Source: Lisa M. Keefe, MEATINGPLACE, 1/18/18


The Humane Society of the United States has filed suit against USDA and several of its executives, including Sonny Perdue, over the agency’s decision not to try to address animal handling standards as part of its Organic Livestock Rule, according to court documents.

In November, USDA delayed for a third time the implementation of its Organic Livestock and Poultry Practices rule, saying it lacked the statutory authority to regulate how the animals were treated, rather than limiting itself to their organic feeding and healthcare. The agency also noted a material error in the rule’s calculations of its benefits.

In December, the agency dropped the rule altogether.

HSUS argues in its lawsuit that, by issuing repeated delays that indefinitely postpone the effective date of the Organic Livestock Rule, the USDA has effectively repealed the rule, and has done so without proper notice and comment, without consultation and recommendation from the National Organic Standards Board, and without a public hearing, as required by law.

The lawsuit charges USDA with “failure to comply with mandatory rulemaking procedures” and “arbitrary and capricious repeal of the Organic Livestock Rule.” It asks the court to reinstate the rule and require its enactment outside of the usual regulatory channels, to require USDA to consult with multiple stakeholders before making regulatory decisions regarding livestock in the Organic program, and to require USDA to pay for its court costs and “other declaratory and/or injunctive relief as deems necessary, just and proper.”

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