January 2023 Policy Update
January 2023
By Lily Hawkins, Policy Director
Leadership Changes in Congress
A divided Congress with narrowly held majorities on both sides means a challenging path for the 2023 Farm Bill.
This month marks the start of the 118th Congress, with Republicans narrowly in the majority. Representative Kevin McCarthy (California) was elected House Speaker early on Saturday, after 15th rounds of voting! This was the first time in 100 years that multiple rounds of voting were required to elect a House speaker. Because the Republican majority is so slim, just 20 House members on the far right were able to hold up the election and eventually extracted concessions that will significantly weaken the speaker position, and empower the most conservative wing of the party. The delay in electing the House Speaker also pushed back the formation of key House committees including the Ag Committee. Presumed House Ag Chair G.T. Thompson pushed back the date of his first committee listening session. Originally slated for this Saturday, it’s been rescheduled to Friday, January 13th.
Meanwhile in the Senate, where Democrats retained the majority, Agriculture Committee chair Debbie Stabenow (D-Michigan) has announced that she won’t seek reelection in 2024. Senator Mike Bennet (D-Colorado) is likely next in line for her committee chair position, though Senator Klobuchar or Senator Gillibrand may also seek the role. Democrats will be left with a tough Senate race in battleground state Michigan, providing motivation for them to try to pass the Farm Bill on time, before the next election cycle.
Organic Agriculture Makes Gains in the Appropriations Package
Last month, Congress finally passed the annual spending package, after months of delay. The bill will increase 2023 funding for the National Organic Program from $20 million to $22 million. The package also promises $7.5 million dollars to the Organic Transitions Program for organic research.
In addition to these funding increases, the spending omnibus includes language giving the USDA 30 days to report on available funding for relief for organic dairy farmers, and the following language highlighting the need for increased data collection about market conditions: “The agreement recognizes the need for organic dairy producers to have detailed data about market conditions in order to make decisions about the value of their products. Within 60 days of enactment of this Act, AMS is directed to brief the Committees on the feasibility of collection and publication of organic fluid milk data from all Federal Milk Marketing Orders.”
USDA Releases 2021 Organic Survey Results
Last month, USDA’s National Agricultural Statistics Service (NASS) release the results of their 2021 Organic Survey, a census of all known operations with certified or transitioning organic production in the United States conducted in cooperation with the USDA’s Risk Management Agency (RMA). The survey results show a 13% increase in total sales of organic products from 2019, and a 5% increase in the number of certified organic farms in that same period. Click here for the full results of the 2021 survey and previous surveys.
Save the Date: Rally for Resilience
Over the past year we’ve seen the launch of significant federal incentives for climate-friendly agriculture. And with 2023 as a Farm Bill year, the time is now to keep the pressure on in Washington for further policy change.
On March 6-8 farmers and farm organizations from around the country will converge in DC and at satellite events in other states to call on Congress to make sure the 2023 Farm Bill provides farmers with the resources and incentives they need to address climate change.
Click here to view the event page and find out how you can get involved.
December 2022 Policy Update
December 2022
By Lily Hawkins, Policy Director
All Midterm Election Results Are Now In
One month after the midterm elections we know the final outcome of all the national races. After John Fetterman’s win in Pennsylvania and Rev. Warnock’s victory in the runoff in Georgia, the Democrats will maintain their Senate majority despite Kyrsten Sinema’s recent decision to register as an independent. Senator Stabenow will likely maintain her role as Chair of the Senate Agriculture Committee.
Meanwhile, Republicans have taken control of the House, but with a smaller majority than they had hoped for. Representative G.T. Thompson of Pennsylvania has been elected as the new Chair of the House Agriculture Committee. He will have a challenge ahead in crafting a Farm Bill acceptable to both the far-right Freedom Caucus in the house and the Democratic-controlled Senate.
2023 Farm Bill Hearings Continue
Despite the narrow path the next Farm Bill will have to walk, incoming House Agriculture Chairman Thompson has publicly stated that he is committed to passing it on time. He has announced that he will hold a listening session-style hearing at the Pennsylvania Farm Show in Harrisburg during the first weekend in January. This will be a chance for him to formally lay out his priorities for the must-pass legislation as Committee Chair for the first time.
Meanwhile, House and Senate Agriculture Committees continue to hold hearings on the Farm Bill under the current leadership. Last week, Colorado organic farmer and former NOSB member Steve Ela delivered powerful testimony during the Senate Agriculture hearing on Farm Bill research programs, saying that more research is needed on the benefits of a systems-based approach in overcoming problems in agriculture.
You can read his full testimony here, and watch the hearing here.
Extended Deadline for Annual Spending Bills Draws Near
October 1 marked the beginning of the federal government’s new fiscal year. Congress was supposed to have passed annual appropriations bills to set spending for federal agencies such as the USDA. However, they were unable to reach an agreement on the final package of bills and passed a resolution allowing them to avoid a government shutdown by extending the deadline until December 16th.
With that deadline rapidly approaching, the two parties have yet to reach an agreement on spending levels for the final omnibus bill. Democrats have threatened to pass a year-long funding extension that will freeze federal spending at the current levels through September 30th, 2023.
In the appropriations bills that have been drafted for the USDA for Fiscal Year 2023, organic programs are faring well. The House has already passed a bill that would increase funding for the National Organic Program and includes language to direct the NOP to strengthen its enforcement of organic soil health requirements. The Senate has a draft bill, which also included an increase in funding for the NOP and good report language on enforcement. The Senate bill still needs to be passed, and any differences between the two bills must now be reconciled and passed by the extended December deadline.
Delayed Organic Regulations
With the Origin of Livestock final rule finally being released this spring, we still need USDA action on several other critical issues related to the integrity of the organic label. The public comment period on the proposed Organic Livestock and Poultry Standards rule closed last month and is now back at the Office of Management and Budget, a division of the White House that signs off on federal regulations, for review. We are also waiting for the USDA to finalize the Strengthening Organic Enforcement rule, which includes a long list of changes to the USDA’s process for detecting and preventing fraud in organic supply chains. Several months ago Agriculture Secretary Vilsack pledged that the rules would be released this year, so OFA is watching closely for any movement.
Do you have experience with Commodity Contracting through the Agricultural Marketing Service?
USDA wants to hear about "Barriers Facing Small Firms and Businesses Providing Halal, Kosher and Organic Products in Commodity Contracting With the Agricultural Marketing Service.” The Agricultural Marketing Service (AMS) wants to update its Commodity Procurement Program Small Business and New Vendor Strategy and is accepting public comment through December 27th. More information is available here.
It is difficult for organic producers to participate in these federal contracts, which purchase and distribute food to schools, food banks, Tribal organizations, and international food aid programs because they are generally awarded based on price. If you have experience dealing with these programs or have been frustrated that they aren’t more accessible, please consider submitting a comment this month, or reaching out to OFA Policy Director Lily Hawkins at lily@organicfarmersassociation.org.
Second Pool of Grants Awarded Through Partnerships for Climate-Smart Commodities
Yesterday, Secretary Vilsack announced that USDA will be investing $325 million in 71 projects as part of the Partnerships for Climate-Smart Commodities funding opportunity. This is the second round of funding and follows the September announcement of 70 projects selected to receive up to a total of $2.8 billion. USDA is distributing this funding with the goal of expanding markets for climate-smart commodities to benefit producers and reduce greenhouse gas emissions. This second round was intended to focus on projects involving small and/or underserved producers and minority-serving institutions.
There was enormous interest in the program with over $18 billion worth of proposals submitted. Several organizations with an organic focus received awards, including many projects led by OFA organization members and allies. The full list of awards given can be found here.
November 2022 Policy Update
November 2022
By Lily Hawkins, Policy Director
Today is Election Day
With many tight midterm races around the country, we are expecting changes in the committees working on annual spending bills and the 2023 Farm Bill. Once the votes have been counted and election results determined, each party will convene conferences in both the Senate and the House to determine their nominees. Whichever party comes away with the majority will appoint the committee chairs, and the percentage of a party’s representation in each chamber will determine how many seats they get on each committee. Then in January when the newly elected Senators and Representatives take office, they will vote to confirm the nominees. OFA will provide analysis of what those new assignments mean for organic policy in DC.
Expanded List of Import Codes Available for Organic Oversight
Identification and oversight of organic imports is key to ensuring organic integrity. USDA is working with Customs and Border Protection (CBP) to provide new electronic import oversight tools to monitor imports at US ports and borders.
Products with at least 3 importers and $1 million in annual imports can be assigned a unique Harmonized Tariff Schedule (HTS) code that the tool U.S. Customs and Border Protection (CBP) uses to track goods. Until recently there were only a few dozen of these HTS codes available for organic products, but the number has expanded over the last few years, and is now up to 84 organic, with 12 added this year.
HTS codes specific to organic will be especially important as electronic NOP Import Certificates are phased in. Some importers are already using the electronic system, as part of a voluntary pilot phase. USDA says they are working with stakeholders to build the case for more organic HTS codes to protect the organic seal and support supply chain traceability.
Ask the USDA for rapid implementation on Organic Animal Welfare Standards
This August, the USDA released a proposed rule to update the Organic Poultry and Livestock Standards. The public comment was originally set to close on October 11th, but has been extended through November 10th.
These updated standards have been awaited for years, with many delays including lawsuits triggered by the USDA’s decision not to finish an earlier proposal. OFA supports the proposed rule, which would not allow porches in chicken houses to qualify as outdoor access.
However, the USDA has proposed possible 5 year or 15 year timelines for certified egg-producing operations to come into compliance with the rule once it’s been finalized. OFA is urging USDA to set a faster 3 year timeline, to rapidly finalize the rule and level the playing field for farmers as soon as possible.
Click here to send a comment telling USDA you support the proposed rule, and that they need to set a more aggressive 3 year implementation timeline.
Join the USDA Listening Session on Organic Pinpointed Market Development Support
On November 15th USDA will host a listening session to “invite input from stakeholders about innovative ways in which organic infrastructure investments could support increased access to processing, storage, distribution, and consumer markets.” The listening session will take place on Zoom from 3-4pm EST, and written questions and comments can be submitted in advance. This is an opportunity for organic farmers to let the USDA know how Organic Transition Initiative funding can be most helpful. For more details and the RSVP link click here.
Coming Up: OFA’s Annual Policy Platform Process
Over the winter, OFA will begin its annual policy platform and priority setting process. This begins with a survey of all U.S. certified organic farmers and OFA organizational members asking them to submit policy position proposals and prioritize policy issues. Once the results are in, OFA’s Policy Committee will review the results, and draft policy statements for review and comment by membership. The final proposals will be voted on by OFA farmer members, and those that get 60% of the popular vote and 60% popular support in at least two-thirds of the regions will become part of the OFA policy platform.
October 2022 Policy Update
October 2022
By Lily Hawkins, Policy Director
Comments on Proposed Animal Welfare Standards Due November 10th
This summer, the USDA released a proposed rule to update the organic standards for how livestock are raised. This comes after years of delay, including lawsuits triggered by the USDA’s decision not to finish an earlier proposal. The proposed Organic Livestock and Poultry Standards rule would not allow porches in chicken houses to qualify as outdoor access, but does request input from the public on how long it should give current operations to come into compliance with tighter standards. The deadline for public comments was originally set for October 11th, but last week it was pushed back to November 10th.
These stronger standards are long overdue, and we are asking USDA to set a faster 3 year timeline than the 5 year or 15 years they have proposed for certified egg-producing operations to meet the outdoor space requirements for laying hens..
Deadline for Annual Spending Bills Extended
October 1 marked the beginning of the federal government’s new fiscal year. Congress was supposed to have passed annual appropriations bills to set spending for federal agencies such as the USDA by September 30th. However, they were unable to reach an agreement on the final package of bills and instead passed a resolution to allow the government to continue operating under the 2022 budget until December 16th - narrowly avoiding a government shutdown.
In the appropriations bills that have been drafted for the USDA for Fiscal Year 2023, organic programs are faring well. The House has already passed a bill that would increase funding for the National Organic Program and includes language to direct the NOP to strengthen their enforcement of organic soil health requirements. The Senate has a draft bill, which also included an increase in funding for the NOP and good report language on enforcement. The senate bill still needs to be passed, and any differences between the two bills must now be reconciled and passed by the extended December deadline.
Watch the National Organic Standards Board’s Fall Meeting
The NOSB meets twice a year to work on recommendations to the USDA about organic standards and the National List of materials that are allowed or prohibited in organic production. After several years of virtual meetings, the NOSB is planning for an in-person meeting in October in Sacramento, California, but will continue to only take public testimony virtually. Watch OFA’s tweets @OrganicFarmersA to follow organic farmer testimony.
- Public Comment Webinar Day 1: Tuesday, October 18 from Noon - 5:00 pm Eastern
- Public Comment Webinar Day 2: Thursday, October 20 from Noon - 5:00 pm Eastern
- NOSB Public Meeting Day 1: Tuesday, October 25 from 9:00 am - 5:00 pm Pacific
- NOSB Public Meeting Day 2: Wednesday, October 26 from 9:00 am - 5:00 pm Pacific
- NOSB Public Meeting Day 3: Thursday, October 27 from 9:00 am - 5:00 pm Pacific
The deadline to register for comments has closed, but you can still watch the meeting online. Click here for more information and the link to watch! You can also read OFA’s written comments.
Congress Members Campaigning in Home Districts
With the midterm elections just one month away you may see your member of Congress campaigning at events in your area. This is a great opportunity to ask them to support our priority issues.
Here are some ideas of what to say if you get the chance:
- “Will you support Farm Bill funding to support independent organic farmers and help move more U.S. farms to organic methods?”
- “Will you encourage the USDA to swiftly implement updates to animal welfare provisions in the organic standards?”
- You can even invite your member of Congress to visit your farm for a more in depth conversation.
Grants Awarded Through Partnerships for Climate-Smart Commodities
In September, the USDA announced 70 projects that were selected to receive up to a total of $2.8 billion as part of a funding opportunity called Partnerships for Climate-Smart Commodities. This was the first of two planned funding pools that the USDA is distributing with the goal of expanding markets for climate-smart commodities to benefit producers and reduce greenhouse gas emissions. There was enormous interest in the program with over $18 billion worth of proposals submitted. Several organizations with an organic focus received awards, the full list of awards given in this first round can be found here.
Project proposals for the second pool were due in June, and are currently being evaluated by the USDA, and the selections should be announced later this year. They say the focus of the second round will be on projects involving small and/or underserved producers and minority-serving institutions.
Pipeline Foods "Clawback" Letters
Information for Organic Farmers Who Sold Grain to Pipeline Foods
On July 8, 2021, organic and non-GMO grain buyer Pipeline Foods filed for Chapter 11 bankruptcy. Earlier this year, the company’s bankruptcy proceeding was finalized by a court in Delaware.
Unfortunately, for some organic farmers who sold to Pipeline, this situation is still not behind them. This summer, some farmers have received “clawback” letters from a law firm in Minnesota serving as the trustee for Pipeline Foods’ liquidation.
IF YOU HAVE RECEIVED ONE OF THESE LETTERS, DO NOT IGNORE IT. Unfortunately, this seems to be a legitimate part of the bankruptcy process.
The letters claim that farms that were paid by Pipeline Foods during the 90 days leading up to the bankruptcy filing (on July 8, 2021) now must return a portion of that payment to the bankruptcy proceeding.
Here are some things you can do if you have received one of these letters:
- Gather information about your history with Pipeline Foods – how many times did you sell grain to the company, on what dates, when did they make payment, etc. This could be important in establishing that the payment you got during the 90-day period before the bankruptcy was similar to your previous transactions with the company. If you have contracts with Pipeline, gather those as well.
- Contact an attorney. If you already have an attorney you use for farm business, start with them. Ask if they have experience with bankruptcy proceedings. If not, ask them to refer you to someone who does.
- When you show the letter from the bankruptcy trustee to your attorney, ask them to look into two possible arguments to make in response:
- Your payment should be exempt from a preference claim because it was made in the “ordinary course of business.”
- Your payment should be exempt from a preference claim because it was a contemporaneous transaction made for “new value.” (This would apply to payments made for grain delivered within 90 days before the bankruptcy date.)
These exemptions are spelled out under 11 USC 547(c).
- Ask for an extension. The letter from the trustee gives a very tight deadline to reply with a payment. The first step your attorney may want to take is to ask for more time to formulate your response explaining why your payment is not subject to clawback by the trustee.
- Let OFA know if you have received one of these letters. We will try to keep people updated and share resources about ways to respond. You can email Kate Mendenhall, OFA Executive Director, kate@organicfarmersassociation.org or fill out a short survey about your situation. Knowing how many farmers have been affected will help us strategize on the best way to help you as a whole.
September 2022 Policy Update
September 2022
By Patty Lovera, Policy Director
USDA Support for Organic Transition
On June 1st, Agriculture Secretary Vilsack gave a speech on the USDA’s plans to transform the American food system, focusing on increasing resilience in food supply chains. One of the plans he announced was for USDA to establish a program, funded with $300 million, to assist farms that are transitioning to organic certification. On August 22nd, USDA released more details on the Organic Transition Initiative, which will provide $300 million to three areas:
- $100 million for “wrap around technical assistance” for farms going through the transition process. The USDA plans to “build partnership networks in six regions across the U.S. with trusted local organizations serving direct farmer training, education, and outreach activities…The organizations will connect transitioning farmers with mentors, building paid mentoring networks to share practical insights and advice.”
- $100 million for direct assistance to farmers through conservation and crop insurance programs. The Natural Resources Conservation Service will develop a new organic management conservation practice standard and offer financial and technical assistance to producers who implement the practice, and increase organic expertise at each of its regional technology support centers. USDA will also create a new Transitional and Organic Grower Assistance Program at the Risk Management Agency, which will support transitioning and certain certified organic producers’ participation in crop insurance, including coverage of a portion of their insurance premium.
- $100 million to improve organic supply chains. USDA will focus on key organic markets where the need for domestic supply is high, or where additional processing and distribution capacity is needed for more robust organic supply chains. More details on this initiative will be released later this year.
Changes to Crop Insurance Programs Used by Specialty Crop and Diversified Farms
At the end of August, the USDA announced changes to the Whole-Farm Revenue Protection (WFRP) and Micro Farm insurance programs. The WFRP program provides protection for all eligible commodities on a farm under one insurance policy. Changes to WFRP include:
- Doubling the maximum insurable revenue to $17 million
- Allowing a producer to report and self-certify yield at the beginning of the year for commodities without other insurance options in a way similar to those with individual crop policies.
- Eliminating expense reporting to reduce paperwork burden. In place of expense reporting, WFRP will reduce the expected revenue of commodities a producer is unable to plant to 60%, similar to prevented planting for other programs.
The MicroFarm program is offered through WFRP and provides coverage for all eligible commodities on a farm under one insurance policy on a smaller scale. The program used to be for farms with up to 100,000 in approved revenue, and now the limit has been raised to $350,000.
These updates to WFRP and Micro Farm take effect in crop year 2023.
Annual Spending Bills Support Organic Programs
This month, Congress needs to address the upcoming deadline for passing annual spending bills for federal agencies like the USDA. October 1 is the beginning of the federal government’s new fiscal year, and Congress needs to pass new “appropriations” bills or an extension by that date, or the federal government will partially shut down. At this point, it is likely that Congress will have to pass an extension, probably until early December, and then try to pass new bills for the rest of the fiscal year.
In the appropriations bills that have been drafted for the USDA for Fiscal Year 2023, organic programs are faring well. The House has already passed a bill that would increase funding for the National Organic Program and included language to direct the NOP to strengthen their enforcement of organic soil health requirements. The Senate has a draft bill, which also included an increase in funding for the NOP and good report language on enforcement. The bill still has to be passed by the full Senate, and then any differences between the House and Senate versions will have to be reconciled.
Participate in the National Organic Standards Board’s Fall Meeting
The NOSB meets twice a year to work on recommendations to the USDA about organic standards and the National List of materials that are allowed or prohibited in organic production. After several years of virtual meetings, the NOSB is planning for an in-person meeting in October in Sacramento, California.
- Public Comment Webinar Day 1: Tuesday, October 18 from Noon - 5:00 pm Eastern
- Public Comment Webinar Day 2: Thursday, October 20 from Noon - 5:00 pm Eastern
- NOSB Public Meeting Day 1: Tuesday, October 25 from 9:00 am - 5:00 pm Pacific
- NOSB Public Meeting Day 2: Wednesday, October 26 from 9:00 am - 5:00 pm Pacific
- NOSB Public Meeting Day 3: Thursday, October 27 from 9:00 am - 5:00 pm Pacific
You can watch the meeting online, and the public comment portions of the meeting will still be virtual. Meeting information and the registration form to sign up for public comment are here (registration form is at bottom of page.)
Proposed Animal Welfare Standards
By Harriet Behar
Even though the NOP organic standards state that all organic livestock should have access to the outdoors, an opportunity to express their natural behavior and have living conditions that lessen stress to promote health and well-being, these rules have not been universally implemented by all USDA organic operations. Large organic poultry operations have provided small “porches” and have convinced the NOP and certifiers that this is the same as providing outdoor access. Operations that do provide outdoor access, with living vegetation, shade, food and water have a significant economic investment that others have avoided. The NOP has acknowledged that there has been a “market failure” with many organic producers providing quality humane living conditions and others mirror standard confined animal practices, creating confusion in the marketplace.
The Obama administration published a final rule in January 2017 to make organic regulations more in line with other animal welfare certifications. The Trump administration withdrew the rule later that same year, and it was not implemented. In the past five years and prior to 2017, many organic livestock producers have felt the need to pay for additional animal welfare certifications, to differentiate themselves from other organic operations and more clearly communicate to consumers the humane aspects of their operations.
SOME PROBLEMS WITH THE RULE
IMPLEMENTATION TIMELINE
A significant difference between the 2017 version and the 2022 version of this rule, is a proposed implementation timeline for avian outdoor access. The NOP has proposed either a 5-year or 15-year implementation timeframe for operations currently certified as organic. Many organic advocacy groups have spoken out against both the 5- and 15-year implementation timeframe. It can be argued that to be fair to all crop and livestock operations that make investments and capital improvements when they transition to organic, providing a three-year “transition” to providing true outdoor access is the only fair way to approach this implementation. The NOP should prioritize the majority of organic livestock operations that for years have upheld humane animal standards to provide outdoor access and allow animals to express their natural instincts, and have suffered unfair competition with operations that do not provide their poultry meaningful outdoor access. Rapid implementation is needed to remedy this situation as quickly as possible.
NATURAL LIGHT REQUIREMENT
Birds should not be allowed to be kept in darkness during the daytime. This statement from the 2017 version was removed: Natural light must be sufficient indoors on sunny days so that the inspector can read and write when all lights are turned off. Confinement raised ducks are commonly kept in dimly lit or dark conditions in buildings with no windows. Numerous humane animal standards require sufficient natural light during the day along with artificial light of limited duration as the days get shorter. Organic farmers advocating for improvement in this area can make a difference.
VEGETATIVE COVER OF OUTDOOR ACCESS
The new regulation only requires half the outdoor access area to be soil and that soil should have “maximal vegetative cover” appropriate for the season, climate, geography, and species of livestock. This is another area where more specificity is needed. What does “maximal vegetative cover” look like on your farm? What do you do to promote healthy height and density to provide a quality forage area? Rotation, renovation, reseeding, and irrigation are used to provide lush vegetation that provides for healthy livestock as well as protection of soil and water quality. Areas of gravel and concrete should be limited to areas of high usage or possible erosion, such as right next to the doors, at roof driplines, walkways, and food and water areas. The vegetated area needs to be as close as possible to the building, and not be around the corner of the building where the birds might never use it. The vegetation should be managed in a way so it can regenerate and not permanently be denuded.
TEMPERATURE
As written now, the birds can be temporarily confined inside when the outside temperature is below 40 degrees and above 90 degrees Fahrenheit. Most birds can tolerate a larger temperature range. In many areas of the country, this keeps the birds confined for a significant portion of the year. Can you give examples of what you do on your farm and its effect on your birds?
BIRD DENSITY
Both the indoor and outdoor sq ft per bird requirements are at the lower end of the humane certifications. Outdoor areas for broilers is set at 1-1.25 sq ft per bird, for mature layers it is set at about 1.5 sq ft per hen, and for pullets it is set at about 1 sq ft per hen. Indoor areas for mature layers is set at 1-1.5 sq ft per bird depending on the type of housing and for broilers 1-1.25 sq ft per bird. The actual numbers in the regulation are based upon the average weight of the birds in the flock, so these numbers are approximate. European standards require approximately 42 sq ft per bird, but this can be accomplished through repeated rotations in a variety of areas over a full season, encouraging producers to continually move their flocks. This lessens parasite and disease problems, provides for healthier vegetation, and protects soil and water quality from the damage of overstocking. What suggestions do you have for stocking rates and forage management?
SWINE TAIL DOCKING & NEEDLE TEETH CLIPPING
Needle teeth clipping and tail docking in pigs is not typically allowed in humane standards. In this regulation, they are only allowed when documented that “alternative steps to prevent harm fail.” This area could be strengthened with more descriptive wording to provide more space and better living conditions which remove the need for these alterations. Swine producers are encouraged to provide further descriptions that have worked in their operations.
TEMPORARY CONFINEMENT OF YOUNG DAIRY CALVES
Should young dairy calves be allowed to be temporarily confined indoors for up to six months or until weaned? There is an allowance for this, as long as the calves can see, hear and smell other calves. Youngstock benefit from being outdoors, especially when seasonally appropriate. Should there be a requirement for some outdoor access for these young animals?
The NOP has acknowledged that consumers will pay more for livestock products where poultry are truly outdoors as well as all species being managed under humane requirements. Consumers deserve a speedy implementation to lessen the current market confusion and the profusion of labeling claims. The organic label should consistently uphold consumer expectations of healthy environmental and animal production practices. Your voice is important to this process!
August 2022 Policy Update
August 2022
By Patty Lovera, Policy Director
Animal Welfare Standards Finally on the Move
After years of delay, including lawsuits triggered by the USDA’s decision not to finish an earlier proposal, the Organic Livestock and Poultry Standards proposed rule is finally moving! Late last week, the USDA released a proposed rule to update the organic standards for how livestock are raised. The proposed rule would not allow porches in chicken houses to qualify as outdoor access, but does request input from the public on how long it should give current operations to come into compliance with tighter standards.
OFA is doing an in-depth analysis of the proposed rule and will share more details about what topics need farmer input during the public comment period. The comment period will be open until early October. USDA is also hosting a virtual listening session on August 19 from 12-2 pm ET. You must register by August 15 to give oral comments during this session.
Congress Injects Funding into Conservation Programs
After more than a year of stops and starts, Congress is about to pass a large spending package to address climate change, including a historic infusion of money into several USDA conservation programs. In late July, after many predictions that there was no chance to pass a bill, Democrats in the Senate came to an agreement on a package of tax reforms and spending on healthcare and climate change. The bill, referred to as budget reconciliation, uses a special procedure that bypasses the normal requirement of 60 votes in the Senate. This means it can be passed with only Democratic votes in the 50-50 Senate. Over the weekend, the Senate passed the bill and the House is expected to return from recess to vote on the bill this Friday.
The bill would provide $18.1 billion over four years for several USDA conservation programs, including the Environmental Quality Incentives Program and the Conservation Stewardship Program, with a focus on practices that address climate change. It would also provide $2 billion over several years for the Rural Energy for America Program to provide loans and grants to agricultural producers and rural businesses for renewable energy systems. Organic is mentioned as one of many purposes for increased conservation spending, and OFA will be working with our allies to make sure that USDA uses this new funding in ways that work for organic farmers.
This increased funding for conservation programs has also triggered a lot of debate about how it will impact the next Farm Bill. The current Farm Bill expires in 2023, and Congress has started the process of developing the next bill. With the new funding provided by the reconciliation bill, the process of writing the Farm Bill could provide another opportunity for Congress to instruct the USDA on how to focus conservation programs.
This summer, OFA has been working with our allies in the organic community to refine our Farm Bill proposals, on fixing organic certification cost-share, supporting organic research, tackling fraud in organic supply chains and other issues.
Annual Spending Bills Support Organic Programs
Congress is also slowly moving through the process of completing the annual spending bills for federal agencies like the USDA. These “appropriations” bills happen every year in a very prescribed process, not to be confused with the special budget reconciliation bill that just passed and provided supplemental funding for specific programs.
In the appropriations bills that have been drafted for the USDA for Fiscal Year 2023 (which starts on October 1st), organic programs are faring well. In July, the full House passed a bill that would increase funding for the National Organic Program and included language to direct the NOP to strengthen their enforcement of organic soil health requirements. At the end of July, the Senate Appropriations Committee released their draft bill, which also included an increase in funding for the NOP and good report language on enforcement. The bill still has to be passed by the full Senate, and then any differences between the House and Senate versions will have to be reconciled. It is unlikely that Congress will get all of these steps completed before the October 1st deadline, and will have to pass an extension to let federal agencies continue to run on this year’s budget levels.
Get Involved: Advocate for Organic Farms This Summer!
Many members of Congress, especially members of the Agriculture Committees, are beginning to hold public sessions to get input on the next Farm Bill in their districts this summer. If you have a Senator or Representative serving on the Agriculture Committee, you could call their office to ask if they are planning to have any public sessions to get input on the Farm Bill. Let OFA staff know if you are planning to attend any of these sessions and need any information about organic priorities for the next Farm Bill. For tips on setting up a meeting in your legislator’s district office, check out OFA’s website.
July 2022 Policy Update
July 2022
By Patty Lovera, Policy Director
Delayed Organic Regulations
After the USDA finally released the Origin of Livestock final rule this spring, pressure is growing on the agency to make progress on several other critical issues related to the integrity of the organic label. When the Under Secretary for Marketing and Regulatory Programs at USDA, Jenny Lester Moffitt, spoke to OFA members at our annual meeting in June, she said that she hoped both the Organic Livestock and Poultry Standards proposed rule and the Strengthening Organic Enforcement final rule would come out this summer. The OLPS proposed rule is a long overdue update to animal welfare requirements for organic operations and the Strengthening Organic Enforcement rule includes a long list of changes to USDA’s process for detecting and preventing fraud in organic supply chains. Under Secretary Moffitt also referenced the long list of National Organic Standards Board recommendations that the USDA needs to move through the process to update the organic standards, and said they are committed to making progress on that backlog.
USDA Support for Organic Transition
On June 1st, Agriculture Secretary Vilsack gave a speech on the USDA’s plans to transform the American food system, focusing on increasing resilience in food supply chains. One of the plans he announced was for USDA to establish a program, funded with $300 million, to assist farms that are transitioning to organic.
At OFA’s annual meeting, Under Secretary Moffitt offered a little more detail about what the USDA is considering for this program. She mentioned that a top priority for the program would be providing technical assistance for farms going through the transition to organic, highlighting the role of mentorship. Providing support through improved conservation and crop insurance programs are also on the list for this program. And the final piece of the transition program Under Secretary Moffitt described was working to increase the market for organic products. She emphasized that the USDA understands that encouraging more farms to go organic in a market that is already oversupplied is not helpful, and that they want to target their efforts at parts of the organic market where we need more domestic organic farms to meet demand. OFA will continue to engage with the USDA as they develop this new program.
Congress Gets Input on the Next Farm Bill
The current Farm Bill expires in 2023, and Congress has started the process of developing the next bill. The House Agriculture Committee is working through a series of hearings to examine how USDA programs are working, and the Senate Agriculture Committee has held hearings in Michigan and Arkansas (home to the committee chair and ranking member.) In June, the committee had a hearing on the role of climate research in supporting agriculture resiliency, which included testimony on climate benefits of organic production from the Organic Farming Research Foundation.
This summer, OFA will be working with our allies in the organic community to refine our Farm Bill proposals, on fixing organic certification cost-share, supporting organic research, tackling fraud in organic supply chains and other issues. And many members of Congress, especially members of the Agriculture Committees, are beginning to hold public sessions to get input on the next Farm Bill in their districts this summer. There are at least two sessions scheduled for late July (in Washington and Minnesota), and more could be scheduled for this summer. If you have a Senator or Representative serving on the Agriculture Committee, you could call their office to ask if they are planning to have any public sessions to get input on the Farm Bill. Let OFA staff know if you are planning to attend any of these sessions and need any information about organic priorities for the next Farm Bill.
Get Involved: Advocate for Organic Farms This Summer!
As discussions about the next Farm Bill ramp up, this summer is an important opportunity to share policy priorities for organic farmers with your members of Congress. A good way to do that is to try to meet with your elected officials while they are back home more often during the summer. During periods when Congress is not meeting in Washington, DC, legislators spend time at home in their districts, and you can arrange a meeting with them or their staff there.
For tips on setting up a meeting in your legislator’s district office, check out OFA’s website.