The Cornucopia Institute Alleges Factory Farms Violating Federal Organic Law

The Cornucopia Institute, today, filed a formal complaint with the USDAs National Organic Program asking them to initiate an investigation into alleged violations of the federal organic law by a factory farm operating in Colorado. At issue is whether it is legal to confine cows in an industrial setting, without access to pasture, and still label milk and dairy products organic. Similar factory farm operations in Idaho and California are also under investigation by The Cornucopia Institute and will likely be targeted with formal complaints to the USDA in the near future.

Cornucopia, WI January 11, 2005 -- The Cornucopia Institute, today, filed a formal complaint with the USDAs National Organic Program asking them to initiate an investigation into alleged violations of the federal organic law by a factory farm operating in Colorado. At issue is whether it is legal to confine cows in an industrial setting, without access to pasture, and still label milk and dairy products organic. Similar factory farm operations in Idaho and California are also under investigation by The Cornucopia Institute and will likely be targeted with formal complaints to the USDA in the near future.

"We have been interested in these confined animal feeding operations, or CAFOs, for some time," said Mark Kastel, Senior Farm Policy Analyst, at the Wisconsin-based Cornucopia Institute, a progressive farm policy research group. As demand for organic milk has skyrocketed, investors have built large industrial farms mimicking what has become the standard paradigm in the conventional dairy industry. "It is our contention that you cannot milk 30006000 cows and offer them true access to pasture as required by the Organic Foods Production Act of 1990, the law that governs all domestic organic farming and food processing," said Kastel.

This week the Chicago Tribune published an investigative report that compared the 5600-cow Aurora Dairy in Colorado to a more traditional 70-cow organic farm in central Wisconsin. One of the owners of the large Colorado farm, in Platteville, Colorado, Mark Retzloff, has justified an exemption from the requirement for pasture based on not enough rain in the area to support it. Federal law does give the farmer the ability to remove cows from pasture for "temporary" reasons based on weather, environmental, or health considerations. However, in their complaint, The Cornucopia Institute countered that the claim that pasture is impractical, or not cost-effective, in arid Colorado is no excuse under the law.

"There are many places in the United States that are not ecologically compatible with livestock agriculture. If the Aurora dairy cannot incorporate a meaningful amount of pasture into their operation, because they are located in an extremely dry, arid region, that is no excuse for them to scoff at the organic regulations," Cornucopia's Kastel said.

"This just puts rank-and-file organic dairy producers, who are operating with integrity, at a competitive disadvantage," said Tony Azevedo, a Mercied County, California, dairy farmer. Azevedo, who ships his milk to the Organic Valley marketing cooperative, was the first certified organic dairy producer in the San Joaquin Valley. "Pasture is the cornerstone of organic dairy farming. It is a great way to protect the soil, create wildlife habitat, and makes an ideal filter systemprotecting our waterways, added Azevedo. There is also evidence that pastured cows are healthier than cows that are routinely confined.

In addition, what cows eat affects the nutrients in their milk. The Danish Institute of Agricultural Research recently reported that organic milkdefined as produced by pastured cowsis 50% higher in vitamin E, 75% higher in omega-3 fatty acids, and 200%300% higher in antioxidants than conventional milk. "The quality of our milk, and our production practices, is the very essence of why consumers are willing to pay a premium for our product," the California dairyman affirmed.

The Cornucopia Institute said in their communiquhat they expect the U.S. Department of Agriculture, state agencies, and the independent certifiers responsible for oversight and enforcement to take this formal complaint very seriously and to respond in a timely manner.

"The consumers in this country, who go out of their way to purchase organic milk believe they are supporting an environmentally sound system of agriculture, humane animal husbandry practices, and family-scale farmers. The USDA needs to deal decisively with corporations who pay lip service to the ethics of organic agriculture at the expense of family farmers and the consumers who so loyally support them," stated Kastel.

About The Cornucopia Institute:
The Cornucopia Institute is dedicated to the fight for economic justice for the family-scale farming community. Through research, advocacy, and economic development our goal is to empower farmers both politically and through marketplace initiatives. The Organic Integrity Project acts as a corporate watchdog assuring that no compromises to the credibility of organic farming methods and the food it produces are made in the pursuit of profit. We will actively resist regulatory rollbacks and the weakening of organic standards to protect and maintain consumer confidence in the organic food label.

Text of Formal USDA Complaint on Aurora Organic Dairy Farm:

1/10/05

TO: Eileen Broomell, Office of Compliance, National Organic Program

RE: Complaint concerning violation of the NOP pasture rule by the Aurora Organic Dairy Farm in Colorado

Dear Ms. Broomell,

The Cornucopia Institute is filing this complaint with your office concerning the apparent violation of the pasture rules for ruminants by the Aurora Organic Dairy Farm located near Platteville, Colorado. We are asking that you investigate this complaint and undertake all warranted enforcement actions to bring this dairy into compliance with NOP pasture rules in a timely fashion.

Specifically, we believe that the Aurora Organic Dairy Farm is violating the spirit and intent of portions of the following Subpart C provisions of the NOP regulations:

205.237 Livestock feed.

(a) The producer of an organic livestock operation must provide livestock with a total feed ration composed of agricultural products, including pasture and forage, that are organically produced and, if applicable, organically handled (emphasis added)

205.238 Livestock health care practice standard

(3) Establishment of appropriate housing, pasture conditions, and sanitation practices to minimize the occurrence and spread of diseases and parasites; (emphasis added),
(4) Provision of conditions which allow for exercise, freedom of movement, and reduction of stress appropriate to the species;

205.239 Livestock living conditions.

(a) The producer of an organic livestock operation must establish and maintain livestock living conditions which accommodate the health and natural behavior of animals, including (emphasis added):

(1) Access to the outdoors, shade, shelter, exercise areas, fresh air, and direct sunlight suitable to the species, its stage of production, the climate, and the environment;
(2) Access to pasture for ruminants;

The Cornucopia Institute contends that the Aurora Organic Dairy Farms allotment of a reported 135- to 250-acre dry exercise lot with no appreciative feed value for 5600 cows does not provide sufficient acreage for fulfilling the pasture feed component and the requirement for access to the outdoors for sunlight, exercise, the promotion of animal health and the reduction of stress. Additional support for this complaint is provided in the Chicago Tribunes January 10, 2005, story, Organic Milk Debate: Dairies Dispute `Organic' Value.

We understand that certified organic dairy operations can remove cows from pasture for "temporary" considerations based on weather, environmental, or health considerations as noted in the following portion of Subpart C:

205.239 Livestock living conditions

(b) The producer of an organic livestock operation may provide temporary confinement for an animal because of:

(1) Inclement weather;
(2) The animal's stage of production;
(3) Conditions under which the health, safety, or well being of the animal could be jeopardized; or
(4) Risk to soil or water quality.

The Cornucopia Institute contends, however, that climatic conditionssuch as an arid climate, which makes pasture impractical or not cost-effectivecannot be used to justify year-round noncompliance with the pasture rule.

Furthermore, principals of the large dairies have alluded to the fact that they are taking advantage of the "stage of production" provisionas noted abovein the rules by pasturing dry cows and young stock but not lactating cows. It is our view that this is a gross distortion of the regulations, which never intended to eliminate pasture as a key feed component during the vast majority of a cows productive life.

The Aurora Organic Dairy Farm has been certified by the Colorado Department of Agricultures Division of Plant Industry (phone: 303-239-4149).

The Aurora Organic Dairy Farms contact information from their most recent certification form is:

Dr. Juan Velez
7388 State Highway 66
Platteville, CO 80651
970-535-4626
970-535-4589 Fax
e-mail protected from spam bots
Certification Issued: 12/05/03

The Cornucopia Institute also believes that similar violations of the Subpart C pasture provisions are occurring on certified dairy operations in Idaho and California. We are investigating and collecting additional information on these farms and intend to file formal complaints regarding their violations with your office in the near future.

Please keep The Cornucopia Institute apprised of the status of and progress of your investigation of this formal complaint. We take this matter very seriously. Farmers who have made the difficult conversion to organics and consumers who are paying premium prices for organic foods rely upon the USDA and its approved certifying agents to uniformly and fairly enforce the nations organic law.

Lastly, pursuant to Subpart C and the following provision:

205.680 General.

(a) Persons subject to the Act who believe they are adversely affected by a noncompliance decision of the National Organic Program's Program Manager may appeal such decision to the Administrator.

It should be noted that nothing in this formal complaint shall be interpreted as a waiver of our right to appeal under the Adverse Action Appeals Process cited above.

You may contact us at your convenience.

Sincerely,

Will Fantle
Director of Research
715-839-7731

The Cornucopia Institute
PO Box 126
Cornucopia, WI 54827

Contact:
Mark Kastel - 608-625-2042
Tony Azevedo

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