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USDA/AMS RIN: 0581-AD44 Publication ID: Fall 2016 
Title: NOP; Organic Livestock and Poultry Practices; 
Abstract:

This action would establish standards that support additional practice standards for organic livestock and poultry production. This action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), health care practices (for example physical alterations, administering medical treatment, euthanasia), and animal handling and transport to and during slaughter.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 205   
Legal Authority: 7 U.S.C. 6501 to 6522   
Legal Deadline:  None

Statement of Need:

This action would establish standards that support additional practice standards for organic livestock and poultry production. This action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), health care practices (for example physical alterations, administering medical treatment, euthanasia), and animal handling and transport to and during slaughter.

Summary of the Legal Basis:

This action is necessary to augment the USDA organic livestock and poultry production regulations with robust and clear provisions to fulfill an objective of the Organic Foods Production Act of 1990 (OFPA): to assure consumers that organically-produced products meet a consistent and uniform standard (7 U.S.C. 6501). OFPA mandates that detailed livestock and poultry regulations be developed through notice and comment rulemaking and intends for National Organic Standards Board (NOSB) involvement in that process (7 U.S.C. 6508(g)).

Alternatives:

The alternative is that consumers will not have the assurance that organically-produced products meet a consistent and uniform standard as there will be continued inconsistency among organic livestock producers. Nor will certifying agents be able to make consistent certification decisions and facilitate fairness and transparency for the organic producers and consumers that participate in the market.

Anticipated Costs and Benefits:

AMS expects this rule to maintain consumer confidence in the high standards represented by the USDA organic seal. This action would promote consistency among certifying agents to uniformly verify and enforce clear requirements for organic livestock.  AMS estimates that annualized benefits for increased or sustained demand for organic products is $14.5 to $34 million per year. The cost of implementing the rule would fall primarily on organic poultry operations that may need to purchase and transition additional land to organic production and modify existing poultry structures to come into compliance with this rule. AMS estimates that the annualized cost to the organic industry for this rule is $13 to 15.6 million per year.

Risks:

AMS expects that a few provisions among the numerous proposed will be contentious.

Timetable:
Action Date FR Cite
NPRM  04/13/2016  81 FR 21955   
NPRM Comment Period End  06/13/2016 
Final Action  12/00/2016 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Miles V. McEvoy
Deputy Administrator, USDA National Organic Program
Department of Agriculture
Agricultural Marketing Service
1400 Independence Avenue SW.,
Washington, DC 20250
Phone:202 720-3252