USDA’s Organic Livestock and Poultry Standards Regulations

USDA’s Organic Livestock and Poultry Standards Regulations

Updated December 5, 2023
USDA’s Organic Livestock and Poultry Standards Regulations
In November 2023, the U.S. Department of Agriculture
the organic seal/label to consumers; some sought more
(USDA) finalized its Organic Livestock and Poultry
restrictive requirements. While some in Congress opposed
Standards (OLPS) rulemaking (88 Federal Register 75394).
the withdrawal and urged USDA to finalize the rule, others
The final rule updates regulations under USDA’s National
strongly opposed USDA rulemaking. In 2016, several
Organic Program (NOP) to promote animal welfare and
Members of Congress sent letters to USDA criticizing its
encourage consistent livestock production practices and
regulation. Congressional appropriators also directed
adds requirements for indoor and outdoor space for avian
USDA to conduct a “thorough assessment on the costs of
species, animal health care practices, confinement,
compliance and alternatives” for existing producers
transportation, euthanasia, and slaughter (7 C.F.R. Part
(H.Rept. 114-531). Much of the disagreement over USDA
205). USDA’s final rule concluded a decade-spanning
rulemaking centered on the rule’s animal welfare
rulemaking process.
requirements, particularly its animal outdoor access
requirements and restrictions involving poultry porches.
Background on USDA Rulemaking
USDA’s rulemaking on organic livestock and poultry
USDA’s National Organic Program
practices and standards was initiated in the 1990s with
recommendations by NOP’s advisory board about livestock
USDA National Organic Program (NOP)—A voluntary
health and animal welfare in organic production. This led to
certification program administered by USDA for producers and
a series of USDA efforts regarding national standards for
handlers of agricultural products who use certain approved
the production and handling of organic products, including
organic methods codified in regulation under USDA’s oversight.
livestock and their products. In April 2016, USDA
USDA-Certified Organic Production—A production system
published a proposed rule (81 Federal Register 21956),
managed in accordance with the Organic Foods Production Act
then a final rule in January 2017 (82 Federal Register
(OFPA; P.L. 101-624, Title XXI; 7 U.S.C. §6501 et seq.) and
7042). USDA’s 2017 final rule amended NOP regulations
USDA regulations intended to “respond to site-specific
for USDA-certified organic livestock and poultry practices.
conditions by integrating cultural, biological, and mechanical
It addressed four broad areas: living conditions, animal
practices that foster cycling of resources, promote ecological
health care, transport, and slaughter. Some in Congress and
balance, and conserve biodiversity” (7 C.F.R. 205). Producers,
the organic foods industry generally supported the
processors, and handlers who wish to market their products as
requirements in USDA’s 2017 final rule; others in Congress
USDA Organic must fol ow production practices spelled out in
and the conventional U.S. poultry industry opposed the
regulation. USDA-approved organic standards address the
rule, particularly its animal welfare provisions.
methods, practices, and substances used in producing and
handling crops, livestock, and processed agricultural products.
In February 2017, USDA announced it would delay the
They also describe the types of approved methods farmers and
effective date of the final rule to allow the incoming
ranchers may use to grow crops and raise farm animals and the
leadership at USDA under the Trump Administration to
types of materials used in production. These standards must be
review the rule and decide whether to proceed with the
verified by a USDA-accredited certifying agent before products
rulemaking begun under the Obama Administration (82
can legally be labeled USDA Organic.
Federal Register 9967). This action was followed by
National Organic Standards Board (NOSB)—A 15-member
another series of delays. In December 2017, USDA
advisory board that makes recommendations to USDA on
published a proposed rule explaining the intent of the
organic production issues, as authorized by OFPA. NOSB assists
Agricultural Marketing Service (AMS) to withdraw the
in the development and maintenance of organic standards; USDA
final rule (82 Federal Register 59988). USDA announced it
retains primary responsibility for setting regulatory standards as
was withdrawing the 2017 final rule based on its
well as for compliance, enforcement, and auditor accreditation.
assessment that the “rule would exceed USDA’s statutory
authority” and a revised assessment of the final rule’s costs
For more background, see CRS In Focus IF10278, U.S. Farm
and benefits. Subsequent evaluations by the U.S.
Policy: USDA-Certified Organic Production.
Government Accountability Office in both 2017 and 2018
found that USDA’s actions as part of the rulemaking had
USDA’s 2023 OLPS Final Rule
complied with applicable procedural requirements.
The 2023 final rule updates USDA’s organic regulations to
Many producer groups opposed USDA’s withdrawal, and
promote more consistent animal welfare practices in
organic livestock and poultry production. Covered
some organic industry advocates initiated a series of legal
operations include “livestock that are certified organic
proceedings against USDA over its failure to put into effect
regulations and standards for organic livestock and poultry
under the USDA organic regulations,” including
“mammalian species (e.g., cattle, swine, sheep, goats),
operations. Organic industry advocates viewed these
changes as “essential” to maintain the integrity and value of
avian or poultry species (e.g., chickens, turkeys, ducks), and
other animal species used for food or in the production of
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USDA’s Organic Livestock and Poultry Standards Regulations
food, fiber, feed, or other agricultural-based consumer
annually. USDA claims these costs would be outweighed
products.” The rule establishes certain (1) health care
by estimated benefits largely based on assumptions of U.S.
practices supporting the well-being of animals; (2)
consumers’ willingness to pay higher prices for USDA-
requirements regarding indoor and outdoor space and
certified organic products that meet these amended
access to the outdoors; (3) new species-specific standards
regulations. USDA claims the rule “will not add significant
for avian species; and (4) requirements regarding transport,
costs to other organic livestock sectors” since the rule seeks
humane euthanasia, and slaughter of organic livestock.
to “codify existing industry practices and minimize
Amended NOP requirements cover definitions (7 C.F.R.
variation in certifier interpretation of organic livestock
§205.2), livestock care and production practices standards
welfare requirements.” (See USDA’s Regulatory Impact
(§205.238), mammalian and nonavian livestock living
Analysis.) Organic producers, however, could incur costs to
conditions (§205.239), avian living conditions (§205.241),
meet the rule’s reporting and recordkeeping requirements.
and transport and slaughter (§205.242). (See text box.)
Covered operations must comply with the rule’s
Overview of USDA’s 2023 OLPS Final Rule
requirements by January 2025 but have until January 2029
Livestock Care and Production Practices
to comply with outdoor spacing and exit area requirements.
•
Ensure physical alterations are performed only for
For livestock, the 2023 final rule covers pasture
identification purposes or for the safety of the animal
management, recordkeeping, outdoor access, temporary
•
Prohibit certain physical alterations (e.g., debeaking,
confinement from the outdoors and pasture, and the amount
induced molting); limit others (e.g., needle teeth clipping)
of pasture required in proportion to the total diet or ration. It
•
Identify and record treatment of sick and injured animals
reiterates that any USDA-certified organic operations that
and provide treatment and preventative healthcare
slaughter livestock “must meet the humane handling and
Mammalian and Nonavian Livestock Living Conditions
slaughter requirements the entire time they hold livestock in
•
connection with slaughter”—specifically, USDA Food

Implement living conditions requirements now split by
species type (i.e., distinct regulations for different species)
Safety and Inspection Service (FSIS) animal welfare
regulations at 9 C.F.R. Part 313. (See also FSIS Directive
•
Require shelter space for animals to lie down, stand up,
6900.2; 69 Federal Register 54625). Any nonambulatory
ful y stretch limbs, and express normal behavior patterns
livestock on organic farms must be medically treated or
•
Require bedding and resting areas sufficiently large and
humanely euthanized (9 C.F.R. 309.2(b)).
comfortable to keep animals healthy, clean, and dry
•
Require unrestricted year-round outdoor access; livestock
Avian living conditions cover “year-round access to the
may be temporarily confined in specific circumstances and
outdoors, soil, shade, shelter, exercise areas, fresh air, direct
for short periods
sunlight, clean water for drinking, materials for dust
•
Implement specific requirements for swine—swine must be
bathing, and adequate space to escape aggressive
behaviors.”
in group housing and always have access to rooting
The rule clarifies that indoor space for avian
material; flat decks and piglet cages are prohibited
species may include “enclosed porches and lean-to type
structures (e.g., screened in, roofed) as long as the birds
Avian Living Conditions
always have access to the space, including during
•
Implement specific requirements for avian living conditions
temporary confinement events” (7 C.F.R. 205.241(b)(12)).
•
Accommodate the health and natural behavior of poultry
Species-specific outdoor space requirements for birds are
•
based either on the amount of square footage per pound of

Require year-round outdoor access, and prohibit
continuous total confinement
bird or per bird in the flock (7 C.F.R. 205.241(c)(2)).
•
Require adequate outdoor space suitable to species, stage
USDA received roughly 40,000 public comments on the
of life, climate, and environment
regulation and states that 94% of comments and petitions
•
Distribute and size bird houses to ensure outdoor
received support the rule. USDA claims that the benefits of
access—provide one linear foot of exit area for every 360
the 2033 final rule will ensure more consistent livestock
birds on poultry houses’ exit doors
and poultry production and certification practices, align
•
Monitor ammonia levels weekly, and maintain below 20
USDA Organic livestock and poultry practices with
parts per mil ion (ppm), not to exceed 25ppm
consumer expectations, help maintain consumer and
Transportation and Slaughter
producer trust in the USDA Organic label, and promote fair
competition among producers. USDA’s 2017 rulemaking
•
Ensure animals are fit for transport and able to walk
docket details NOP’s long-standing emphasis on animal
•
Require seasonally appropriate mode of transport to
welfare issues, including outdoor access for organic
protect livestock from cold or heat stress
livestock and poultry, dating back to the early 2000s.
•
Describe how organic management and animal welfare wil
be maintained for transport exceeding eight hours
USDA reported 3,588 livestock and poultry farms
•
Adhere to USDA humane slaughter standards
producing $2.9 billion in organic livestock and poultry
products in 2021. USDA’s impact analysis anticipates that
Source: CRS from USDA’s Informational Webinar (November 16,
2023) and final rule (88 Federal Register 75394, November 2, 2023).
the regulation could impact 1,015 organic egg producers
and 433 organic broiler operations, increasing production

costs (including the temporary economic welfare loss) for
Renée Johnson, Specialist in Agricultural Policy
poultry operations between $47.1 million and $49.0 million
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USDA’s Organic Livestock and Poultry Standards Regulations

IF10622

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https://crsreports.congress.gov | IF10622 · VERSION 4 · UPDATED