About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 13, 2018)

handle is hein.crs/govcfuu0001 and id is 1 raw text is: 





FF.ri E.$~                                  &


                                                                                             Updated March 13, 2018

USDA's Organic Livestock and Poultry Practices Regulations


On January 19, 2017, the U.S. Department of Agriculture
(USDA) published a final rule regarding Organic Livestock
and Poultry Practices (OLPP). The Obama Administration
rule amended National Organic Program (NOP) regulations
for USDA-certified organic livestock and poultry practices.
It addressed four broad areas of organic livestock and
poultry practices: living conditions, animal health care,
transport, and slaughter. While some in Congress and in the
organic foods industry generally supported these new
requirements, others in Congress and in the poultry industry
opposed the rule, especially its animal welfare provisions.
On February 9, USDA's Agricultural Marketing Service
(AMS) announced a delay in the effective date of the final
rule, which was followed by a series of additional
extensions effectively delaying implementation of the rule.
This action provided the Trump Administration time to
review the rule and decide whether to proceed with the
rulemaking begun under the Obama Administration.
Effective May 13, 2018, USDA announced in the Federal
Register that it was withdrawing the OLPP rule based on its
assessment that the OLPP final rule would exceed
USDA's statutory authority and also its revised assessment
of the OLPP rule's costs and benefits.


NOP is a voluntary organic certification program
administered by USDA for producers and handlers of
agricultural products who use certain approved organic
methods codified in regulation under USDA's oversight.
Organic production refers to a production system that is
managed in accordance with the Organic Foods Production
Act (OFPA) and USDA regulations intended to respond to
site-specific conditions by integrating cultural, biological,
and mechanical practices that foster cycling of resources,
promote ecological balance, and conserve biodiversity (7
C.F.R. 205). Producers, processors, and handlers who wish
to market their products as organic must follow production
practices spelled out in regulation. USDA-approved organic
standards address the methods, practices, and substances
used in producing and handling crops, livestock, and
processed agricultural products. They also describe the
types of approved methods farmers and ranchers may use to
grow crops and raise farm animals and the types of
materials used in production. These standards must be
verified by a USDA-accredited certifying agent before
products can legally be labeled USDA Organic.
Under the program, the National Organic Standards Board
(NOSB) is a 15-member advisory board that makes
recommendations to USDA on a range of organic
production issues as authorized under OFPA. NOSB thus
assists in the development and maintenance of organic
standards and regulations. However, USDA retains primary
responsibility for setting regulatory standards as well as for
compliance, enforcement, and auditor accreditation.


      Summary of 2017 OLPP Final Rule Provisions
USDA's NOP regulation broadly addressed care and production
practices, transport, slaughter, and living conditions for organic
livestock and poultry. Accordingly, the 2017 OLPP final rule:
I. Clarified how producers/handlers participating in the NOP
    must treat livestock and poultry to ensure their well-being.
 2. Clarified when and how certain physical alterations may be
    performed on organic livestock and poultry to minimize
    stress. Prohibited some forms of physical alterations.
 3. Set maximum indoor and outdoor stocking densities for
    organic chickens, which would vary depending on the type of
    production and stage of life.
 4. Defined outdoor space and required that outdoor spaces for
    organic poultry include soil and vegetation.
 5. Added new requirements for transporting organic livestock
    and poultry to sale or slaughter.
 6. Clarified the application of USDA Food Safety and Inspection
    Service (FSIS) requirements regarding the handling of
    livestock and poultry slaughtered at certified organic
    livestock and poultry establishments. Also provided for the
    enforcement of USDA organic regulations based on FSIS
    inspection findings.
 7. Established indoor space requirements for chickens.
    Provided that AMS could propose space requirements for
    other avian species in the future in addition to required
    other indoor requirements (e.g., exit doors, ammonia levels,
    lighting).
Source: 72 Federal Register 7042, January 19, 2017.



Foods certified by USDA as organic account for a small but
growing share of the U.S. agricultural industry. Retail sales
of organic foods in the United States totaled nearly $40
billion in 2015 (not including non-food products), or about
5% of total food sales. There are roughly 14,000 certified or
exempt organic farms in the United States (2014 data).
(Exempt farms have less than $5,000 in gross annual sales.)
Organic livestock and poultry products account for about
3% of total organic retail food sales. At the time of the
original rulemaking, USDA reported that organic egg sales
totaled $514 million, or about 10% of all U.S. retail sales
(organic and nonorganic). Organic poultry meat sales
totaled $453 million, or less than 1% of U.S. retail broiler
meat sales. There were 1,065 organic and exempt egg
laying operations and 309 organic broiler farms. Precise
data were not available for organic beef and pork meats but
likely comprised a much smaller share of total organic and
total market sales. There were 748 certified and exempt
organic beef farms and 239 organic hog farms (2014 data).


               - , gnom goo
               , q
'S SL           IN
11LULANJILiN,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most