4 TAC §18.19, §18.20
The Texas Department of Agriculture (the department) proposes
new §18.19 concerning certification of organic livestock products and
new §18.20 concerning temporary variances to the department's organic
standards. New §18.19 is proposed to establish production standards for
organic certification of animals used to produce meat, eggs, dairy products,
wool and other food or fiber products of animal origin and to incorporate
the new organic livestock standards into the existing organic standards. New §18.20
is proposed to establish a process for requesting a variance to the organic
standards in accordance with the United States Department of Agriculture National
Organic Program. The new section allows for consideration of a variance to
the organic standards when necessary due to a natural disaster or extreme
weather events, or in order to facilitate research on organic production and
processing techniques.
Leslie McKinnon, coordinator for organic certification, has determined
that for the first five-year period the new sections are in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the new sections. The cost of any additional inspection
activities and administrative workload for state program and field staff in
implementing the new organic livestock program will be recovered through collection
of additional fees from applicants for certification under that program.
Ms. McKinnon also has determined that for each year of the first five years
the new sections are in effect the public benefit anticipated as a result
of enforcing the sections, as proposed, will be the expansion of the market
for Texas organic agriculture products and the provision for a variance to
requirements in the organic standards when necessary due to natural disasters
or to facilitate research. The effect on large, microbusinesses, and small
businesses is to provide access to new niche markets. The anticipated economic
cost to microbusinesses, small businesses and persons who are required to
comply with new §18.19, concerning organic certification of livestock,
livestock fiber and livestock production is limited to reasonable fees collected
for certification services. The amount of fees will depend on the type of
livestock production and the size, based on land acres, of the organic operation.
Comments on the proposal may be submitted to Leslie McKinnon, Coordinator
for Organic Certification, Texas Department of Agriculture, P. O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Agriculture Code
(the Code), §18.002, which provides the department with the authority
to adopt rules necessary for the enforcement and administration of Chapter
18, Subchapter A., concerning Organic Standards and Certification.
The code sections which will be affected by the proposal are the Texas
Agriculture Code, Chapter 18, and the Texas Agriculture Code, §12.002.
§18.19.Production of Livestock and Livestock Products.
(a)
Origin of livestock.
(1)
Livestock products that are to be sold, labeled, or represented
as organic must be from livestock under continuous organic management from
the last third of gestation or from hatching with the following exceptions:
(A)
Poultry or edible poultry products must be from poultry
that has been under continuous organic management beginning no later than
the second day after hatching.
(B)
Milk or milk products must be from animals that have been
under continuous organic management for a minimum of 1 year prior to the production
of the milk or milk products that are to be sold, labeled, or represented
as organic, unless an entire, distinct herd is being converted to organic
production, in which case the producer may:
(i)
for the first 9 months of the year, provide a minimum of
80% feed that is either organic or raised on land included in the organic
system plan and managed in compliance with organic crop requirements; and
(ii)
provide feed in compliance with subsection (b) of this
section for the final 3 months of the year.
(iii)
Once an entire, distinct herd has been converted to organic
production, all dairy animals shall be under organic management from the last
third of gestation.
(C)
Livestock used as breeder stock may be brought from a nonorganic
operation onto an organic operation at any time. Gestating breeder stock must
be brought onto the facility no later than the last third of gestation if
the offspring are to be raised as organic livestock.
(2)
Livestock Breeding.
(A)
Breeding for the production of progeny sold as organically
produced may include:
(i)
natural service; and
(ii)
artificial insemination.
(B)
Animals used for organic production may not be the result
of genetic engineering or cloning.
(C)
Progeny shall not be deliberately separated from female
breeder stock sooner than the following minimums:
(i)
beef cattle (calves)--3 months;
(ii)
dairy cattle (calves)--12 to 24 hours;
(iii)
sheep (lambs) or goats (kids)--2 months; and
(iv)
swine (piglets)-- 4 weeks.
(3)
The following are prohibited:
(A)
Livestock or edible livestock products that are removed
from a certified organic operation and subsequently managed on an uncertified
operation may be not sold, labeled, or represented as organically produced.
(B)
Breeder or dairy stock that has not been under continuous
organic management since the last third of gestation may not be sold, labeled,
or represented as organic slaughter stock.
(b)
Livestock feed.
(1)
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, except the following may be used as feed additives and supplements:
(A)
nonsynthetic, nonagricultural substances, provided the
substance is not categorized as prohibited in the TDA Materials List or in
the National List;
(B)
synthetic substances listed as allowed or allowed with
restrictions on the TDA Materials List and the National List.
(C)
Dairy calves, orphans, and young animals requiring milk,
that due to justifiable reasons must be separated from certified organic female
breeder stock prior to the minimums stipulated in subparagraph (a)(2)(C) of
this section, may be provided organic whole milk and colostrum supplements
not containing medicated additives. These animals may be marketed as organically
produced slaughter stock if records indicate that organically produced feed
and feed supplements in compliance subsection (b) of this section were the
only products consumed by the animal for a period of 150 days after termination
of providing whole milk or colostrum supplements.
(2)
The producer of an organic operation must not:
(A)
use animal drugs, including hormones, to promote growth;
(B)
provide feed supplements or additives in amounts above
those needed for adequate nutrition and health maintenance for the species
at its specific stage of life;
(C)
feed plastic pellets for roughage;
(D)
feed formulas containing urea or manure;
(E)
feed mammalian slaughter by-products to mammals or poultry
slaughter by-products to poultry;
(F)
feed materials listed as prohibited in the TDA Materials
List or in the National List; or
(G)
use feed, feed additives, and feed supplements in violation
of the Federal Food, Drug, and Cosmetic Act.
(3)
If a variance to the feed requirements is granted in accordance
with §18.20 of this title (relating to Temporary Variances), the producer
shall use the following types of feed in order of priority:
(A)
feed certified as transitional-organic certification pending;
or
(B)
non-certified feeds documented to be produced without prohibited
materials; or
(C)
under exceptional circumstances, conventional feed may
be allowed as a last resort. The department or the certifying agent shall
specify a waiting period of a minimum of 90 days prior to slaughter or production
of food products after organic feed is resumed, and may require residue testing
of the feed, meat or food product.
(c)
Livestock health care.
(1)
The producer must establish and maintain preventive livestock
health care practices, including:
(A)
selection of species and types of livestock with regard
to suitability for site-specific conditions and resistance to prevalent diseases
and parasites;
(B)
provision of a feed ration sufficient to meet nutritional
requirements, including vitamins, minerals, protein and/or amino acids, fatty
acids, energy sources, and fiber (ruminants);
(C)
establishment of appropriate housing, pasture conditions,
and sanitation practices to minimize the occurrence and spread of diseases
and parasites;
(D)
provision of conditions which allow for exercise, freedom
of movement, and reduction of stress appropriate to the species;
(E)
performance of physical alterations as needed to promote
the animal's welfare and in a manner that minimizes pain and stress;
(F)
administration of vaccines for endemic diseases including,
but not limited to, those required by state or federal law; and
(G)
administration of other veterinary biologics.
(2)
When preventive practices and veterinary biologics are
inadequate to prevent sickness, a producer may administer synthetic medications
listed as allowed or allowed with restrictions on the TDA Materials List and
the National List.
(3)
The producer shall establish and maintain preventive parasite
management practices appropriate to the livestock species, which may include:
(A)
quarantine and fecal exams for incoming livestock;
(B)
periodic fecal exams and culling of seriously infested
individuals;
(C)
pasture rotation and pasture management;
(D)
maintaining clean facilities and proper manure management;
(E)
vector and intermediate host control using biological controls;
and
(F)
vector or intermediate host control using materials categorized
as allowed or allowed with restrictions in the TDA Materials List and in the
National List;
(4)
If all applicable parasite management techniques listed
in paragraph (c)(3) of this section are insufficient to provide adequate control,
parasiticides listed as allowed or allowed with restrictions on the TDA Materials
List and the National List may be used on:
(A)
breeder stock, when used prior to the last third of gestation
and not during lactation if progeny are to be sold, labeled, or represented
as organically produced; and
(B)
dairy stock, when used a minimum of 90 days prior to the
production of milk or milk products that are to be sold, labeled, or represented
as organic.
(5)
Materials listed as allowed or allowed with restrictions
in the TDA Materials List and in the National List may be applied, if registered
for use as an external parasiticide, for immediate control of external parasites.
(6)
The producer of an organic livestock operation must not:
(A)
sell, label, or represent as organic any animal or edible
product derived from any animal treated with:
(i)
antibiotics,
(ii)
any substance that contains a synthetic substance not
listed as allowed or allowed with restrictions on the TDA Materials List and
the National List; or
(iii)
any substance that contains a nonsynthetic substance
listed as prohibited on the TDA Materials List or the National List;
(B)
administer any animal drug, other than vaccinations, in
the absence of illness;
(C)
administer hormones for growth promotion;
(D)
chemically induce or force molting of laying hens;
(E)
use artificial lighting to extend daylength beyond 16 hours
per day to stimulate egg production;
(F)
administer synthetic parasiticides on a routine basis;
(G)
administer synthetic parasiticides to slaughter stock;
(H)
administer animal drugs in violation of the Federal Food,
Drug, and Cosmetic Act; or
(I)
withhold medical treatment from a sick animal in an effort
to preserve its organic status. All appropriate medications must be used to
restore an animal to health if methods acceptable in organic production fail.
Livestock treated with a prohibited substance must be clearly identified and
shall not be sold, labeled, or represented as organically produced.
(d)
Livestock living conditions.
(1)
The producer of an organic livestock operation must establish
and maintain livestock living conditions which accommodate the health and
natural behavior of animals, including:
(A)
access to the outdoors, shade, shelter, exercise areas,
fresh air, fresh water and direct sunlight suitable to the species, its stage
of production, the climate, and the environment;
(B)
access to pasture for ruminants;
(C)
appropriate clean, dry bedding which if typically consumed
by the animal species, must comply with the feed requirements of subsection
(b) of this section; and
(D)
shelter designed to allow for:
(i)
natural maintenance, comfort behaviors, and opportunity
to exercise;
(ii)
temperature level, ventilation, and air circulation suitable
to the species; and
(iii)
reduction of potential for livestock injury;
(2)
The producer of an organic livestock operation may provide
temporary confinement for an animal because of:
(A)
inclement weather;
(B)
the animal's stage of production;
(C)
conditions under which the health, safety, or well being
of the animal could be jeopardized; or
(D)
risk to soil or water quality.
(3)
The producer of an organic livestock operation must manage
manure and waste water in a manner that:
(A)
reduces disease and parasite recycling;
(B)
does not contribute to contamination of crops, soil, or
water by plant nutrients, heavy metals, or pathogenic organisms; and
(C)
optimizes recycling of nutrients.
(4)
A producer of an organic livestock operation shall maintain
proper sanitation and cleaning to control parasites and disease.
(5)
Materials categorized as prohibited may not be used for
sanitation or pest control in organic livestock production facilities.
(6)
A producer of an organic livestock operation shall not
use:
(A)
stacked or battery cage confinement;
(B)
continued use of farrowing crates or boxes beyond a maximum
of 7 days after commencement of farrowing;
(C)
physical constraints such as chaining (as in white veal
production); or
(D)
other confinement systems which do not allow for free movement
and mobility.
(e)
Recordkeeping.
(1)
The producer of an organic livestock operation shall maintain
records sufficient to preserve the identity of all organically managed animals
and edible and nonedible animal products produced on the operation, and shall
maintain a detailed, verifiable audit trail so that each animal (or each flock
of poultry) can be traced back to the certified farm or production unit.
(2)
Records shall include source and, if applicable, verification
of certification of all purchased livestock.
(3)
Records shall include dates of birth and weaning or separation
from female breeder stock for progeny types listed in subparagraph (a)(2)(C)
and other mammalian livestock.
(4)
An identification system shall be maintained which ensures
the identity of organic livestock throughout the life cycle and may include
but is not limited to:
(A)
ear-tagging or individual marking; and
(B)
tracking by flock of poultry.
(5)
Producers shall maintain accurate records pertaining to
all feeds, feed supplements and additives, including:
(A)
amounts and sources of all feeds, feed supplements and
feed additives bought and fed; and
(B)
verification of required certification of feed products.
(6)
Records shall be maintained of all health care applications
including:
(A)
sources, labels, required medical records and Food and
Drug Administration (FDA) recommended withdrawal information for all medications
including, but not limited to, antibiotics, internal and external parasiticides,
and vaccinations; and
(B)
records of applications including dates and rates of all
materials administered for health care by individual, flock or lot of livestock.
(7)
Producers shall maintain all required testing results and/or
reports.
(8)
Producers shall maintain complete auditable records by
weight or lot of all livestock, livestock products or by-products packaged
or sold including, but not limited to, meat, milk, milk products, eggs or
fiber.
(9)
Dairy records must include:
(A)
milk production records;
(B)
date began organic feed;
(C)
date bred/calved; and
(D)
beginning date and ending date of lactation.
(10)
All records shall be maintained for a minimum of five
years.
(f)
Processing and handling.
(1)
Processing and handling of livestock products shall be
consistent with all processing and handling standards and materials defined
under this chapter.
(2)
Food produced under this section may not be processed using
synthetic preservatives, coloring, flavoring, texturizers, emulsifiers or
additives unless listed as allowed or allowed with restrictions in the TDA
Materials List and in the National List.
(3)
Food produced under this section may be processed using:
(A)
allowed bacterial cultures or fermentation systems;
(B)
certified organically produced fruit, plant extracts, natural
sweeteners, spices or other certified organically produced ingredients;
(C)
sea salt or brine preparations; or
(D)
freezing, drying, vacuum packing, heat processing, or wood
smoking if the wood has not been treated with synthetic or prohibited materials.
(4)
Certified organically produced milk shall be tested for
bacteria and somatic cells.
(5)
Certified organically produced meat shall not come in contact
with non-organically produced meat.
(6)
All slaughter or processing of livestock or agricultural
products produced under this chapter shall be in accordance with federal and
state health standards and requirements.
(g)
Labeling. Labeling of livestock and livestock products
shall be in accordance with the following rules established under this chapter
if applied for, and approved by the United Stated Department of Agriculture
(USDA)-Food Safety Inspection Service (FSIS) or the Texas Department of Health
(TDH) as applicable.
(1)
Products produced from livestock raised according to requirements
specified in this section may be sold under a "Certified Organically Produced"
primary display label that may contain the TDA "Certified Organic Logo".
(2)
Products produced from livestock not produced under the
provisions of this title, or not meeting the restrictions on use of antibiotics
or parasiticides cannot be sold as "Organic".
(h)
Additional labeling claims. This chapter does not preclude
a producer or processor from applying for, or obtaining approval from the
USDA or the TDH for the use of additional labeling claims including, but not
limited to, natural or negative production claim labels.
§18.20.Temporary variances.
(a)
Temporary variances from crop production, livestock production
and processing requirements may be established for the following reasons:
(1)
natural disasters;
(2)
damage caused by drought, wind, flood, excessive moisture,
hail, tornado, earthquake, fire, or other business interruption; and
(3)
practices used for the purpose of conducting research or
trials of techniques, varieties or ingredients used in organic production
or processing.
(b)
If a requested variance qualifies under one of the above
conditions, the request shall be forwarded to the USDA for consideration.
(c)
The USDA will provide written notification to the department
upon establishment of a temporary variance and specify the period of time
it shall remain in effect, subject to extension as deemed necessary by the
USDA.
(d)
Upon notification of the establishment of a temporary variance,
the department shall notify each certified operation to which the temporary
variance applies.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2002.
TRD-200201489
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-4075