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1 1 (December 5, 2023)

handle is hein.crs/govenpw0001 and id is 1 raw text is: Congre s&onaI Research Servi inforrning heLegisIative debte sincA 114 Updated December 5, 2023 USDA's Organic Livestock and Poultry Standards Regulations In November 2023, the U.S. Department of Agriculture (USDA) finalized its Organic Livestock and Poultry Standards (OLPS) rulemaking (88 Federal Register 75394). The final rule updates regulations under USDA's National Organic Program (NOP) to promote animal welfare and encourage consistent livestock production practices and adds requirements for indoor and outdoor space for avian species, animal health care practices, confinement, transportation, euthanasia, and slaughter (7 C.F.R. Part 205). USDA's final rule concluded a decade-spanning rulemaking process. Background on USDA Rulemaking USDA's rulemaking on organic livestock and poultry practices and standards was initiated in the 1990s with recommendations by NOP's advisory board about livestock health and animal welfare in organic production. This led to a series of USDA efforts regarding national standards for the production and handling of organic products, including livestock and their products. In April 2016, USDA published a proposed rule (81 Federal Register 21956), then a final rule in January 2017 (82 Federal Register 7042). USDA's 2017 final rule amended NOP regulations for USDA-certified organic livestock and poultry practices. It addressed four broad areas: living conditions, animal health care, transport, and slaughter. Some in Congress and the organic foods industry generally supported the requirements in USDA's 2017 final rule; others in Congress and the conventional U.S. poultry industry opposed the rule, particularly its animal welfare provisions. In February 2017, USDA announced it would delay the effective date of the final rule to allow the incoming leadership at USDA under the Trump Administration to review the rule and decide whether to proceed with the rulemaking begun under the Obama Administration (82 Federal Register 9967). This action was followed by another series of delays. In December 2017, USDA published a proposed rule explaining the intent of the Agricultural Marketing Service (AMS) to withdraw the final rule (82 Federal Register 59988). USDA announced it was withdrawing the 2017 final rule based on its assessment that the rule would exceed USDA's statutory authority and a revised assessment of the final rule's costs and benefits. Subsequent evaluations by the U.S. Government Accountability Office in both 2017 and 2018 found that USDA's actions as part of the rulemaking had complied with applicable procedural requirements. Many producer groups opposed USDA's withdrawal, and some organic industry advocates initiated a series of legal proceedings against USDA over its failure to put into effect regulations and standards for organic livestock and poultry operations. Organic industry advocates viewed these changes as essential to maintain the integrity and value of the organic seal/label to consumers; some sought more restrictive requirements. While some in Congress opposed the withdrawal and urged USDA to finalize the rule, others strongly opposed USDA rulemaking. In 2016, several Members of Congress sent letters to USDA criticizing its regulation. Congressional appropriators also directed USDA to conduct a thorough assessment on the costs of compliance and alternatives for existing producers (H.Rept. 114-531). Much of the disagreement over USDA rulemaking centered on the rule's animal welfare requirements, particularly its animal outdoor access requirements and restrictions involving poultry porches. USDA's National Organic Program USDA National Organic Program (NOP)-A voluntary 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. USDA-Certified Organic Production-A production system managed in accordance with the Organic Foods Production Act (OFPA; P.L. 101-624, Title XXI; 7 U.S.C. §6501 et seq.) 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 USDA 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. National Organic Standards Board (NOSB)-A I 5-member advisory board that makes recommendations to USDA on organic production issues, as authorized by OFPA. NOSB assists in the development and maintenance of organic standards; USDA retains primary responsibility for setting regulatory standards as well as for compliance, enforcement, and auditor accreditation. For more background, see CRS In Focus IF 10278, U.S. Farm Policy: USDA-Certified Organic Production. r ,s 2023 OLPS Final Rule The 2023 final rule updates USDA's organic regulations to promote more consistent animal welfare practices in organic livestock and poultry production. Covered operations include livestock that are certified organic under the USDA organic regulations, including mammalian species (e.g., cattle, swine, sheep, goats), avian or poultry species (e.g., chickens, turkeys, ducks), and other animal species used for food or in the production of

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