WSR 97-20-078

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed September 26, 1997, 11:38 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-04-065.

Title of Rule: Chapter 16-162 WAC, Animal production standards for organic meat and dairy products.

Purpose: The goals for the proposed amendment to chapter 16-162 WAC clarify and strengthen the rules for organic meat and dairy production.

Statutory Authority for Adoption: RCW 15.86.060.

Statute Being Implemented: Chapter 15.86 RCW.

Summary: The proposal amends the purpose, certification requirement, definitions, living conditions, disease and pest management, and recordkeeping. The proposal also repeals three sections that describe organically produced meat, milk, and eggs which are replaced by sections that specify organic standards for poultry and dairy products as well as meat from bovine animals, swine, lamb, sheep, and goat. In addition, two other new sections provide rules for the use of emergency feed and feed additives.

Reasons Supporting Proposal: The organic meat and dairy production rules need to be updated to keep pace with national developments and assure Washington State Department of Agriculture's accreditation by United States Department of Agriculture upon implementation of the National Organic Program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Miles McEvoy, Olympia, (360) 902-1924.

Name of Proponent: Organic Food Program, Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 16-162 WAC, Animal production standards for organic meat and dairy products, provide the standards for organically produced meat, milk, and eggs including required feed requirements, living conditions, disease management, and recordkeeping. Changes to chapter 16-162 WAC are being proposed for the first time since its adoption in 1992. National standards for organic livestock production have changed over the last few years as demand for these products has increased. The organic meat and dairy production rules need to be updated to keep pace with the national developments and assure Washington State Department of Agriculture's accreditation by United States Department of Agriculture upon implementation of the National Organic Program.

The proposed organic livestock standards, if implemented, specify requirements for dairy, poultry and other animals raised for meat.

Proposal Changes the Following Existing Rules: The organic dairy standards require organic feed and no antibiotics for at least three months prior to milk production. They also prohibit the use of hormones such as BST (bovine growth hormone) in the production of organic milk. The organic poultry standards require organic feed from day old chicks, prohibit the use of antibiotics and hormones and require at least four square feet of living space per bird. The organic meat standards require organic feed for at least twelve months prior to slaughter and prohibit the use of antibiotics and hormones. The standards also outline emergency feed conditions when organic feed is not available and approved disease management tools such as vaccinations and herbal remedies.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Introduction: Chapter 16-162 WAC, Animal production standards for organic meat and dairy products, was originally adopted in 1992. These rules provide the standards for organically produced meat, milk, and eggs including required living conditions, disease prevention and control, and recordkeeping.

Purpose for the Rule Amendment: Changes to chapter 16-162 WAC are being proposed for the first time since 1992. Since 1992, there have been a number of developments in the organic livestock industry as the industry has matured. National standards for organic livestock production have changed over the last few years as demand for these products has expanded the organic livestock industry. The organic meat and dairy production rules need to be updated to keep pace with the national developments and assure the Washington State Department of Agriculture's accreditation by the United States Department of Agriculture upon implementation of the National Organic Program.

The goals for the proposed amendment to chapter 16-162 WAC are to clarify and strengthen the rules for organic meat and dairy production. The proposed changes amend five sections that describe the purpose, certification requirements, definitions, living conditions, and recordkeeping; and retitles and amends one section on disease and pest management. The proposal also repeals three sections that describe organically produced meat, milk, and eggs which are replaced by three new sections that provide information on poultry and dairy products as well as meat from bovine animals, swine, lamb, sheep, and goat. In addition, two other new sections provide rules for the use of feed additives in situations of certified organic feed supply shortages.

Businesses Affected by the Rule Amendment: Chapter 16-162 WAC affects all individuals and businesses that produce organic meat and dairy products in Washington state. All producers of organic meat and dairy products are small businesses (less than fifty full-time, year-round employees). Therefore, the record-keeping and compliance requirements would not impose a disproportionate impact on small businesses.

Reporting and Record-keeping Requirements: Record-keeping requirements, RCW 15.86.080 and WAC 16-162-100, have been effective for all producers of organic meat and dairy since 1992. No new record-keeping requirements would be imposed; the amendments would merely reiterate the current requirements in clear language. The record-keeping requirements proposed in the amended WAC 16-162-100 specifies the types of records producers must maintain for at least two years: All disease and pest management materials administered; all purchased feeds; weights of slaughter animals at slaughter and post-slaughter animal products; and sales records.

Compliance Requirements: Organic meat and dairy standards will be altered by the amended chapter 16-162 WAC. WAC 16-162-034 explains the feed, health maintenance, and living condition requirements for bovine animal, swine, lamb, sheep, and goat meat production. WAC 16-162-036 explains the feed, health maintenance, living space and living condition requirements for poultry and poultry products. WAC 16-162-037 explains the feed, health maintenance, and living condition requirements for dairy animals. WAC 16-162-040 explains the procedural requirements for situations of organic feed shortages.

Professional Services: The reporting, record-keeping and compliance requirements would not necessitate the need for professional services. No professional services expenses would be incurred by the small businesses affected by chapter 16-162 WAC.

Industries Impacted by the Rule Amendment: All producers of organic meat and dairy products in Washington state within the following SIC codes are impacted by chapter 16-162 WAC: 0241 dairy farms; 029 general farms, primarily livestock and animal specialties; 201 meat products; 202 dairy products; 515 farm product--raw materials; 542 meat and fish (seafood) markets; and 545 dairy product stores.

Fourteen producers of organic meat and dairy products in Washington state are currently affected by chapter 16-162 WAC. Approximately thirty persons are employed by the producers of organic meat and dairy products in Washington state. All producers of organic meat and dairy products are small businesses (less than fifty full-time, year-round employees); fourteen small businesses are affected by chapter 16-162 WAC.

Cost of Compliance: WAC 16-162-100 Record-keeping requirements, the record-keeping requirements would not require any additional costs associated with supplies, labor, or administration since no new requirements were included that had not been previously required in chapter 15.86 RCW or rules adopted thereunder. All producers of organic meat and dairy would incur similar record-keeping costs.

Impact on Small Businesses: The proposed amendments to chapter 16-162 WAC would not impose a disproportionate economic impact on small businesses because all producers of organic meat and dairy in Washington state are considered small businesses (less than fifty full-time, year-round employees). No fee changes are proposed in chapter 16-162 WAC, therefore financial impact on producers of organic meat and dairy products is not applicable.

Presolicitation and Research Efforts: The organic food program has worked with the Washington State Department of Agriculture appointed Organic Advisory Board over the past three years in the development of the proposed amendments. In addition, rule amendment memos are sent to all producers of certified organic meat and dairy as well as individuals and organizations involved in the organic food industry.

Correspondence Regarding the Proposed Amendment:

May 2, 1994, memo to the Organic Advisory Board (OAB) regarding amending organic livestock and dairy standards.

June 16, 1994, OAB meeting agenda and information associated with the organic dairy standards and the new herd clause.

June 30, 1994, OAB meeting minutes regarding strong interest in amending organic certification standards for dairies.

March 5, 1996, memo to OAB regarding emergency feed clause for revised livestock standards.

April 17, 1996, OAB meeting minutes, overview of timeline for amending livestock rules.

January 1997, organic program update, introducing Linda Condon as the coordinator for the revised organic livestock standards process.

February 18, 1997, draft of proposed amendments to chapter 16-162 WAC, distributed to OAB, 1996 livestock producers certified by the organic food program, consumers and other parties interested in the organic livestock standards.

A copy of the statement may be obtained by writing to Washington State Department of Agriculture, Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1877, or FAX (360) 902-2087.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Natural Resources Building, 1111 Jefferson, Room 259, Olympia, WA 98504, on November 10, 1997, at 1 p.m.

Assistance for Persons with Disabilities: Contact Julie Carlson by October 27, 1997, TDD (360) 902-1996, or (360) 902-1880.

Submit Written Comments to: Miles McEvoy, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2087, by November 10, 1997.

Date of Intended Adoption: November 21, 1997.

September 27 [26], 1997

Candace Jacobs, DVM

Assistant Director

AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-010 Purpose. ((This chapter is promulgated pursuant to RCW 15.86.060 wherein the director is authorized to adopt rules for the proper administration of the Organic Food Products Act.)) This chapter provides standards for ((the production)) producers of organic ((meat and dairy)) animal products, including meat, dairy and eggs, pursuant to RCW 15.86.060.

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-010, filed 5/6/92, effective 6/6/92.]

AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-025 Certification. All animal products marketed and/or labeled as organic must be produced by producers certified by the department or an official organic certifying agent recognized by the department. Producers of organic animal products seeking certification as an organic food producer may apply for certification under chapter 16-156 WAC.

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-025, filed 5/6/92, effective 6/6/92.]

AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-030 Definitions. As used in this chapter:

(1) "Approved" means any material or practice which meets the required criteria or standards for use in the production of organic animal products.

(2) "Botanical pesticides" are pesticides derived from plant materials.

(3) "Department" means the department of agriculture of the state of Washington.

(((3))) (4) "Director" means the director of the department of agriculture or his or her duly authorized representative.

(((4) "Drug" means any chemical substance or noninfectious biological substance, which may be administered to or used on or for animals, as an aid in the diagnosis, treatment, or prevention of disease or other abnormal condition, for the relief of pain or suffering, to control or improve any physiological or pathological condition, or to affect the structure or function of the animal.))

(5) "Feed" means all edible materials which are consumed by livestock, including concentrates (grains, oilseed meals, fats and oils, vitamins and minerals) and forages (hay, straw, stover, silage, cobs, husks, hulls, pasture plants). The term "feed" encompasses all edible agricultural commodities, including crops in pasture, which is ingested by livestock for nutritional purposes.

(6) "Feed additive" means a substance or combination of substances added to feed, or offered on free-choice basis for consumption by livestock to fulfill specific nutritional or physiological needs, e.g., minerals, amino acids, and vitamins.

(7) "Fertile" means any poultry animal product that is:

(a) Marketed using the term fertile or any derivative of fertile in its labeling or advertising; and

(b) A product of an animal that is in a flock of at least one rooster per twenty hens, and that incubating the eggs at a hatchery results in at least eighty percent of the eggs being fertile.

(8) "Material" means any substance or mixture of substances that is used internally or externally in the production of animals or animal products.

(((6))) (9) "Organic animal product" means any animal product labeled and offered for sale with the words organic or any derivative of organic.

(10) "Organic feed" means feed produced and processed organically in accordance with Organic crop production standards, chapter 16-154 WAC and Standards for the certification of processors of organic food, chapter 16-158 WAC. Approved feed additives may be added to organic feed.

(11) "Organic pasture" means ground covered with vegetation, which is suitable for grazing and has been managed in accordance with Organic crop production standards, chapter 16-154 WAC, for at least thirty-six months.

(12) "Organic range" means ground covered with vegetation, which is suitable for grazing and has been managed in accordance with Organic crop production standards, chapter 16-154 WAC, for at least thirty-six months.

(13) "Prohibited" means any material or practice which is disallowed ((in)) by this chapter for the production of organic animal products.

(((7) "Recommended" means that the stated materials or practices are encouraged.

(8))) (14) "Remedy" means anything that relieves or cures a disease.

(((9) "Required" means any material or practice which must be used or followed for the production of organic animal products.))

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-030, filed 5/6/92, effective 6/6/92.]

NEW SECTION

WAC 16-162-034 Meat from bovine animals, swine, lamb, sheep, and goat. Organic meat products produced from bovine animals, swine, lamb, sheep, and goat must meet the following criteria for at least twelve months prior to slaughter or, when slaughtered in less than twelve months from birth, from birth to slaughter. In addition, when animals are slaughtered in less than twelve months from birth, the animal's mother must meet the following criteria during the last third of gestation and while the slaughter animal is nursing:

(1) Animals must be raised on one hundred percent organic feed;

(2) Animals may not be administered hormones, antibiotics or synthetic parasiticides;

(3) Animals must have fresh air, daylight and access to organic pasture or organic range; and

(4) Animals may be kept in a feedlot for up to ninety days prior to slaughter as long as the animals have access to fresh air, daylight and are fed one hundred percent organic feed.

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NEW SECTION

WAC 16-162-036 Poultry and poultry products. Organic poultry products must meet the following criteria:

(1) Birds must be raised on one hundred percent organic feed from the time the animals are one day old;

(2) Birds must be raised in either:

(a) A moveable pen management system which is moved on a daily basis and provides access to organic pasture or organic range; or

(b) A living space that provides a minimum of four square feet of living space per bird, (including both inside and outside areas), and access to the outside areas. Minimum living space requirements are calculated for the size of an adult chicken and requirements for other poultry animals are calculated proportionately according to the size of the species;

(3) Birds must be provided shade and dusting wallows and laying birds must also be provided nest boxes and perches;

(4) Birds may not be administered hormones, antibiotics or synthetic parasiticides from one day old to slaughter;

(5) Organic eggs are not required to be fertile.

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NEW SECTION

WAC 16-162-037 Dairy products. Organic animal products produced from dairy animals must meet the following criteria:

(1) Dairy animals must be raised on one hundred percent organic feed for ninety days prior to milk production and have access to only organic pasture for at least one year prior to organic milk production;

(2) Dairy animals may not be administered synthetic parasiticides nor hormones for one year prior to organic milk production; and

(3) Dairy animals may not be administered antibiotics for ninety days prior to organic milk production.

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NEW SECTION

WAC 16-162-040 Emergency feed. In situations of an organic feed shortage which results from emergency conditions (e.g., weather conditions, road closures, crop failures), the organic livestock producer may feed nonorganic feed to livestock for a limited period, provided that the organic feed shortage is temporary and unforeseeable due to emergency conditions beyond the producer's control and:

(1) The organic livestock producer must make every reasonable effort and maintain a record of every such effort to locate organically grown feed, using the following prioritization:

(a) Certified organic feed;

(b) Noncertified organic feed;

(c) Feed from farms under organic management for two years;

(d) Feed from farms under organic management for one year; and

(e) Conventional feed;

(2) The organic livestock producer notifies the department and submits the organic feed supplier record (subsection (1) of this section) to the department prior to the feeding of nonorganic feed;

(3) The department verifies the emergency conditions (e.g., weather conditions, road closures, crop failures);

(4) The department reviews the situation to determine a maximum time period during which second year transitional organic feed, first year transitional organic feed, or conventional feed may be used;

(5) The livestock producer may not represent egg and dairy products as organic animal products during the time period the animals are fed conventional feed plus an extended time period equal to the time period that conventional feed was fed to the animals (e.g., organic feed unavailable for three days, no organic sales for six days); and

(6) The livestock producer may not represent meat products as organic animal products during the time period the animals are fed conventional feed plus an extended period of ninety days (e.g., organic feed unavailable for three days, no organic sales for ninety-three days).

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NEW SECTION

WAC 16-162-045 Approved and prohibited feed additives. (1) The following list of feed additives are approved for adding to organic feed:

(a) Amino acids (chelated or nonchelated);

(b) Salt;

(c) Minerals;

(d) Vitamins;

(e) Molasses;

(f) Mineral oil;

(g) Enzymes;

(h) Fish meal and fish by-products.

(2) The following additives are prohibited for adding to organic feed:

(a) Synthetic additives not approved in subsection (1) of this section;

(b) Animal by-products including bloodmeal, and bonemeal except for fish meal and fish by-products;

(c) Processed or unprocessed animal waste (manure); and

(d) Feeding of plastic.

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AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-050 Living conditions. (1) ((Required:

(a))) Organic livestock producers ((must provide, when appropriate,)) are required to provide the following living conditions for animals raised for organic meat, dairy and egg production:

(a) Organic producers must provide their animals with access to fresh air and daylight((.));

(b) Every animal must have enough room to get up, lie down, turn around, groom, and stretch its limbs.

(((c) Stock facilities must be clean and sanitary.))

(2) Organic livestock producers are prohibited((:)) from practices that are contrary to humane treatment guidelines, good sanitation practices, and good animal health programs.

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-050, filed 5/6/92, effective 6/6/92.]

AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-070 Disease ((prevention and control)) and pest management. In order for animals to be considered "organically produced" an organic disease and pest management program must be in place. An organic disease and pest management program includes an integrated approach to disease and pest management that stresses preventative control. The department shall restrict producers from using the terms "organic," or "organically produced" for producers without adequate organic disease and pest management programs. A proper herd health program should include strategies for disease prevention, parasite control, and disease treatment. Producers of organic animal products shall market only healthy animals and animal products, and shall never deny treatment to an animal in order that it may be labeled or sold as organic.

(((1) The following practices are recommended:

(a) Quarantine and fecal exams for all incoming stock.

(b) Adequate pasture rotation and good pasture management.

(c) Maintaining and cleaning facilities regularly.

(d) Periodic fecal exams and the culling of seriously infested animals.

(e) Vector and intermediate host control.

(f) Biological control methods.

(g) Maintaining dusting wallows for poultry.

(2) The following)) Approved disease and pest management materials ((or)) and practices are ((approved for use in the production of organic animal products)):

(((a) Rotenone and pyrethrum)) (1) Approved botanical insecticides for external parasite control and for fly management, only if labeled for such use((.));

(((b))) (2) Natural materials used in homeopathic, naturopathic, and herbal remedies((.));

(((c))) (3) Tamed iodine, alcohol, and/or hydrogen peroxide as a disinfectant((.));

(((d))) (4) Vaccinations against endemic disease((.));

(((e))) (5) Sodium hypochlorite (bleach), for use on machinery and facilities((.)); and

(((f))) (6) Steam sterilization of equipment.

(((3) Prohibited materials and practices. The disease prevention and control materials and practices that are prohibited for use in the production of organic animal products includes but is not limited to the following:

(a) Administration of hormones or subtherapeutic levels of antibiotics.

(b) The use of synthetic internal parasiticides on a routine basis.

(c) Synthetic internal parasiticides used within twelve months of slaughter, milk production, or egg production.

(d) Antibiotics used within thirty days or twice the FDA withdrawal time, whichever is longer, in the production of organic milk.

(e) Antibiotics used within twelve months in the production of organic meat or eggs.))

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-070, filed 5/6/92, effective 6/6/92.]

AMENDATORY SECTION (Amending WSR 92-11-001, filed 5/6/92, effective 6/6/92)

WAC 16-162-100 Recordkeeping. (1) All organic stock must be ear tagged or individually marked with the exception of poultry, which may be identified by flock.

(2) ((Records must be kept of:)) Organic livestock producers must maintain the following records from birth or purchase of livestock animals and for two years after the sale of the organic animal products or slaughter of organic livestock:

(a) All ((medications)) disease and pest management materials administered ((())including dates administered, material type, dosages, and sources(()));

(b) All purchased feeds ((bought and fed)) including dates purchased, feed type, quantities purchased, sources, and a copy of organic certificates;

(c) ((All feed supplements used; and

(d) The)) Weight of slaughter animals at slaughter and weight of post-slaughter animal products; and

(d) Sales records of all organic animal products sold including dates, quantities and weights.

(3) ((All records must be kept from birth or purchase and for two years after sale or slaughter.

(4))) Receipts for stock and materials must be kept to insure a complete audit trail.

(((5))) (4) Inadequate recordkeeping may constitute cause for the director to prohibit labeling or marketing animal products as "organic" or "organically produced."

[Statutory Authority: Chapter 15.96 [15.86] RCW. 92-11-001, 16-162-100, filed 5/6/92, effective 6/6/92.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-162-031 "Organically produced meat."

WAC 16-162-032 "Organically produced milk."