Resolving a longstanding dispute, the USDA published a proposed pasture regulation that sets new grazing requirements for organic livestock and bans confined feedlots from the industry.
Dairy farmers had been pushing for this rule for at least three years, though variations had been proposed since at least 2000. According to the USDA's document on the regulation, published in the Federal Register, more than 85,000 people sent in letters in support of a stricter pasture requirement (pdf).
Advocates say the USDA actually got the new pasture regulation right. In a press release from the National Organic Coalition, Kathie Arnold, a New York State organic dairy farmer, said: “This draft rule provides specific language needed for enforcement of one of the central tenets of organically produced livestock—that organic livestock spend a considerable part of their lives in their natural pasture habitat and receive a significant portion of their food from fresh, green, growing pasture.”
Previously, the USDA required organic livestock to have "access to pasture," a term that was so loosely interpreted that several prominent organic CAFOs (concentrated animal feeding operations) arose in the industry, housing thousands of cows with little or no grazing on pasture. The pasture loophole undermined the purpose and intent of organic livestock agriculture.
Now, "Dry lots and feedlots are prohibited," the proposed regulation says.
Animals must graze throughout the growing season, which in some regions may be for the entire year. The bare minimum nationally would be 120 days. In the document, the USDA explains:
In the United States, growing seasons range from 121 days to 365 days, depending on location. By using the growing season as the minimum time period for grazing, the regulations ensure that ruminants raised in areas with longer grazing periods are not denied the opportunity to graze for more than the minimum of 120 days.
In addition 30% of a cow's nutritional needs must be met by pasture, which means they must be eating fresh grass.
If this rule is adopted, as expected, after the 60 day comment period, it will undo the disturbing rise of organic CAFOs and require that organic livestock graze on pasture, as consumers and farmers overwhelmingly expect.
In short, the regulation looks like a big win for organic integrity.
- Samuel Fromartz

It's about time!
Posted by: Yo Naturals Healthy Vending | October 24, 2008 at 04:44 PM
This is good news. There were some dairy players that used their long term reputation in the organic community as an attempt to shield themselves from the fact that they were abusing of the system.
I will caution that there will be exemptions to the 120 day pasture rules. Two years ago the NE had a very wet spring and summer. The dairy cows from the small mom and pop operations were kept in the barn most of the time to prevent the pastures from being destroyed or the animals from hurting themselves on water soaked soils.
Posted by: Organic George | October 28, 2008 at 11:29 AM
There's gotta be a loophole. The USDA is not known for siding against massive cash cows (har har) that crank out the popular product.
How could the USDA just decide to put Aurora, certain Horizon farms, and other organic feedlots out of business? How could they crimp the supply line to Wal Mart's and Target's private labels?
Do they define what a feedlot is in these regs?
Maybe I'm just paranoid, but I smell a rat.
Posted by: Barth Anderson | October 29, 2008 at 01:43 PM
Barth, the reason farmers pushed so hard for this reg was to close the loophole. Now it's up to certifiers and the USDA to enforce it.
I would note that Horizon Organic lobbied for this regulation. Aurora too saw the writing on the wall and have made changes in their farms. Now people will debate how significant those changes are - Cornucopia thinks both are still flouting organic rules - but again with a brighter line regulation it's easier to see who's crossing it. I would also emphasize this point: 99% of organic dairy farmers were doing the right thing and following the rules, according to certifiers I talk to. It's just that the largest and most capital-intensive farms were not, which prompted this action.
Posted by: Sam Fromartz | October 30, 2008 at 09:59 AM
Well, the most capital-intensive organic food manufacturers got around similar, "anti-growth" regulations by simply lobbying to have the organic rules themselves changed back in 2006.
But since my comment, I've had a chance to look at the actual regulations. It certainly looks air tight, especially the definition of feedlots, the determination that feedlots can't meet the pasture requirement, and the access to pasture section. Looks like a real win.
But I'm still surprised. Despite any changes to their ops, can Aurora be viewed as anything but a dry, no vegetation, contained animal feeding lot? And they're not the only feedlots producing organic milk under the old regs. The USDA doesn't usually inhibit industry like this.
I dig this rule but remain intrigued how it's all going to play out.
(At first glance, it looks a particularly big win for Organic Valley.)
Posted by: Barth Anderson | October 30, 2008 at 02:03 PM
I'm a fan of closing loopholes on any farm that raises or profits from animals.
At least 120 days of grazing. 4 months of showing the cow a bit of respect. How generous!
Posted by: Daniela | November 03, 2008 at 12:28 PM