The Belleville News Democrat
By TIMBERLY ROSS, Associated Press

Promiseland Livestock filed a federal lawsuit Friday to stop the U.S. Department of Agriculture from suspending the Nebraska-based company’s organic certification.

The lawsuit accuses the USDA of abusing its power when it decided to strip Promiseland of its organic certification for five years after accusing the company of refusing to hand over records. The Bassett-based company wants that violation, along with the suspension ordered in 2009, overturned because both were “arbitrary, capricious and an abuse of discretion.”

The complaint, filed in U.S. District Court in Omaha, names the federal agency and USDA Secretary Tom Vilsack. A message left Friday for the USDA wasn’t immediately returned.

The USDA filed a formal complaint in 2008 against Promiseland, which also has operations in Missouri. The agency accused the company of several violations of organic standards, such as using non-organic feed and reselling conventional grain as organic.

A judge later ruled that the livestock company had violated USDA rules by refusing to provide records to inspectors when they visited Promiseland’s facilities in Nebraska and Missouri. The judge did not directly rule on whether Promiseland’s practices violated organic standards.

The USDA said in its complaint that government investigators repeatedly requested records from Promiseland during the first half of 2007. But Promiseland officials did not provide the records and refused to let federal investigators review records during an unannounced review, according to the federal complaint.

Promiseland said in its lawsuit that it tried to provide those records but was hindered by a winter storm, demands on chief operating officer Anthony Zeman’s time during the planting season and a transition to a new certifying agent.

Promiseland appealed the suspension of its certification but it was affirmed by a USDA judicial officer, who expanded the original four-year suspension to five years. Promiseland said it was given no reason for the expanded suspension. The suspension was temporarily halted in December according to the company’s lawsuit.

Promiseland has ranches or feedlots near Bassett, Neb.; and Falcon, Lebanon, Elkland and Grant City, Mo.

The Promiseland problems were uncovered as part of an investigation of milk producer Aurora Organic Dairy of Boulder, Colo., because Aurora had bought more than 12,000 cattle from Promiseland. Aurora said it stopped buying cattle from Promiseland in 2007 and put more resources into raising its own calves.

Stay Engaged

Sign up for The Cornucopia Institute’s eNews and action alerts to stay informed about organic food and farm issues.

"*" indicates required fields

Name*
This field is for validation purposes and should be left unchanged.