As previously covered on this blog, on January 19, 2017, USDA published a controversial final rule on organic livestock and poultry which establishes minimum indoor and outdoor space requirements for chickens as a function of type of production and stage of life, as well as adds new provisions for livestock handling and transport for slaughter. 82 FR 7042.  The effective date for this rule was initially March 20, 2017.  On February 9, 2017, USDA delayed the effective date to May 19, 2017.

Today, USDA published a Notice in the Federal Register (82 FR 21677) delaying the effective date of the final rule for an additional six months to November 14, 2017.  The Agency also concurrently published a Second Proposed Rule (82 FR 21742) requesting comments on the final rule through June 9, 2017. USDA is specifically requesting feedback on which of the following four actions USDA should take with regard to the disposition of the final rule:

• Let the rule become effective. This means that the rule would become effective on November 14, 2017.

• Suspend the rule indefinitely. During the suspension, USDA could consider whether to implement, modify or withdraw the final rule.

• Delay the effective date of the rule further, beyond the effective date of November 14, 2017.

• Withdraw the rule so that USDA would not pursue implementation of the rule.

Today’s announcement comes on the heels of the Organic Trade Association (OTA) sending a letter late last month to USDA urging the Agency to avoid further delays to the implementation of the final rule.  OTA’s letter noted that the rule has received strong support throughout the organic chain, from organic producers to the organic consumer.  Critics of the rule include some “farm-state” lawmakers and farm groups who believe the rule could raise food prices and force some farmers out of business.

Given the controversial nature of the final rule, the ultimate fate of this rule continues to remain unclear.