effect June 17, 2010, for operations seeking organic certification by this date. Operations already certified as of the rule’s publication must achieve compliance by June 17, 2011.

The rule also requires slaughter stock to have access to pasture during the finishing phase, but exempts them from the 30 percent DMI requirement. Organic farmers and ranchers apparently use finish feeding, which involves grain crops, to improve the grade of beef. According to a February 12, 2010, news release, “USDA received a substantial number of comments on provisions of the rule affecting finish feeding practices of slaughter livestock, and has extended the comment period for this provision for 60 days.”

“Clear and enforceable standards are essential to the health and success of the market for organic agriculture,” stated USDA Secretary Tom Vilsack. “The final rule published today will give consumers confidence that organic milk or cheese comes from cows raised on pasture, and organic family farmers the assurance that there is one, consistent pasture standard that applies to dairy products.” See Federal Register, February 17, 2010.

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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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