UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

BEFORE THE ADMINISTRATOR 

Inre: 

Tad Ellinghuysen, 

2 Creeks Farm 

Peterson, Minnesota 

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Administrator's Decision 

APL-019-17 

This Decision responds to an appeal (APL-019-17) of a Notice of Proposed Suspension 

issued by the Midwest Organic Services Association (MOSA) to Tad Ellinghuysen, doing 

business as 2 Creeks Farm (Ellinghuysen). The operation has been deemed not in compliance 

with the Organic Foods Production Act of 1990 (Act) 1 and the U.S. Department of Agriculture 

(USDA) organic regulations.2 

BACKGROUND 

The Act authorizes the Secretary to accredit agents to certify crop, livestock, wild crop, 

and/or handling operations to the USDA organic regulations (7 CFR. Part 205). Certifying 

agents also initiate compliance actions to enforce program requirements, as described in section 

205.662, Noncompliance procedure for certified operations. Persons subject to the Act who 

believe they are adversely affected by a noncompliance decision of a ce1tifying agent may appeal 

snch decision to the USDA Agricultural Marketing Service (AMS) pursuant to § 205.680 

1 7 u.s.c. 6501-6522 2 7 CFR Part 205 

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Adverse Action Appeals Process -General, and§ 205.681, Appeals of the USDA organic 

regulations. 

FINDINGS OF FACT 

1. Midwest Organic Services Association (MOSA) is an accredited certifying agent 

under the USDA organic regulations. Tad Ellinghuysen, d/b/a 2 Creeks Farm 

(Ellinghuysen), of Peterson, Minnesota, is certified under the USDA organic regulations 

for crops and livestock. 

2. On March 4, 2015, MOSA issued a Notice of Proposed Suspension to Ellinghuysen for 

unresolved noncompliances related to the pastnre practice standard of the USDA 

organic regulations(§ 205.240). 

3. On November 9, 2015, the Administrator rendered a Decision denying the appeal filed 

by Ellinghuysen. Ellinghuysen subsequently requested a Hearing before an 

Administrative Law Judge; this proceeding is pending. 

4. On July 27, 2016, MOSA issued a Notice of Noncompliance to Ellinghuysen for 

continued noncompliances with the pastnre practice standard(§ 205.240), specifically 

for not providing a minimum of 30 percent of a ruminant's dry matter intake :from 

pasture. 

5. On October 27, 2016, MOSA inspected 2 Creeks Farm. The inspector repmted that 

Ellingshuysen was unable to provide the dry matter demand for the goats. 

6. On January 30, 2017, MOSA issued a Notice of Proposed Suspension to Ellinghuysen 

for the livestock portion of the operation. The Notice of Proposed Suspension stated 

that Ellinghuysen did not provide sufficient information to address the Notice of 

Noncompliance. 

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7. On Febrnary 7, 2017, Ellinghuysen submitted an appeal of the Janumy 30, 2017 

Notice of Proposed Suspension, which was accepted as timely. 

DISCUSSION 

Ellinghuysen's operation is certified for the production of organic slaughter stock goats, 

milkers for organic goat milk, feed stuffs (corn, soybeans) and pasture. MOSA proposed to 

suspend Ellinghuysen' s organic certification for the livestock portion of the operation. The effect 

of suspension would prohibit all sale, labeling or representation of its livestock and livestock 

products as organic. 

This is the second proposed suspension that MOSA has issued to Ellinghuysen for 

noncompliance related to the livestock feed requirements for mminants (§ 205.237). These 

require that during the grazing season, producers provide ruminants a maximum of 70 percent of 

dry matter demand, on average, from dry matter fed; at least 30 percent of the dry matter intake 

must come from grazing. Further, the producer must describe the percentage of each feed type, 

including pasture, in the total ration and the method for calculating dry matter demand and dry 

matter intake. 

MOSA's Notice of Proposed Suspension stated that Ellinghuysen provided the quantity 

of feed fed and the approximate quantity consumed, but not the dry matter demand for the 

animals. MOSA concluded that without the ch'y matter demand stated, calculations to show that 

goats are consuming 30 percent of dry matter demand from pasture during the grazing season 

cannot be completed. 

MOSA also noted that during the October 27, 2016 inspection, Ellinghuysen explained to 

the inspector that DMD values in literature or in MOSA reference charts are not applicable to his 

herd of extremely high-yielding dairy animals and that he has worked hard to dete1mine an 

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accurate d1y matter demand, but has been unsuccessful. The inspector observed that pastures 

were in good condition, but could not affom that they would provide 30 percent dry matter 

intake for the herd. 

CONCLUSION 

The USDA organic regulations have clear livestock feed and grazing requirements for all 

ruminants. Demonstrating compliance with the 30 percent dry matter intalce requirement is 

recognized to be more challenging for goat operations than bovine ruminant operations. 

However, there are a number of certified organic operations raising goats in compliance with the 

USDA organic regulations. 

The record in this case supports MOSA's findings of noncompliance and justification for 

a proposed suspension. Ellinghuysen did not rebut MOSA's findings, nor did the appeal indicate 

that MOSA acted inappropriately or contrary to USDA organic regulations, policies or 

procedures. 

DECISION 

The appeal is denied and MOSA's Notice of Proposed Suspension is upheld. Tad 

Ellinghuysen's organic livestock certification is to be suspended. The crop certification remains 

valid. 

Attached to this formal Administrator's Decision denying Ellinghuysen's appeal is a 

Request for Hearing form. Ellinghuysen has thirty (30) days to request an administrative hearing 

before an Administrative Law Judge. 

If Ellinghuysen waives the hearing, the Agricultural Marketing Service will direct MOSA 

to issue a Notice of Suspension. At any time during suspension, the operation may," ... submit a 

request to the Secretary for reinstatement of its ce1iification. The request must be accompanied 

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by evidence demonstrating correction of each noncompliance and coJTective actions taken to . 

comply with and remain in compliance with the Act and the regulations in this part." 

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Done at Washington, D.C., on this j_J______ 

day of 5¢r ~/h.....-- , 2017. 

e,_L. 

Brnce Summers 

Acting Administrator 

Agricultural Marketing Service 

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