USDA terminates proposed rule for a new organic marketing board
The U.S. Dept. of Agriculture (USDA) has decided to terminate a proposed rule to establish a national research and promotion program for certified organic products.
The U.S. Dept. of Agriculture (USDA) has decided to terminate a proposed rule to establish a national research and promotion program for certified organic products. The decision also terminates the proposed rule on referendum procedures.
The USDA based the termination on lack of consensus within the industry in support for the proposed program and divergent views on how to resolve issues in implementing the proposed program. Ending the rulemaking process removes communication restrictions and allows the USDA to engage with all interested parties to discuss and consider the future needs of the industry.
The proposed rule was originally published in the Federal Register on Jan. 18, 2017, with a 60-day comment period that ended March 20, 2017. However, on Feb. 27, 2017, a notice was published that extended the comment period until April 19, 2017. In response to the rule, the USDA received and reviewed more than 14,700 comments filed by producers and other stakeholders.
Some of the concerns the agency took into consideration were the impact of de minimis level exemptions and high-value commodities on the program, how organic promotion would affect other agricultural commodities, the voting methodology that would be used, the financial burden on small entities, and the challenges of tracing imported organic products. Additional concerns were the method of assessment for imports, the assessment of non-food products and products “made with (specified ingredients),” and the paperwork burden on covered entities.
In response to the termination, the Organic Trade Association (OTA) released the following statement: “The U.S. Dept. of Agriculture’s action to terminate the rulemaking process to establish a national research and promotion program for organic (Organic Check-Off) reflects a pattern of holding back forward progress on organic by USDA. The $50 billion organic sector offers opportunities for U.S. organic farmers and businesses. It makes no sense that the agency is continuing to take steps to cut it off at the knees.
We expected to see the process progress with the publication of a final proposal from USDA, followed by a vote on the proposed program by the organic sector. It is unfathomable that organic stakeholders will not be given the chance to cast their vote, and to decide for themselves if they want to implement an Organic Check-Off. USDA unilaterally making the decision on behalf of the 26,000+ certified organic growers, ranchers, processors, handlers, and business owners to not advance the process is stunning.”