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Sonny's reading of organic law
Story Date: 11/13/2017
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Source: POLITICO'S MORNING AGRICULTURE, 11/10/17
Secretary Perdue and his team think that thousands of organic farmers, business owners and industry officials are reading the Organic Foods Production Act all wrong when it comes to animal welfare. In a Federal Register notice on Thursday, Perdue and co. announced USDA's decision to once again delay implementation of the rule, moving it to May 14, 2018. In the notice the department argued that language in the 1990 law that created the federal organic program called for additional regulatory standards "for the care" of organic livestock, but said they should be "limited to health care practices similar to those specified by Congress in the statute, rather than as reflecting a stand-alone concern for animal welfare."
That interpretation of OFPA was joined with one other consideration: The department cited a "significant, material error in the mathematical calculation" of the rule's cost-benefit analysis; when corrected, the rule's costs increased. That was enough for Perdue to delay implementation for six months and to seek more comment.
"USDA is delaying the rule so that important questions, such as the likely costs and benefits, can be more fully assessed through the notice and comment process prior to USDA making a final decision on the direction of the rule," USDA spokeswoman Amanda Heitkamp told MA.
Comment, by the numbers: Perdue's interpretation of OFPA seems to be at odds with that of more than 40,000 ag groups, farmers and other interested parties who urged the department in comments to finalize the standard. Only 28 comments called for the rule to be scrapped.
Organically outraged: Needless to say, organic groups aren't taking the decision well. In a statement, Abby Youngblood, executive director of the National Organic Coalition, said she was "deeply alarmed" by the move.
"It is the USDA's job to protect the integrity of the organic seal. We urge the administration to allow the rule to go into effect and to respect the wishes of thousands of producers who voluntarily choose to participate in the organic certification program and are overwhelmingly in favor of this new regulation," she added.
Court action: The Organic Trade Association accused the department of willfully ignoring OFPA and federal rulemaking laws. The group sued USDA in September for failing to finalize the measure. The department must respond to the suit later this month.
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