USDA Releases New Organic "Pasture Rule" --- Running out the Clock for Family Farmers? Contact: Mark Kastel, 608-625-2042
"While I appreciate the fact that the USDA has issued proposed rules to clarify pasture requirements, based on NOSB recommendations, I am very concerned about the proposed language on dairy replacement animals," said Jim Riddle, a past chair and member of the National Organic Standards Board. Added Riddle: "The proposed change, contrary to language recommended by the NOSB, would institutionalize the current two-track system, which allows certain operations to continually bring in conventional heifers, while other operations are required to use only replacement heifers that have been raised organically from the last third of gestation. There should be one standard for all organic dairy farms, once they have converted to organic production. "
And Kastel explained that "our concern is that vital rulemaking, that many have worked so hard on for about eight years, will be seriously delayed by the new potential controversy the USDA will stir up over added provisions never vetted by the NOSB or the industry at large." In addition to addressing the pasture and dairy animal replacement issue the USDA rule proposes expanding the definition of livestock to include bees and aquatic animals. "We ask that the USDA separate the organic dairy rulemaking, agreed-upon by the majority of the industry, from the other new provisions they have put forward and immediately adopt it into law," Kastel stated. "Although many of the USDA's new proposals are meritorious, by packaging these new initiatives together with the long debated dairy provisions it may guarantee years of additional delays to the widespread calls to ramp-up enforcement on the bad actors." The Cornucopia Institute stated, "We highly recommend that farmers and consumers carefully scrutinize the proposed rules and ask the USDA to incorporate the well-vetted proposals that crackdown on corporate dairy while tabling other provisions until they have adequate public scrutiny." The USDA was also the subject of intense criticism in 2004 when they proposed other major policy alterations to the organic law without review by the NOSB, public hearings and the opportunity for written comments from all industry stakeholders. The media attention and groundswell of criticism at the time caused then USDA Secretary Ann Venneman to withdraw the proposals, apologize, and promise better collaboration with the industry in the future. "Whether, as some cynics have suggested, the USDA's loading up the past rule with other major policy is an out and out attempt to run the clock out on cracking down on the major corporate scofflaws, or whether this is just an inappropriate attempt by regulators to ignore the congressionally mandated collaborative process with the industry, is unknown," Kastel lamented. "The record clearly illustrates that after five policy proposals from the NOSB since 2000, none of which have heretofore been adopted by the USDA, they have taken every possible excuse to delay cracking down on abuse in our industry," Kastel said. After 20 years of sustainable pricing organic dairy farmers have seen their profit margins so pinched, by unfair competition from the 30,000-40,000 cows on factory farm dairies that are allegedly operating illegally, that some are being forced to liquidate their farms while others are hanging on watching their profitability curdle. "The USDA has looked the other way when it comes to enforcement and now it appears that they may be running out the clock on this new rulemaking process," Kastel said. - 30 - MORE: New, major policies proposed by the USDA include (never reviewed or recommended by the NOSB):
- Eliminating the fattening of beef cattle on grain, in feedlots, for the last few months of their lives. Although many might view this proposal as meritorious it would radically change the industry and could force some operators out of business. Full analysis and discussion by the industry is vitally necessary.
- Setting aside part of a farmer's land in a "sacrifice" pasture for when weather conditions make grazing unsuitable. This might be a provision that some current operators cannot meet and might violate certain state and federal environmental standards. This may have positive application but its overall impacts have never been fully analyzed.
- Classifying bees and aquatic species as livestock will likely garner positive and negative response from that industry sector depending on its perceived present and future regulatory impact.
- The USDA draft rule ignores the NOSB recommendation to eliminate the "continual transition" of conventional cattle, brought onto organic dairy operations. The industry has universally agreed that all animals brought onto a farm, after its initial transition to organics, must be managed organically from the last third of gestation. Animals raised for meat already have to meet this higher standard. Many industry experts feel that the USDA has misinterpreted the law, for years, allowing giant factory farms to "burnout" their cattle, prematurely sending them to slaughter, and replacing them with cheap conventional cattle on an ongoing basis. This new rulemaking proposes that the department's "misinterpretations" become institutionalized as law.
