Portland, OR—Yesterday afternoon the United States District Court for the District of Oregon ruled against a pending legal challenge to organic "grower group" certification, a longstanding practice codified in the U.S. Department of Agriculture's (USDA's) 2023 revisions to its rules applying the Organic Foods Production Act (OFPA). OFPA is the law governing organic farming standards and organic food labeling. The federal district court held that the plaintiff, a U.S. organic hazelnut grower, had failed to show how the lawful application of the challenged USDA grower group certification rule had injured his business and thus lacked standing.
Earlier this year Center for Food Safety, representing itself and eight other organic stakeholders--including organic nonprofits, companies, international certifiers, and grocers—filed a brief in support of USDA's rule and grower group certification.
The organic stakeholders' amicus brief explained how and why the certification system is a critical element supporting organic practices globally and for the inclusion of millions of smallholder farmers in the organic marketplace. The "grower group" organic farming certification system has been in operation for decades and is widely recognized internationally, enabling millions of low-income small farmers around the world to grow organically certified crops, which would otherwise not be financially or logistically viable. And the filing detailed how a prohibition on group certification would cause catastrophic consequences to all organic stakeholders: the lost livelihoods of small organic farmers around the world, the elimination of the souring for organic companies, and loss of these organic products like coffee, chocolate, and more for organic consumers.
Statements:
"This ruling ensures that millions of organic small holder farmers will continue to have access to the marketplace and organic premiums," said David Bronner, CEO of Dr. Bronner's, an amici in the case. "It also ensures that companies like ours will be able to continue providing products made with the highest quality ingredients to our customers."
"Today, the court took an important step to protect organic market access for some of the world's smallest farmers," said Tom Chapman, Co-CEO of the Organic Trade Association, an amici in the case. "To grow organic and address pressing global challenges, organic certification must remain viable for farms of all sizes.
"This important decision helps to protect the livelihoods of thousands of small farmers and validates the status of the grower group approach to certification," said Michael Sigh, Director of Alliance for Organic Integrity, an amici in the case.
"Smallholder farmers play a vital role in our organic global supply chain, and this decision is a significant step in safeguarding their contributions. It ensures that these farmers can continue to participate in the organic global food system, safeguarding their livelihoods and the future of sustainable agriculture in rural farming communities around the world," said Tony Bedard, CEO of Frontier Co-op, an amici in the case.
"Grower group certification has always been a crucial part of the organic standard," said George Kimbrell, Legal Director of amici Center for Food Safety and amici counsel in the case. "Today's decision protecting it is a vital victory for organic farmers, stakeholders, and consumers."