SOS: Another Attack on Organic Standards: USDA Sides with Factory Dairy Farms & May Pack NOSB with Industrial Ag Advocates

From: The Cornucopia Institute

kastel@cornucopia.org

608-625-2042 Voice

866-861-2214 Fax October 14, 2005

Action Alert

USDA’s organic program sides with factory dairy farms

Ask Secretary Johanns to intervene

Way back in the year 2000, concerned consumers and farmers asked the National Organic Standards Board (NOSB) to address a new and troubling trend—factory farms producing “organic” milk in confinement conditions.

The board responded in 2001 by adopting a guidance document that would have helped farmers and certifiers understand what is expected of them and closed loopholes being exploited by industrial-scale farms. The USDA sat on this document, never posting it on their web site or enforcing its provisions.

This spring The Cornucopia Institute filed legal complaints with the USDA alleging that a growing number of factory farms were ignoring the organic law that requires ruminants (dairy cows) to have “access to pasture.” Finally, after years of delay, the USDA asked the NOSB to revisit their recommendations. The board responded by passing a rule change and new guidance document.

Again! The USDA has thrown a monkey wrench into enforcing organic integrity. They rejected the language adopted unanimously by the NOSB, a respected and diverse expert advisory panel (saying it was “ambiguous”), and now have refused to allow the board to vote on new language at their next meeting this November. Years of delays continue as the factory farms expand.

Farmers and Consumers Have Lost Their Patience No More USDA Foot Dragging!

No more delays can be tolerated! The USDA allotted two hours for more public comments at November’s meeting but has forbidden the NOSB from taking a vote and adopting final rule change language. The bureaucrats and the corporate farm operators know very well that this will be the last meeting for NOSB Chairman Jim Riddle and a number of other experienced board leaders, whose terms are ending. These folks have been the champions of cracking down on factory-farm abuses in the dairy industry. Public comments can be submitted prior to the meeting, reserving the two-hour time slot for board action on this issue.

Please send a message to USDA Secretary Mike Johanns appealing for the Secretary to step in and demand that the will of the people, as evidenced by thousands of comments, letters, and petitions in support of pasture enforcement, not be subordinated to corporate interests.

Letters and e-mails can be directed to: USDA Secretary Mike Johanns, 1400 Independence Ave SW, Whitten Building – Suite 200A, Washington, DC 20250, agsec@usda.gov.

P.S.: The organic community is about to lose five of the most knowledgeable and well-spoken leaders on the NOSB who have been addressing this and other critical issues. In the past, the organic community worked in concert with the USDA in order to recruit and retain the highest possible caliber members for NOSB—this is a nonpartisan body of exemplary quality. Serving on the NOSB is a tough job requiring quite a time commitment, with much more authority than the average USDA advisory panel.

Previously, the Department released the names of candidates for the NOSB. This resulted in highly qualified candidates being appointed. Last year, a large pool of candidates was nominated for open board positions, but unfortunately the entire process was done behind closed doors, breaking the precedent of transparency in the process.

Engaged members of the organic community want to be involved and want to help the USDA Secretary make the best possible choices. We also call on Secretary Johanns to intervene and have the names of all current candidates released publicly so that organic farmers, processors, marketers, and consumers can participate in the appointment process. We don’t want this excellent board politicized!

Please see sample letter appear below or at www.cornucopia.org <http://www.cornucopia.org/

Secretary Mike Johanns United States Department of Agriculture Whitten Building – Suite 200A 1400 Independence Ave SW Washington, DC 20250

Dear Secretary Johanns,

For over five years, thousands of farmers and consumers, through public testimony, formal written comments, letters, e-mails, and petitions, have communicated with the National Organic Standards Board (NOSB) and the National Organic Program (NOP), articulating grave concern over the growing trend of organic milk production from massive factory farms (3000–5000 milk cows plus young stock).

At issue are a handful of large farms in the arid West that are producing milk on Concentrated Animal Feeding Operations (CAFOs), allowing their animals only token access to pasture.

Even though the organic regulations (§ 205.239) require producers to “maintain livestock living conditions which accommodate the health and natural behavior of animals, including…access to pasture for ruminants” these corporate farm operators are gaming the system and putting family-scale farmers at a serious competitive disadvantage.

NOP staff have come under criticism for rejecting a draft rule change that was promulgated by the NOSB and unanimously adopted by that expert body. Crafted only after careful consideration and significant public input, the rule change would have tightened regulatory language requiring cows to actually “graze”—rather than strictly just have access to pasture—and to very specifically require lactating cows to be pastured, not just young stock and dry cows, as has been the alleged practice on some industrial-scale farms.

Instead of collaborating with NOSB members to promulgate language that would allay the staff’s concerns, while continuing to respect the spirit of the original language, the NOP has scheduled one more in a series of public comment sessions to garner additional input. After five years of earnest participation in the rule making process, organic dairy producers and consumers are unwilling to go to the expense of making one more trek to Washington. All stakeholders have had ample opportunity to participate to date.

If additional public comments focusing on specific staff questions are justified, the Department could certainly accept written input prior to the meeting and still allow for the NOSB to act at their forthcoming meeting. Chairman Jim Riddle has publicly stated, “If scheduled, we will be prepared to take final action on the rule change.”

We appeal to you, Mr. Secretary, to personally intervene and assure that pasture is back on the November NOSB meeting agenda so that final regulatory language can be adopted. We need you to partner with the organic community to protect the integrity of organic farming and food.

Respectfully yours,

SIGNATURE:

NAME (please print):
ADDRESS:

E-MAIL ADDRESS:
FARMER/CONSUMER/OTHER (please specify):

PS: The organic community is about to lose five of the most knowledgeable and well-spoken leaders on the NOSB who have been addressing this and other critical issues. In the past, the organic community worked in concert with the USDA in order to recruit and retain the highest possible caliber members for NOSB—this is a nonpartisan body of exemplary quality. The Department previously released the names of candidates for the NOSB. This resulted in highly qualified candidates being appointed.

Engaged members of the organic community want to be involved and want to help you, Mr. Secretary, make the best possible choices. I respectfully ask that you please intervene and have the names of all current candidates released publicly so that organic farmers, processors, marketers, and consumers can participate in the appointment process.

Mark A. Kastel

The Cornucopia Institute
kastel@cornucopia.org
608-625-2042 Voice

866-861-2214 Fax