Kate Mendenhall

Letter to Secretary Perdue Concerning Origin of livestock

December 2, 2019
The Honorable Sonny Perdue
Secretary
U.S. Department of Agriculture
1400 Independence Avenue SW
Washington, D.C. 20250

Dear Secretary Perdue,

The undersigned organizations are unified in our support for the proposed Origin of Livestock Rule. Rulemaking is critical to bring consistent enforcement, maintain a level playing field to all organic dairy producers, and uphold strong organic integrity for all organic farmers. We urge you to quickly review submitted comments and move towards immediate implementation of the Rule.

The Origin of Livestock Rule is needed to uphold consumers’ expectations about organic dairy by specifying that organic dairy animals must be raised organically from the last third of gestation or be raised organically for one year if transitioning a conventional herd to organic, which is allowed only once. Once a distinct herd is transitioned to organic, all animals must be raised organically from the last third of gestation. It must be prohibited to cycle dairy animals in and out of organic production.

The delay in issuing a final Rule has resulted in economic harm for organic dairy farmers from low pay prices caused by an oversupply of organic milk enabled and encouraged by loopholes in the current rule. As you are aware, 99% of the original comments to the 2015 Origin of Livestock Rule supported making these same changes. We urge you to ensure the final rule reflects the much-needed clarity requested by the organic dairy producer community and upholds a strong sense of organic integrity.

Both the House and Senate responded to the requests of the organic industry by including bill language in the Fiscal Year 2020 Agriculture, Rural Development, Food and Drug Administration and Related Agency Appropriations Bill requiring USDA to issue a final Origin of Livestock rule within 180 days from the date of enactment. The current rule is inhibiting the National Organic Program’s ability to provide consistent and fair enforcement; leaving our nation’s organic animal standards unfair and inconsistent.

The strong public-private partnership between USDA and the organic industry has created a foundation that has allowed the industry to grow into a $50 billion market. This provides economic opportunities for U.S. farmers and businesses and produces one of the most highly trusted labels by consumers.

We respectfully ask you to move quickly to end the five-year wait for legal clarity and consistent implementation of origin of livestock regulations. Organic dairy farmers are suffering, and we have the solution to level the playing field and uphold consumers’ expectations with strong regulations. We know you share a desire for strong enforcement and integrity and trust you will act quickly to issue and implement a Final Rule.

Sincerely,

National Organic Coalition
Organic Farmers Association
Organic Trade Association
Accredited Certifiers Association, Inc.

Be A Blessing Farm
Beretta Dairy
Beyond Pesticides
California Cloverleaf Farms
CCOF
Center for Environmental Health
Cuatro Puertas
Dr. Bronner's
ETKO
FairShare CSA Coalition
Farm Aid
Food & Water Watch
Food Animal Concerns Trust (FACT)
Food Democracy Now!
FoodChain ID
Friends of the Earth
Hanover Co-op Food Stores
Hoosier Organic Marketing Education
IFOAM North America
Iowa Organic Association
Kanalani Ohana Farm
Lancaster Farm Fresh Co-op
LSAdderson, Inc.
Maine Organic Farmers and Gardeners Association
McClelland's Dairy
Mensonides LLC Providence Farms
Midwest Organic and Sustainable Education Service (MOSES)
Midwest Organic Dairy Producers Alliance
MOFGA Certification Services, LLC
Montana Organic Association
MOSA Certified Organic
National Family Farm Coalition
National Farmers Organization
Natural Resources Defense Council
Nature's International Certification Services
New England Farmers Union
NOFA-NY Certified Organic LLC
Northeast Farming Association of New Jersey (NOFA-NJ)
Northeast Organic Dairy Farmers Alliance
Northeast Organic Farming Association - Interstate Council
Northeast Organic Farming Association of Connecticut
Northeast Organic Farming Association of New York (NOFA-NY)
Northeast Organic Farming Association of Vermont
Northeast Organic Farming Association/Massachusetts Chapter (NOFA/Mass)
Northwest Center for Alternatives to Pesticides
OFARM Organic Farmers Agency for Relationship Marketing
Ohio Ecological Food and Farm Association
OneCert, Inc.

Oregon Tilth
Organic Crop Improvement Association Research & Education, Inc.
Organic Seed Alliance
Organic Seed Growers and Trade Assn (OSGATA)
OrganicEye
Pennsylvania Association for Sustainable Agriculture (PASA)
Pennsylvania Certified Organic (PCO)
Pesticide Action Network of North America
Primus Auditing Ops.
Quality Certification Services
Real Organic Project
Rocky Mountain Farmers Union
Rodale Institute
Sonoma County Department of Agriculture/Weights & Measures
Sonoma County Farm Bureau
Straus Family Creamery
Straus Organic Dairy Farm
The Cornucopia Institute
The Land Connection
Upstate Niagara Cooperative, Inc.
Vermont Organic Farmers (VOF)
Virginia Association for Biological Farming
Wesen Farms Inc
Western Organic Dairy Producers Alliance
Wild Farm Alliance

by Kate Mendenhall

Comments Concerning Origin of Livestock Submitted to the NOP

December 2, 2019
Paul Lewis, Standards
Division, National Organic Program,
USDA-AMS-NOP,
1400 Independence Ave., SW,
Room 2642-So., Ag Stop 0268,
Washington, DC 20250-0268

Dear Mr. Lewis,

The Organic Farmers Association is writing to provide comments on docket number AMS-NOP-11-0009/ Regulatory Information Number (RIN) 0581-AD08. The Organic Farmers Association is providing comment now as the organization was created after the 2015 Origins of Livestock Rule comment period ended.

The mission of the Organic Farmers Association is to provide a strong and unified national voice for domestic certified organic producers. With the purpose to build and support a farmer led national organic farmer movement and national policy platform by: developing and advocating policies that benefit organic farmers; strengthening and supporting the capacity of organic farmers and farm organizations; and supporting collaboration and leadership among state, regional and national organic farmer organizations. We represent the 19,500 certified organic farmers and have organic farmer members in 48 of the 50 states.

The current Origin of Livestock rule is inhibiting the National Organic Program’s ability to provide consistent and fair enforcement; leaving our nation’s organic animal standards unfair and inconsistent. Our members have experienced the inequities created by the lack of clarity within the current rules outlining bovine dairy transition to organic dairy production. Our farmer members have ranked NOP enforcement and origin of livestock and pasture rule enforcement top policy priorities for in each of the two years we have administered a national organic farmer policy survey. We are encouraged that Congress has listened to its constituents, our membership and the organic farming community, to include language in the FY20 Agriculture Appropriations bill requiring USDA to implement the 2015 OOL Rule.

Organic Farmers Association supports an immediate issue of the Final Origin of Livestock Rule followed by immediate implementation and asks the USDA to include the following comments in the Final Rule:

1. A producer as defined by USDA NOP may transition bovine dairy animals into organic production only once.
2. A producer is eligible for this transition only if they convert an entire established non- organic dairy operation to organic production at the same geographic location within a defined 12-month period. Once that transition has started, other non-organically certified animals cannot be added to the herd.
3. This transition must occur over a continuous 12-month period prior to production of milk or milk products that are to be sold, labeled, or represented as organic.
4. A producer must not transition any new bovine dairy animals into organic production after the end of the 12-month transition period.
5. A producer is not eligible for the exemption if it has been used by a Responsibly Connected person who has a 20% or more ownership share in their legal entity.
6. The certifying entity will file an organic system plan prior to the start of transition and the transition process is overseen by the certifier as part of their accountability.
7. Transitioned animals must not be sold, labeled, or represented as organic slaughter stock or organic bovine dairy animals.
8. If organic management of the dairy animal, starting at the last third of gestation or at any other time it has been organic, is interrupted, the animal cannot be returned to organic
   certification.
9. Split bovine conventional and organic milking herds at the same location are prohibited.
10. Once the regulation is finalized all entities should be required to immediately meet the requirements of the Final Rule. There will be no implementation period.

The intent of the Organic Farmers Association position is to ensure that the transition exemption that allows for a conventional herd to be transitioned to organic production follows the intent of the original regulation and the subsequent recommendations of the National Organic Standards Board.

• Organic Farmers Association’s position will stop continuous transition of conventional dairy livestock and stop the exemption from being used to combine multiple transitioned herds to
  form one operation. It will also stop first calf heifers and young cows being transitioned from conventional production and then being sold to an existing organic dairy, which is not in line
  with the rule and undermines certified organic dairies by providing a cheaper, quicker alternative to raising organic replacements under organic management.
• Organic Farmers Association’s position will ensure that the whole transition happens over a twelve-month period and under the supervision of a certifier as part of the producer’s Organic System Plan. It will stop the practice of adding conventional animals and extending the transition period.
• Organic Farmers Association’s position will stop the sale of transitioned animals (not raised in organic production from the last third of gestation) being sold as organic dairy animals that can be used to produce organic milk. It will not stop transitioned animals retaining their organic status if they are moved to a different location but under the same ownership. This does not affect the asset value of the animal as its initial value was as a conventional animal and any cost of transitioning the animal was reflected by the higher pay price. For family members who were part of the ownership of the transitioned entity who want to start their own operation, they will need to purchase organically certified animals under organic production from the last third of gestation as either young stock or milking animals. They would not be eligible to transition conventional animals. While this may seem unfair to new entrants or  complicate succession planning, strict clarity within this rule is required to end abuse that undermines the integrity of organic certification for all operations.
• Organic Farmers Association’s position will stop the practice of having an organic and conventional dairy operation at the same location. While the practice of a split operation may
  be practical with other commodities, it is very difficult to audit and ensure that organic dairy product (raw milk) is not mixed with non-organic product. This will prevent any abuse or the
  perception of abuse.
• Organic Farmers Association’s position supports economic equity for all organic dairy operations and ensures continued consumer confidence in the third-party certification process.
• Organic Farmers Association’s position will increase the value of organically certified livestock (managed organically from the last third of gestation) which currently have no premium as most are sold on the conventional market. This will reflect the equity and sweat equity that organic producers have invested in their organic genetics and long-term commitment to organic
  integrity.

The implementation of these changes is needed to uphold consumers’ expectations about organic dairy by specifying that organic dairy animals must be raised organically from the last third of gestation or be raised organically for one year if transitioning a conventional herd to organic, which should be allowed only once. Once a distinct herd is transitioned to organic, all animals must be raised organically from last third of gestation. It must be prohibited to cycle dairy animals in and out of organic production.

Finalizing this rulemaking is critical to bring consistent enforcement which would create a level playing field among all organic dairy producers and uphold strong organic integrity for all organic farmers. Our members, efficient domestic organic dairy producers, believe they can compete with the most efficient organic dairy producers if they are treated equitably. Loopholes in the current rule put our members at a competitive disadvantage and allowed for an inequitable interpretation and enforcement of the rule by certifiers. The current transition system places the majority of organic dairy farmers, and particularly family-owned and operated dairy operations, at a significant competitive disadvantage. While we agree that market competition drives innovation, the current organic dairy farmers have not had fair competition due to lack of clarity in the rule and inequitable enforcement by the National Organic
Program.

The strong public-private partnership between USDA and the organic industry has created a foundation that has allowed the industry to surpass a $50 billion market. More importantly, maintaining and improving the integrity of the organic seal is a top priority for our members. The organic market provides economic opportunities for U.S. farmers and businesses and produces one of the most highly trusted labels by consumers.

As you are aware, 99% of the original comments to the FY15 Origin of Livestock Rule supported making these same changes. We urge you to ensure the final rule reflects the much-needed clarity requested by the organic dairy producer community and upholds a strong sense of organic integrity.

Sincerely,

David Colson
President

by Kate Mendenhall

Action Alert: Tell USDA to Finalize Origin of Livestock Rule

Tell USDA to Finalize the 2015 Origin of Livestock Rule to

Close Organic Dairy Loopholes and Maintain High Organic Integrity

Organic Farmers Association is asking all certified organic farmers to stand with U.S. certified organic dairy farmers and submit comments to the USDA in support of a strong final Origin of Livestock Rule (OOL). Not only is this important to dairy farmers—it is important to all organic farmers that rely on a strong organic label that maintains consumer trust.

Family organic dairy farmers across the country have suffered greatly over the past few years, partially because the USDA has failed to close regulatory loopholes that have allowed mega-dairies to skirt the rules (by continually transitioning conventional dairy animals) and have flooded the milk market causing lower prices to farmers. Consumers have caught wind of these mega dairies and have questioned the integrity of the organic label. We cannot let that happen! We must fight for strong standards.

USDA opened the rule for comment on October 1. All comments are due to USDA by December 2.

Please tell USDA that you support the proposed OOL rule.

Individual comments to the USDA are best. If you submit a form comment, they will count all carbon copies as one comment. Please take 5 minutes to support organic dairies with a comment using the below template.

OOL Comment Template

INTRO: A short introductory paragraph about you and your farm. What do you grow, how long have you been certified, why organic integrity (strong standards) are important to you.

SUPPORT FOR THE RULE: A statement that clearly puts forward your support for the OOL final rule. You can use the below talking points:

• I strongly support the proposed rule on Origin of Livestock Rule and its immediate implementation.
• The OOL rule is needed to uphold consumers’ expectations about organic dairy by specifying that organic dairy animals must be raised organically from the last third of gestation or be raised organically for one year if transitioning a conventional herd to organic, which is allowed only once.
• Once a distinct herd is transitioned to organic, all animals must be raised organically from last third of gestation
• Cycling of dairy animals in and out of organic production is prohibited.
• USDA should honor farmer-comments and strengthen, not weaken, the proposed rule.
• The delay in issuing a final rule has resulted in economic harm for organic dairy farmers from low pay prices caused by an oversupply of organic enabled and encouraged by loopholes in the rule.
• Rulemaking is critical to bring consistent enforcement, maintain a level playing field to all organic dairy producers, and uphold strong organic integrity for all organic farmers.

CLOSING: A closing statement that reaffirms your support for the 2015 proposed Origin of Livestock Rule and asks for immediate or swift implementation.

Thank you!

Background Information

The organic community has been working with USDA to improve the standards and transparency for transitioning dairy animals to organic milk production since 2013. In 2015, USDA released a proposed rule seeking comments from the dairy industry on improving those standards. 1570 comments were received by USDA at that time, and almost all (99%) supported the regulation that would limit herd transition to a one-time event.

The Organic Farmers Association has advocated for strong Origin of Livestock standards in our discussions with Congress and has asked USDA for consistency in applying OOL standards. This summer, we worked with Congress to include language in the FY20 Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations bill telling USDA to implement the FY15 Origins of Livestock final rule in 180 days. In the Spring of 2019, Organic Farmers Association Farmer-Members passed this policy:

OFA SUPPORTS an immediate implementation of the Final Origin of Livestock Rule and asks the USDA to prioritize the following prior submitted comments in the writing of the Final Rule:

1. A producer as defined by USDA NOP may transition bovine dairy animals into organic production only once.
2. A producer is eligible for this transition only if they convert an entire established non-organic dairy operation to organic production at the same geographic location within a defined 12-month period. Once that transition has started, other non-organically certified animals cannot be added to the herd.
3. This transition must occur over a continuous 12-month period prior to production of milk or milk products that are to be sold, labeled, or represented as organic.
4. A producer must not transition any new bovine dairy animals into organic production after the end of the 12-month transition period.
5. A producer is not eligible for the exemption if it has been used by a Responsibly Connected person who has a 20% or more ownership share in their legal entity.
6. The certifying entity will file an organic system plan prior to the start of transition and the transition process is overseen by the certifier as part of their accountability.
7. Transitioned animals must not be sold, labeled, or represented as organic slaughter stock or organic bovine dairy animals.
8. If organic management of the dairy animal, starting at the last third of gestation or at any other time it has been organic, is interrupted, the animal cannot be returned to organic certification.
9. Split bovine conventional and organic milking herds at the same location are prohibited.
10. Once the regulation is finalized all entities will be required to immediately meet the requirements of the Final Rule. There will be no implementation period.

Additional Resources

• National Organic Program Q&A on the Proposed Rule
• Northeast Organic Dairy Producers Alliance Resource Page - Origin of Livestock
• Organic Trade Association Origin of Livestock Fact Sheet
• Full text of Proposed Rule published on Federal Register
• Notice from USDA to reopen the comment period

by Kate Mendenhall

USDA Re-Opens FY15 Origin of Organic Livestock (OOL) comment period

An update on Origin of Livestock Rule by Mark Rokala, Policy Director.

On October 1, USDA re-opened the comment period on the FY15 Origins of Organic Livestock (OOL) Rule for 60 days—closing on December 2, 2019.

Both the House and the Senate, at Organic Farmers Association’s request, included legal language in their respective FY20 Agriculture Appropriations bills telling USDA to implement the FY15 OOL Rule in 180 days.

Because of that action by Congress, USDA’s Legal Counsel determined that the federal agency might be vulnerable to a lawsuit by a new entrant, since 2015, in the organic dairy industry. The Administrative Procedures Act requires those impacted by a policy change the opportunity to comment on its impact on their business.

In its official notification, USDA said that it would be adding new comments to the comments submitted in 2015.

The USDA will be including all prior 2015 comments in its review, as well as any new comments that come in before December 2, 2019.  Organic Farmers Association was not an organization in 2015, and thus we will submit comments to the rule.  We encourage all certified organic farmers to submit comments in favor of a strong Origin of Organic Livestock rule that clarifies that the animal transition for an organic dairy farm is a one-time whole-herd transition in support of organic dairy farmers nationwide.  This is an important organic integrity issue where we must stand in solidarity.  Organic Farmers Association sent out an action alert to aid in your comment submission. View Action Alert here.

by Kate Mendenhall

Consumers and Farmers Are in This Together

Organic consumers drive the market, and organic farmers  are committed to growing food that upholds the values important to you.  We’re in this together to defend organic integrity. 

The organic market could not have been so successful without support from both consumers and organic farmers---we depend on each other and must stand united to defend organic integrity.  

Organic Farmers Association is committed to organic production rooted in organic integrity—ensuring that the USDA organic label upholds the gold standards consumers expect.  However, over the past few years the organic market has grown at such speeds that the USDA has let some issues slide. Consumers and farmers must work together to demand for policy changes to defend the quality of organic food and values based in organic farming.   Through Organic Farmers Association’s work in Washington, DC organic farmers and consumers are working collaboratively to:  

Protect our market from fraudulent organic imports. 

Too many times, shipments of fraudulent organic grains have slipped by Customs and Border Protection and infiltrated the U.S. grain market with cheap fraudulent grains---hurting both U.S. organic farmers and consumers. The USDA National Organic Program must better enforce this issue, and we need the voices of consumers like you to join us in advocating for change.

Ensure organic farming is rooted in the soil.  

Healthy soil is essential to healthy organic food, healthy ecosystems, and protecting our natural resources.  A food system grown outside of soil cannot be certified organic, yet the USDA National Organic Program has allowed this.  Organic farmers and consumers feel this is not right and we need to continue to demand that organic be returned to the soil.   

Demand that the high organic standards for dairy are enforced and upheld.    

The USDA NOP has allowed some large CAFO dairies to skirt the pasture requirements and organic transition requirements to enable larger dairy facilities.  Consumers and farmers must continue to fight this together demanding that organic principles be upheld equitably and uniformly and that the bad actors be eliminated from the organic label.  

While all of these issues threaten the integrity of the USDA organic label, together we can rectify them by putting pressure on the USDA to enforce the organic standards, strive for continual improvement, and demonstrate equity and transparency in the way they administer the National Organic Program.  Organic farmers and consumers must together fight for policies that ensure better standards and enforcement.

You can help support more organic farmers lift their voices to legislators and USDA staff to pressure changes that will improve the integrity of the USDA organic label.  Join OFA as a supporter member to receive action alerts and support organic farmers working to defend your healthy food. This Organic Month, all supporter members can join for $57 and receive a free OFA water bottle.

by Kate Mendenhall

Letter to CalCannabis Comparable Organic Working Group opposing the certification of hydroponically produced Cannabis

On behalf of the Organic Farmers Association we submitted this letter to CalCannabis Comparable Organic Working Group because we are concerned of  the consideration of hydroponically produced Cannabis.

The Organic Farmers Association has been following the state’s work preparing organic standards for the certification of marijuana intended for adult use with standards similar to those of the National Organic Program. If the state decides to create an “organic” brand for marijuana, we encourage you to align your Program with the National Organic Program. And, require an inclusion of soil- based production that focuses on soil health.

The Organic Farmers Association is a national organization representing certified organic farmers nationwide; our policy is developed by certified organic producers. Our mission is to promote policies that encourage more organic production and producers.
California serves in a leadership regional role within the Organic Farmers Association structure and California organic farmer voters have an important voice in our national work. California organic farmers have weighted in and voted together with organic farmers from the rest of the nation to keep organic production in the soil.

Our members believe that soil is essential to the principles and foundation of organic agriculture and worked to write that requirement into the Organic Food Production Act. That law requires a producer’s Organic Plan to increase soil fertility by managing its organic content. Our members also understand that by increasing organic matter (carbon) organic farmers enhance the soil's ability to absorb water, reducing the impacts of drought and flooding. Improving soil organic matter also helps it to absorb and store carbon and other nutrients need to grow healthy crops, which, in turn, are better able to resist insects and diseases.
In 2010, the National Organic Standards Board recognized the importance of the organic matter by including in its formal recommendation to USDA,” The reason this is the central theme and foundation of organic farming is not inherent to the organic matter itself, but is based on the importance to the living organisms that inhabit soils, particularly for its positive influence on proliferation of diverse populations of organisms that interact in a beneficial way with plant roots. These microscopic organisms, found in abundance in well maintained soils, interact in a symbiotic manner with plant roots, producing the effect of strengthening the plant to be able to better resist or avoid insect, disease and nematode attack, as well as assisting the plant in water and mineral uptake.”

We encourage the California state agency to create an “organic” brand for marijuana that aligns with the National Organic Program, and that requires inclusion of healthy soil in its production standards.

Sincerely,

David Colson

President, Organic Farmers Association

by Kate Mendenhall