Feb 16, 2005
TO: Eileen Broomell, NOP Compliance, USDA
RE: Complaint concerning violation of the NOP pasture rule by the Case Vander Eyk, Jr. Dairy farm in California
Dear Ms. Broomell,
The Cornucopia Institute is filing this complaint with your office concerning alleged violations of the pasture rules for ruminants by the Case Vander Eyk, Jr. Dairy farm near Tipton, California. 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, based on our investigation, that there is a reasonable basis to conclude that the Case Vander Eyk, Jr. Dairy farm is violating the spirit and intent of portions of the following Subpart C provisions of the NOP regulations:
§ 205.237 Livestock feed.
- 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 has received a number of reports that indicate that the Case Vander Eyk, Jr. Dairy farm does not provide sufficient pasture for their lactating herd numbering approximately 3000 head. The Case Vander Eyk farm has access to 10,000 acres of pasture, but it is located near Ducor, miles away from their main operation. The dairy reportedly trucks cows to the Ducor pasture but The Cornucopia Institute contends that this approach is not used with the lactating animals. Thus pasture does not appear to provide appreciative feed value, as required by the regulations, for the Case Vander Eyk, Jr. Dairy farm milking herd.
Additional support for this complaint is provided in the March 3, 2004 edition of The Valley Voice, "Organic Dairy Plans Tulare Milk Plant."(http://www.valleyvoicenewspaper.com/valleyvoicearchive/march32004.htm)
The Cornucopia Institute recognizes 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 geographic or climatic conditions—which makes pasture impractical or not cost-effective—cannot be used to justify year-round noncompliance with the pasture rule.
The Case Vander Eyk, Jr. Dairy farm has been certified by Quality Assurance International, Inc. (QAI), with their first organic certification granted in 2002. QAI may be contacted at 858-792-3531.
The contact information for the Case Vander Eyk, Jr. Dairy is:
Case Vander Eyk, Jr.
9999 Road 80
Pixley, CA 93256
559-757-7104
The Cornucopia Institute also believes that similar violations of the Subpart C pasture provisions may be occurring on other certified dairy operations. We are investigating and collecting additional information on these farms and may file formal complaints regarding their violations with your office.
Please keep The Cornucopia Institute apprised of the status of and progress of your investigation into 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 nation’s organic law.
Lastly, pursuant to Subpart C and the following provision:
§ 205.680 General
- 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 is non-profit group dedicated to the fight for economic justice for the family-scale farming community. The group's Organic Integrity Project acts as a corporate watchdog monitoring the credibility of organic farming methods and the food it produces. A briefing paper detailing the weakening of organic food standards is available upon request. Email The Cornucopia Institute at organic@cornucopia.org.
The Cornucopia
Institute
P.O. Box 126
Cornucopia, Wisconsin 54827
organic@cornucopia.org
608.625.2042