> **[M[arin County Department of Agriculture • Weights and
> Measures]{.smallcaps}]{.underline}**

**[Stacy K. Carlsen]{.smallcaps}**

[Commissioner/Director]{.smallcaps}

# Fred W. Crowder

[Deputy Commissioner/Director]{.smallcaps}

December 19, 2008

Mr. Richard H. Matthews

Chief, Standards Development and Review Branch,

National Organic Program, Transportation and Marketing Programs

USDA-AMS-TMP-NOP, 1400 Independence Ave., SW.

Room 4008-So., Ag Stop 0268

Washington, DC 20250

[Docket Number AMS-TM-06-0198; TM-05-14]{.underline}

Dear Richard,

On behalf on the Marin County Department of Agriculture and the
Accredited Certification Agency housed within our department, MOCA, we
thank USDA for addressing organic livestock access to pasture in the new
pasture proposal document.

Dairy is our primary agricultural product and accounts for over half of
our agricultural value in Marin County. Over a quarter of our dairies
are certified organic. The average milking herd in our county is 389
head run by family farms. Some of these families can trace their family
roots as far back as six generations.

We support the bold spirit of the newly proposed pasture standards.
However, after much reflection of what is realistic for our northern
California coastal dairy pastures we would like to submit the following
corrective suggestions.

We support the FOOD Farmers detailed recommendations of the proposed
rule. However, there are three significant sections (205.237, 205.239
and 205.240) we feel need to be implemented *in place* of the FOOD
Farmers recommendation. The suggested amendments are printed in
red-brown font below:

Definitions

Graze. (1) The consumption of standing forage by livestock. (2) To put
livestock to feed on standing forage.

Grazing. To graze.

Grazing season.  The time(s) of year when pasture growth is possible
from natural precipitation or irrigation and is available for livestock
to graze. Grazing season(s) dates may vary because of mid-summer heat,
humidity, significant precipitation events, floods, hurricanes, droughts
or winter weather events.

**205.237 Livestock feed**.

\(a\) The producer of an organic livestock operation must provide
livestock with a total

feed ration composed of certified organic agricultural products,
including pasture and forage, except as provided in § 205.236(a)(i)) or
§ 205.101(a): Except, That, synthetic substances allowed under § 205.603
and nonsynthetic substances may be used as feed additives and
supplements, Provided, That, all agricultural ingredients in such
additives and supplements shall have been produced and handled
organically.

\(b\) The producer of an organic operation must not:

> \(1\) Use animal drugs, including hormones, to promote growth;
>
> \(2\) 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;
>
> \(3\) Feed plastic pellets for roughage;
>
> \(4\) Feed formulas containing urea or manure;

\(5\) Feed mammalian or poultry slaughter by-products to mammals or
poultry;

> \(6\) Use feed, feed additives, and feed supplements in violation of
> the Federal Food,  Drug, and Cosmetic Act;

\(7\) Provide feed or forage which contains an antibiotic; or

> \(8\) Prevent ruminant animals from accessing pasture during the
> grazing season(s), except as provided for in § 205.239(b) or (c). The
> grazing season(s) must not be less than 120 days per year total. Due
> to weather, season or climate, the grazing season(s) may or may not be
> continuous.

\(c\) Producers shall:

> \(1\) Describe the total feed ration for each species and class of
> animal. The description must include:

\(i\) All feed produced on-farm;

\(ii\) All feed purchased from off-farm sources;

\(iii\) The percentage of each feed type, including pasture, in the
total ration; and,

\(iv\) A list of all feed supplements and additives.

> \(2\) Document the amount of each type of feed actually fed to each
> species and class of animal.

\(d\) The organic system plan required in section 205.201 must include a
description of pasture management, including: frequency and duration of
grazing, planting, watering, harvesting, shade and water sources, and
other attributes as applicable.

**205.239 Livestock living conditions.**

\(a\) The producer of an organic livestock operation must establish and
maintain year-round livestock living conditions which accommodate the
health and natural behavior of animals. Producers shall provide, as
suitable to the species, its stage of life, the climate, and the
environment:

> \(1\) Year-round access for all animals to the outdoors, except as
> provided for in paragraphs (b) and (c) of this section; shade and
> shelter as necessary, exercise areas, fresh air, direct sunlight, and
> clean water for drinking.

\(2\) For all ruminants, management on pasture and daily grazing during
the grazing season(s), except as provided for in paragraphs (b) or (c)
of this section

> \(3\) Appropriate clean, dry bedding, as necessary. If such bedding
> material is typically fed to the animal species, it must comply with
> the feed requirements of § 205.237.

\(4\) Shelter, as needed, 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;

\(b\) The producer of an organic livestock operation may temporarily
deny an animal access to the outdoors because of:

> \(1\) Inclement weather and conditions caused by inclement weather;

\(2\) The animal's stage of life;

> \(3\) Conditions under which the health, safety, or well being of the
> animal could be jeopardized; or
>
> \(4\) Risk to soil or water quality
>
> \(5\) Preventative health care procedures
>
>  (6) Temporary management situations, such as weaning, shearing,
> breeding, shipping or branding

\(c\) The producer of an organic livestock operation may temporarily
deny a ruminant animal pasture under the following conditions:

> \(1\) When the animal is segregated for treatment of illness or injury
> (lactation is not an illness or injury)
>
> \(2\) For short time periods prior to parturition (birthing),
> parturition, after parturition, and at dry off as medically necessary
> for the animals' health;
>
> \(3\) In the case of newborns for up to six months, after which they
> must be on pasture and may no longer be individually housed; 
>
> \(4\) In the case of dairy animals, for short periods daily for
> milking. Milking practices, such as frequency and duration, cannot be
> used to deny dairy animals maximum grazing time; and
>
> \(5\) Ruminant slaughter stock for a finishing period which may not
> exceed one fifth (1/5) of the animal's total life or 120 days,
> whichever is shorter.

\(d\) The producer of an organic livestock operation must manage manure
in a manner that does not contribute to contamination of crops, soil, or
water by plant nutrients, heavy metals, or pathogenic organisms and
optimizes recycling of nutrients and must manage pastures and other
outdoor access areas in a manner that does not put soil or water quality
at risk.

**205.240 (d)** This section including the definition of sacrificial
pasture should be deleted. Sacrificial pastures would directly conflict
with our local Regional Water Quality Regulations. Because of our
rainfall patterns, soil type and topography, the need to temporarily
confine and house ruminants is necessary for animal health and well
being. During the wet winter months temporarily housing ruminants in
adequate living conditions such as freestall barns has proven to mediate
runoff, point-source pollution, and preserve soil quality. This section
would directly conflict with many years of water quality consciousness
through environmental stewardship.

We appreciate the opportunity to comment on the proposed rule and look
forward to well thought out decisions that can accommodate the diverse
regions of livestock production.

Respectfully,

Stacy Carlsen, Marin County Agricultural Commissioner

Anita T. Sauber, Marin County Agricultural Inspector

Jeffrey Stiles, Marin County Agricultural Inspector