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

(USDA) finalized its Organic Livestock and Poultry

Standards (OLPS) rulemaking (88 Federal Register 75394).

The final rule updates regulations under USDA’s National

Organic Program (NOP) to promote animal welfare and

encourage consistent livestock production practices and

adds requirements for indoor and outdoor space for avian

species, animal health care practices, confinement,

transportation, euthanasia, and slaughter (7 C.F.R. Part

205). USDA’s final rule concluded a decade-spanning

rulemaking process.

Background on USDA Rulemaking

USDA’s rulemaking on organic livestock and poultry

practices and standards was initiated in the 1990s with

recommendations by NOP’s advisory board about livestock

health and animal welfare in organic production. This led to

a series of USDA efforts regarding national standards for

the production and handling of organic products, including

livestock and their products. In April 2016, USDA

published a proposed rule (81 Federal Register 21956),

then a final rule in January 2017 (82 Federal Register

7042). USDA’s 2017 final rule amended NOP regulations

for USDA-certified organic livestock and poultry practices.

It addressed four broad areas: living conditions, animal

health care, transport, and slaughter. Some in Congress and

the organic foods industry generally supported the

requirements in USDA’s 2017 final rule; others in Congress

and the conventional U.S. poultry industry opposed the

rule, particularly its animal welfare provisions.

In February 2017, USDA announced it would delay the

effective date of the final rule to allow the incoming

leadership at USDA under the Trump Administration to

review the rule and decide whether to proceed with the

rulemaking begun under the Obama Administration (82

Federal Register 9967). This action was followed by

another series of delays. In December 2017, USDA

published a proposed rule explaining the intent of the

Agricultural Marketing Service (AMS) to withdraw the

final rule (82 Federal Register 59988). USDA announced it

was withdrawing the 2017 final rule based on its

assessment that the “rule would exceed USDA’s statutory

authority” and a revised assessment of the final rule’s costs

and benefits. Subsequent evaluations by the U.S.

Government Accountability Office in both 2017 and 2018

found that USDA’s actions as part of the rulemaking had

complied with applicable procedural requirements.

Many producer groups opposed USDA’s withdrawal, and

some organic industry advocates initiated a series of legal

proceedings against USDA over its failure to put into effect

regulations and standards for organic livestock and poultry

operations. Organic industry advocates viewed these

changes as “essential” to maintain the integrity and value of

the organic seal/label to consumers; some sought more

restrictive requirements. While some in Congress opposed

the withdrawal and urged USDA to finalize the rule, others

strongly opposed USDA rulemaking. In 2016, several

Members of Congress sent letters to USDA criticizing its

regulation. Congressional appropriators also directed

USDA to conduct a “thorough assessment on the costs of

compliance and alternatives” for existing producers

(H.Rept. 114-531). Much of the disagreement over USDA

rulemaking centered on the rule’s animal welfare

requirements, particularly its animal outdoor access

requirements and restrictions involving poultry porches.

USDA’s National Organic Program

USDA National Organic Program (NOP)—A voluntary

certification program administered by USDA for producers and

handlers of agricultural products who use certain approved

organic methods codified in regulation under USDA’s oversight.

USDA-Certified Organic Production—A production system

managed in accordance with the Organic Foods Production Act

(OFPA; P.L. 101-624, Title XXI; 7 U.S.C. §6501 et seq.) and

USDA regulations intended to “respond to site-specific

conditions by integrating cultural, biological, and mechanical

practices that foster cycling of resources, promote ecological

balance, and conserve biodiversity” (7 C.F.R. 205). Producers,

processors, and handlers who wish to market their products as

USDA Organic must follow production practices spelled out in

regulation. USDA-approved organic standards address the

methods, practices, and substances used in producing and

handling crops, livestock, and processed agricultural products.

They also describe the types of approved methods farmers and

ranchers may use to grow crops and raise farm animals and the

types of materials used in production. These standards must be

verified by a USDA-accredited certifying agent before products

can legally be labeled USDA Organic.

National Organic Standards Board (NOSB)—A 15-member

advisory board that makes recommendations to USDA on

organic production issues, as authorized by OFPA. NOSB assists

in the development and maintenance of organic standards; USDA

retains primary responsibility for setting regulatory standards as

well as for compliance, enforcement, and auditor accreditation.

For more background, see CRS In Focus IF10278, U.S. Farm

Policy: USDA-Certified Organic Production.

USDA’s 2023 OLPS Final Rule

The 2023 final rule updates USDA’s organic regulations to

promote more consistent animal welfare practices in

organic livestock and poultry production. Covered

operations include “livestock that are certified organic

under the USDA organic regulations,” including

“mammalian species (e.g., cattle, swine, sheep, goats),

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

products.” The rule establishes certain (1) health care

practices supporting the well-being of animals; (2)

requirements regarding indoor and outdoor space and

access to the outdoors; (3) new species-specific standards

for avian species; and (4) requirements regarding transport,

humane euthanasia, and slaughter of organic livestock.

Amended NOP requirements cover definitions (7 C.F.R.

§205.2), livestock care and production practices standards

(§205.238), mammalian and nonavian livestock living

conditions (§205.239), avian living conditions (§205.241),

and transport and slaughter (§205.242). (See text box.)

Covered operations must comply with the rule’s

requirements by January 2025 but have until January 2029

to comply with outdoor spacing and exit area requirements.

For livestock, the 2023 final rule covers pasture

management, recordkeeping, outdoor access, temporary

confinement from the outdoors and pasture, and the amount

of pasture required in proportion to the total diet or ration. It

reiterates that any USDA-certified organic operations that

slaughter livestock “must meet the humane handling and

slaughter requirements the entire time they hold livestock in

connection with slaughter”—specifically, USDA Food

Safety and Inspection Service (FSIS) animal welfare

regulations at 9 C.F.R. Part 313. (See also FSIS Directive

6900.2; 69 Federal Register 54625). Any nonambulatory

livestock on organic farms must be medically treated or

humanely euthanized (9 C.F.R. 309.2(b)).

Avian living conditions cover “year-round access to the

outdoors, soil, shade, shelter, exercise areas, fresh air, direct

sunlight, clean water for drinking, materials for dust

bathing, and adequate space to escape aggressive

behaviors.” The rule clarifies that indoor space for avian

species may include “enclosed porches and lean-to type

structures (e.g., screened in, roofed) as long as the birds

always have access to the space, including during

temporary confinement events” (7 C.F.R. 205.241(b)(12)).

Species-specific outdoor space requirements for birds are

based either on the amount of square footage per pound of

bird or per bird in the flock (7 C.F.R. 205.241(c)(2)).

USDA received roughly 40,000 public comments on the

regulation and states that 94% of comments and petitions

received support the rule. USDA claims that the benefits of

the 2033 final rule will ensure more consistent livestock

and poultry production and certification practices, align

USDA Organic livestock and poultry practices with

consumer expectations, help maintain consumer and

producer trust in the USDA Organic label, and promote fair

competition among producers. USDA’s 2017 rulemaking

docket details NOP’s long-standing emphasis on animal

welfare issues, including outdoor access for organic

livestock and poultry, dating back to the early 2000s.

USDA reported 3,588 livestock and poultry farms

producing $2.9 billion in organic livestock and poultry

products in 2021. USDA’s impact analysis anticipates that

the regulation could impact 1,015 organic egg producers

and 433 organic broiler operations, increasing production

costs (including the temporary economic welfare loss) for

poultry operations between $47.1 million and $49.0 million

annually. USDA claims these costs would be outweighed

by estimated benefits largely based on assumptions of U.S.

consumers’ willingness to pay higher prices for USDAcertified organic products that meet these amended

regulations. USDA claims the rule “will not add significant

costs to other organic livestock sectors” since the rule seeks

to “codify existing industry practices and minimize

variation in certifier interpretation of organic livestock

welfare requirements.” (See USDA’s Regulatory Impact

Analysis.) Organic producers, however, could incur costs to

meet the rule’s reporting and recordkeeping requirements.

Overview of USDA’s 2023 OLPS Final Rule

Livestock Care and Production Practices

•

Ensure physical alterations are performed only for

identification purposes or for the safety of the animal

•

Prohibit certain physical alterations (e.g., debeaking,

induced molting); limit others (e.g., needle teeth clipping)

•

Identify and record treatment of sick and injured animals

and provide treatment and preventative healthcare

Mammalian and Nonavian Livestock Living Conditions

•

Implement living conditions requirements now split by

species type (i.e., distinct regulations for different species)

•

Require shelter space for animals to lie down, stand up,

fully stretch limbs, and express normal behavior patterns

•

Require bedding and resting areas sufficiently large and

comfortable to keep animals healthy, clean, and dry

•

Require unrestricted year-round outdoor access; livestock

may be temporarily confined in specific circumstances and

for short periods

•

Implement specific requirements for swine—swine must be

in group housing and always have access to rooting

material; flat decks and piglet cages are prohibited

Avian Living Conditions

•

Implement specific requirements for avian living conditions

•

Accommodate the health and natural behavior of poultry

•

Require year-round outdoor access, and prohibit

continuous total confinement

•

Require adequate outdoor space suitable to species, stage

of life, climate, and environment

•

Distribute and size bird houses to ensure outdoor

access—provide one linear foot of exit area for every 360

birds on poultry houses’ exit doors

•

Monitor ammonia levels weekly, and maintain below 20

parts per million (ppm), not to exceed 25ppm

Transportation and Slaughter

•

Ensure animals are fit for transport and able to walk

•

Require seasonally appropriate mode of transport to

protect livestock from cold or heat stress

•

Describe how organic management and animal welfare will

be maintained for transport exceeding eight hours

•

Adhere to USDA humane slaughter standards

Source: CRS from USDA’s Informational Webinar (November 16,

2023) and final rule (88 Federal Register 75394, November 2, 2023).

Renée Johnson, Specialist in Agricultural Policy

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USDA’s Organic Livestock and Poultry Standards Regulations

IF10622

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