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| 344 |
UNIVERSITY OF TOLEDO LAW REVIEW
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Vol. 26 |
The law grants additional authority to the NOSB to
create stronger livestock standards than the drafters had specified.107
However, board recommendations for animal products (except meat) were not
consistent with the statute. The full NOSB overruled the NOSB Livestock Committee,
allowing the treatment of dairy animals with antibiotics and parasiticides up to three
months prior to organic milk production. The Livestock Committee, reading and interpreting
section 6509(e)(2), had set the period at twelve months.108 The
three-month period is clearly contrary to the law and must be changed by the NOPP in its
final rules.
Confusion reigns in the poultry house as well, but it seems clear that
all but day-old chicks and prior-to-purchase breeder stock must be 100% organically fed.109 Thus, all certified organic livestock must be 100% organically
fed at all times after entering the certified farming operation. Any synthetic,
therapeutically treated animal (or non-plant life) must be identified and diverted to the
conventional market, or the animal must await three years before again being eligible as
certified organic breeding stock or slaughter stock.110
During that three-year waiting period, such animals must be continually
organically fed. Any attempt to feed on-farm breeder stock non-organically grown feed
during the first two-thirds of gestation is strictly against the OFPA.111 The exception for purchased/replacement breeder stock was
intended only to allow relief from the organic feed requirement (prior to purchase) for
newly purchased animals.112 These replacement animals do not
qualify as organic slaughter stock, milking stock or egg-laying stock until after
three years of organic management. Any other interpretation is deceptive to the consumer
of organic animal products and inconsistent with the act.
- Bees
To be consistent with other livestock standards, bees must be provided
with a certified farm area with sufficient isolation where bee forage crops are grown so
that these organisms remain continuously organically fed. Prohibited materials must not be
used, and an incubation period of at least one generation must pass after bees are brought
107. 7 U.S.C. §
6509(d)(2) (Supp. V 1993).
108. See 7 U.S.C. § 6509(e)(2) (Supp. V
1993). Section 6509(e)(2) provides: "Adairy animal from which milk or milk products
will be sold or labeled as organically produced shall be raised and handled in accordance
with this chapter for not less than the 12-month period immediately prior to the sale of
such milk and milk products." Id.
109. See 7 U.S.C. § 6509(e)(1) (Supp. V 1993).
Section 6509(e)(1) provides: "With the exception of day old poultry, all poultry from
which meat or eggs will be sold or labeled as organically produced shall be raised and
handled in accordance with this chapter prior to and during the period in which such meat
or eggs are sold." Id.
110. 7 U.S.C. § 6509 (Supp. V 1993).
111. 7 U.S.C. § 6509(b) (Supp. V 1993).
112. See id. (providing that "breeder
stock may be purchased from any source if such stock is not in the last third of
gestation").
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