1 

Expired Temporary Variances

Temporary variances from the production and handling requirements of the USDA organic regulations may be granted by the Administrator for natural 

disasters declared by the Secretary, damage caused by severe weather, or other business interruption, or for the purpose of conducting research in organic 

production or handling. Procedures for requesting temporary variances are described in NOP 2606: Processing Requests for Temporary Variances. 7 CFR 

Section 205.290 provides the full regulatory text regarding temporary variances.

The list of temporary variances that were previously approved or denied is listed below. For a list of temporary variances currently in effect, please visit 

http://www.ams.usda.gov/rules-regulations/organic. 

Allowed Temporary Variances (Expired)

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Mensonides LLC Enumclaw, 

Washington 8/18/2022 8/18/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on excessive moisture and 

restricted to the following:

• Applies only to organic livestock producer, 

Mensonides LLC, in Enumclaw, Washington. 

• Milk cows must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2022 grazing season.

• All other classes of ruminants must be grazed on 

pasture throughout the grazing season for no less 

than 120 days during the 2022 grazing season. 

• Ruminants must be provided with at least 30 

percent average dry matter intake from 

pasture, or no more than 70 percent average of 

the ruminant’s dry matter demand from dry 

matter fed, during the 2022 grazing season.
2 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Highland Dairy Dietrich, 

Idaho 8/1/2022 8/1/2022 2022 grazing season only

Idaho State 

Department 

of Agriculture

(ISDA)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Highland 

Dairy located in Dietrich, Idaho.

• Milk cows and dry cows must be provided with at 

least 30 percent average dry matter intake from 

pasture, or no more than 70 percent average of the 

ruminant's dry matter demand from dry matter 

fed, during the 2022 grazing season.

• Milk cows and dry cows must be grazed on 

pasture throughout the grazing season for no 

less than 90 days during the 2022 grazing 

season.

C&C Cattle Co. 

LLC

Brush, 

Colorado 7/25/2022 7/25/2022 2022 grazing season only

Colorado 

Department 

of Agriculture 

(CDA) 

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer C&C 

Cattle Co. LLC in Brush, Colorado.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• All ruminants must be grazed on pasture 

throughout the grazing season for no less than 

70 days during the 2022 grazing season.
3 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Lone Star Dairy, 

LLC

La Jara, 

Colorado 7/8/2022 7/8/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Lone Star 

Dairy, LLC in La Jara, Colorado.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

80 days during the 2022 grazing season.

Eagle View 

Dairy

Cassia 

County, 

Idaho

6/30/2022 6/30/2022 2022 grazing 

season only

Where Food 

Comes From 

Organic

(WFCFO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Eagle 

View Dairy, in Cassia County, Idaho.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.
4 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Double Eagle 

Dairy

Cassia 

County, 

Idaho

6/30/2022 6/30/2022 2022 grazing 

season only

Where Food 

Comes From 

Organic

(WFCFO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Double 

Eagle Dairy, in Cassia County, Idaho.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.

Aurora Organic 

Farms - Pepper

Dublin, 

Texas 6/21/2022 6/21/2022 2022 grazing season only

Quality 

Assurance 

International 

(QAI) and 

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Aurora 

Organic Farms - Pepper in Dublin, Texas.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.
5 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Aurora Organic 

Farms - 

Coldwater

Stratford, 

Texas 6/21/2022 6/21/2022 2022 grazing season only

Quality 

Assurance 

International 

(QAI) and 

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer Aurora 

Organic Farms - Coldwater in Stratford, Texas.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.

Aurora Organic 

Farms - High 

Plains

Gill, 

Colorado 6/21/2022 6/21/2022 2022 grazing season only

Colorado 

Department 

of Agriculture 

(CDA) and 

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producers Aurora 

Organic Farms - High Plains in Gill, Colorado.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.
6 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Aurora Organic 

Farms - 

Platteville

Platteville, 

Colorado 6/21/2022 6/21/2022 2022 grazing season only

Colorado 

Department 

of Agriculture 

(CDA) and 

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer Aurora 

Organic Farms - Platteville in Platteville, Colorado.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant's 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.

Magic Valley 

Organic Dairy 

LLC

Gooding 

County, 

Idaho

6/14/2022 6/14/2022 2022 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Magic 

Valley Organic Dairy LLC, in Gooding County, Idaho.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

100 days during the 2022 grazing season.
7 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Turner Dairy, 

Inc.

Gooding 

County, 

Idaho

6/14/2022 6/14/2022 2022 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Turner 

Dairy Inc, in Gooding County, Idaho.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

100 days during the 2022 grazing season.

Poland Organic 

Dairy LLC

Madras, 

Oregon 6/14/2022 6/14/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Poland 

Organic Dairy LLC, in Madras, Oregon.

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, or 

no more than 70 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

100 days during the 2022 grazing season.
8 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Harmony 

Organic Dairy, 

LLC

Jerome and 

Twin Falls, 

Idaho

6/14/2022 6/14/2022 2022 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, 

Harmony Organic Dairy, LLC, in Jerome and Twin 

Falls, Idaho.

• Six to fifteen-month-old heifers must be provided 

with at least 20 percent average dry matter intake 

from pasture, or no more than 80 percent average 

of the ruminant’s dry matter demand from dry 

matter fed, during the 2022 grazing season.

• All other classes of ruminants must be provided 

with at least 30 percent average dry matter intake 

from pasture, or no more than 70 percent average 

of the ruminant’s dry matter demand from dry 

matter fed, during the 2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

80 days during the 2022 grazing season.

Sunrise Organic 

Dairy, LLC Paul, Idaho 6/14/2022 6/14/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Sunrise 

Organic Dairy, LLC, in Paul, Idaho.

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, or 

no more than 70 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

80 days during the 2022 grazing season.
9 

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

DeBernardi

Dairy, Inc.

Petaluma, 

California 4/26/2022 4/26/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, 

DeBernardi Dairy, Inc., in Petaluma, California.

• Ruminants must be provided with at least 25 

percent average dry matter intake from pasture, or 

no more than 75 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

120 days during the 2022 grazing season.

Gillian’s Dairy Petaluma, 

California 4/12/2022 4/12/2022 2022 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Gillian’s 

Dairy, in Petaluma, California.

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, or 

no more than 70 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2022 grazing season.

• Lactating cows must be grazed on pasture 

throughout the grazing season for no less than 

90 days during the 2022 grazing season.
10

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Certified organic 

ruminant 

livestock 

producers in 

various counties 

in Idaho

Counties in 

Idaho 

declared as 

primary or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2021 

9/2/2021 9/2/2021 2021 grazing 

season only

Those that 

certify 

operations in 

counties in 

Idaho 

designated as 

primary or 

contiguous 

drought 

disaster areas

by Secretary 

Vilsack.

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is in effect for the 2021 grazing season, 

based on drought and restricted to the following:

• Applies only to organic ruminant livestock producers 

located in Idaho who have not been granted a 

temporary variance for the 2021 grazing season. 

• All ruminants and classes of animals must be 

provided with at least 20 percent average dry matter 

intake from pasture, or no more than 80 percent 

average of the ruminant’s dry matter demand from 

dry matter fed, during the 2021 grazing season. 

• All ruminants and classes of animals must be grazed 

on pasture throughout the grazing season for no less 

than 80 days during the 2021 grazing season.

Sandy Plains 

Farm LLC

Stearns 

County, 

Minnesota

8/31/2021 8/31/2021 2021 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Sandy 

Plains Farm LLC in Stearns County, Minnesota. 

• Steers must be provided with at least 30 percent 

average dry matter intake from pasture, or no more 

than 70 percent average of the ruminant’s dry 

matter demand from dry matter fed, during the 2021 

grazing season.

• Steers must be grazed on pasture throughout the 

grazing season for no less than 50 days during the 

2021 grazing season.
11

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Highland Dairy

Lincoln 

County, 

Idaho

8/10/2021 8/10/2021 2021 grazing 

season only

Idaho State 

Department 

of Agriculture 

(ISDA)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Highland 

Dairy in Lincoln County, Idaho. 

• Milk cows and dry cows must be provided with at 

least 30 percent average dry matter intake from 

pasture, or no more than 70 percent average of the 

ruminant’s dry matter demand from dry matter fed, 

during the 2021 grazing season.

• Milk cows and dry cows must be grazed on pasture 

throughout the grazing season for no less than 80 

days during the 2021 grazing season.

Double Eagle 

Dairy

Cassia 

County, 

Idaho

7/26/2021 7/26/2021 2021 grazing 

season only

Where Food 

Comes From 

Organic 

(WFCFO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Double 

Eagle Dairy in Cassia County, Idaho. 

• Ruminants must be provided with at least 20 percent 

average dry matter intake from pasture, or no more 

than 80 percent average of the ruminant’s dry 

matter demand from dry matter fed, during the 2021 

grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2021 grazing season.
12

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Eagle View 

Dairy

Cassia 

County, 

Idaho

7/26/2021 7/26/2021 2021 grazing 

season only

Where Food 

Comes From 

Organic 

(WFCFO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Eagle 

View Dairy in Cassia County, Idaho. 

• Ruminants must be provided with at least 20 percent 

average dry matter intake from pasture, or no more 

than 80 percent average of the ruminant’s dry 

matter demand from dry matter fed, during the 2021 

grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2021 grazing season.

Magic Valley 

Organic Dairy 

LLC

Gooding 

County, 

Idaho

6/29/2021 6/29/2021 2021 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Magic 

Valley Organic Dairy LLC in Gooding County, Idaho. 

• Ruminants must be provided with at least 20 percent 

average dry matter intake from pasture, or no more 

than 80 percent average of the ruminant’s dry 

matter demand from dry matter fed, during the 2021 

grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 100 days during 

the 2021 grazing season.
13

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Turner Dairy, 

Inc.

Gooding 

County, 

Idaho

6/29/2021 6/29/2021 2021 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on drought and restricted to the 

following:

• Applies only to organic livestock producer, Turner 

Dairy, Inc. in Gooding County, Idaho. 

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

no more than 80 percent average of the ruminant’s 

dry matter demand from dry matter fed, during the 

2021 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 100 days during 

the 2021 grazing season.

Certified 

Organic 

Ruminant 

Livestock 

Producers in 

California and 

Oregon

Counties in 

California 

and Oregon 

designated 

as primary 

or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2021

6/21/2021 6/21/2021 2021 grazing 

season only

Those that 

certify 

operations in 

counties in 

California and 

Oregon 

designated as 

primary or 

contiguous 

drought 

disaster areas 

by Secretary 

Vilsack

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to certified organic ruminant livestock 

producers located in counties in California and 

Oregon designated as primary or contiguous natural 

disaster areas by Secretary Vilsack. The list of 

declared State counties is available on USDA’s 

website for Disaster Designation Information. 

• All ruminants and classes of animals must be 

provided with at least 20 percent average dry matter 

intake from pasture, or no more than 80 percent 

average of the ruminant’s dry matter demand from 

dry matter fed, during the 2021 grazing season.

• All ruminants and classes of animals must be grazed 

on pasture throughout the grazing season for no less 

than 90 days during the 2021 grazing season.
14

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Gillian’s Dairy Petaluma, 

California 4/19/2021 4/19/2021 2021 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Gillian’s 

Dairy, in Petaluma, California.

• Ruminants must be provided with at least 30 percent 

average dry matter intake from pasture, or no more 

than 70 percent average of the ruminant’s dry 

matter demand from dry matter fed, during the 2021 

grazing season.

• Lactating cows must be grazed on pasture 

throughout the grazing season for no less than 75 

days during the 2021 grazing season.

Blake’s Landing 

Farm

Marshall, 

California 3/24/2021 1/1/2021 12/31/2021

Marin 

Organic 

Certified 

Agriculture 

(MOCA)

The temporary variance from §205.237(a) is for research 

purposes and restricted to the following:

• Applies to the organic livestock producer, Blake’s 

Landing Farm, located in Marshall, California.

• No more than 45 of the operation’s certified organic 

cows.

• The operation may feed its certified organic cows 

non-organic Asparagopis taxiformis for a period that 

must not exceed 60 days.
15

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Certified organic 

ruminant 

livestock 

producers in 

various counties 

in Maine

Maine 11/9/2020 11/9/2020 2020 grazing 

season only

MOFGA 

Certification 

Services, LLC

(MCS)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is due to drought conditions and restricted 

to the following:

• Applies only to certified organic ruminant livestock 

producers in the following counties of Maine: 

Androscoggin, Aroostook, Cumberland, Franklin, 

Hancock, Kennebec, Knox, Lincoln, Oxford, 

Penobscot, Piscataquis, Sagadahoc, Somerset, 

Waldo, Washington, and York.

• Applies to non-irrigated pastures only.

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, 

or no more than 70 percent average of the 

ruminant’s dry matter demand from dry matter 

fed, during the 2020 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2020 grazing season.
16

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Certified organic 

ruminant 

livestock 

producers in 

various counties 

in New 

Hampshire

New 

Hampshire 11/9/2020 11/9/2020 2020 grazing season only

New 

Hampshire 

Department 

of Agriculture, 

Markets and 

Food 

(NHDAMF)

The temporary variance from §205.237(c) is due to drought 

conditions and restricted to the following:

• Applies only to certified organic ruminant livestock 

producers in the following counties of New

Hampshire: Belknap, Carroll, Cheshire, Coos, 

Grafton, Hillsborough, Merrimack, Rockingham, 

Strafford, and Sullivan.

• Ruminants must be provided with at least 15 

percent average dry matter intake from pasture, 

or no more than 85 percent average of the 

ruminant’s dry matter demand from dry matter 

fed, during the 2020 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2020 grazing season.

Mikita Dairy

Calhan, El 

Paso 

County, 

Colorado

8/4/2020 8/4/2020 2020 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is due to drought conditions and restricted 

to the following:

• Applies only to organic livestock producer, Mikita 

Dairy, in El Paso County, Colorado. 

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, 

or no more than 70 percent average of the 

ruminant’s dry matter demand from dry matter 

fed during the 2020 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 65 days during 

the 2020 grazing season.
17

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Prosper Farms 

Investments, 

LLC

Washington 

County, 

Colorado,

with grazing 

sites in 

Kiowa and 

Lincoln 

Counties

7/22/2020 7/22/2020 2020 grazing 

season only

CCOF 

Certification 

Services, LLC 

(CCOF)

The temporary variance from §205.237(c) and §205.240(b) 

is due to drought conditions and restricted to the following:

• Applies only to organic livestock producer, Prosper 

Farms Investments LLC, in Washington County, 

Colorado, with grazing sites also located in Kiowa 

and Lincoln Counties.

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture,

or no more than 80 percent average of the 

ruminant’s dry matter demand from dry matter

fed, during the 2020 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2020 grazing season.

Gillian’s Dairy Petaluma, 

California 6/1/2020 6/1/2020 2020 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c)(1) and 

§205.239(a)(2) is based on severe drought and restricted to 

the following:

• Applies only to organic livestock producer, Gillian’s 

Dairy, in Petaluma, California. 

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, 

or no more than 70 percent average of the 

ruminant’s dry matter demand from dry matter 

feed, during the 2020 grazing season. 

• Lactating cows must be grazed on pasture 

throughout the grazing season for no less than 100 

days during the 2020 grazing season.
18

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Blake’s Landing 

Farm

Marshall, 

California 1/16/2020 1/16/2020 12/31/2020

Marin 

Organic 

Certified 

Agriculture 

(MOCA)

The temporary variance from §205.237(a) is for research 

purposes and restricted to the following:

• Applies only to the organic livestock producer, 

Blake’s Landing Farm, in Marshall, California. 

• No more than 45 of the operation’s certified 

organic cows. 

• The operation may feed its certified organic cows 

non-organic Asparagopis taxiformis for a period 

that must not exceed 60 days.

Echo Dell 

Organic Farm Kalona, Iowa 9/23/2019 9/23/2019 2019 grazing season only

Oregon Tilth 

Certified 

Organic 

(OTCO)

The temporary variance from §205.237(c) and §205.240(b) 

is restricted to the following:

• Applies only to organic livestock producer, Echo 

Dell Organic Farm, in Kalona, Iowa.

• Ruminants must be provided with at least 30 

percent average dry matter intake from pasture, 

or no more than 70 percent average of the 

ruminant's dry matter demand from dry matter 

fed, during the 2019 grazing season.

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 90 days during 

the 2019 grazing season.

Cottonwood 

Cattle Company

Dalhart, 

Texas 5/20/2019 6/1/2019 9/30/2019

Quality 

Certification 

Services

Temporary variance from § 205.237(c) and § 205.240(b), 

restricted to:

• Applies only to the 2019 grazing season

• Applies only to Cottonwood Cattle Company’s 

operations in Dallam and Dalhart counties in 

Texas.
19

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Ohio State 

University’s 

Organic Food 

and Farming 

Education and 

Research 

(OFFER)

2 Sites: 

Wooster, 

OH 

and

Bowling 

Green, OH 

07/25/2016 07/25/2016 09/30/2019

Ohio 

Ecological 

Food and 

Farm 

Association 

(OEFFA)

The temporary variance from § 205.203(d)(1) is for 

research purposes and restricted to:

• The use of micronutrients on the National List of 

allowed synthetic substances at §205.601(j)(6) 

without documentation of deficiencies from soil 

testing.

• The variance will only cover OARDC OFFER 

fields EB701 and WB1101; and Hirzel Site fields 

SP1, SP2, and SP3.

Mikita Dairy Calhan, CO 07/30/2018 07/30/2018 2018 grazing 

season only

Oregon Tilth 

Certified 

Organic 

(OTCO) 

The temporary variance from §§205.237(c) and 205.240(b)

is restricted to: 

1. Applies only to organic livestock producer, Mikita 

Dairy, in Calhan, Colorado.

2. Ruminants must be provided with at least 10 

percent average dry matter intake from pasture, 

or no more than 90 percent average of the 

ruminant's dry matter demand from dry matter 

fed, during the 2018 grazing season.

3. Ruminants must be grazed on pasture throughout 

the grazing season for no less than 60 days during 

the 2018 grazing season.
20

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Corsentino 

Dairy

Walsenburg, 

CO 07/30/2018 05/01/2018 09/01/2018 Ecocert ICO (ECO ICO)

The temporary variance from §205.237(c) is restricted to:

1. Applies only to the organic livestock producer

Corsentino Dairy in Walsenburg, Colorado.

2. Ruminants must be provided with at least 10 

percent average dry matter intake from pasture, 

or no more than a 90 percent average of the 

ruminant's dry matter demand from dry matter 

fed, during the time period of the temporary 

variance.

Certified 

Organic 

Ruminant 

Livestock 

Producers in 

Colorado

Counties in 

Colorado 

declared as 

primary or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Perdue in 

calendar 

year 2018 

07/10/2018 07/10/2018 2018 grazing 

season only

CCOF 

Certification 

Services, LLC 

(CCOF)

The temporary variance from §§205.237(c) and 205.240 is 

restricted to:

1. Certified organic ruminant livestock producers 

located in the following counties in Colorado: 

Alamosa, Cheyenne, Gunnison, Kiowa, Lincoln, 

Montrose, Rio Grande, Saguache, Kit Carson, and 

Washington.

2. Producers must provide ruminants with at least 20 

percent average dry matter intake from pasture, 

or no more than an 80 percent average of the 

ruminants' dry matter demand from dry matter 

fed, during the 2018 grazing season.

3. Ruminants must be grazed on pasture for no less 

than 90 days during the 2018 grazing season.
21

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Hearty Roots 

Community 

Farms Ltd.

Germantow

n, NY 06/04/2018 06/04/2018 

2018 

growing 

season only

NOFA-NY 

Certified 

Organic, LLC

(NOFANY)

The temporary variance from the requirements in 

§205.204(a)(3) of the USDA organic regulations has the 

following restrictions: 

1. Applies to the organic producer, Hearty Roots 

Community Farms Ltd., in Germantown, NY.

2. Hearty Roots Community Farms Ltd. may plant 

non-organic, untreated, non-GMO bare root leek 

and onion seedlings for the 2018 leek and onion 

crop.

Minnesota Food 

Association (Big 

River Farms)

Marine on 

St. Croix, 

MN

08/10/2017 08/10/2017

2017

growing 

season only

Minnesota 

Crop 

Improvement 

Association

(MCIA)

The temporary variance from the requirements in 

§205.204(a)(1) of the USDA organic regulations has the 

following restrictions: 

1. Applies to the organic producer, Minnesota Food 

Association (Big River Farms), in Marine on St. 

Croix, MN. 

2. Minnesota Food Association may plant nonorganic tomato seedlings from untreated seeds for 

2017 tomato crop.

Mhonpaj's 

Garden

Marine on 

St. Croix, 

MN

08/4/2017 08/4/2017

2017

growing 

season only

Minnesota 

Crop 

Improvement 

Association

(MCIA)

The temporary variance from the requirements in 

§205.204(a)(1) of the USDA organic regulations has the 

following restrictions: 

1. Applies to the organic producer, Mhonpaj's 

Garden, in Marine on St. Croix, MN. 

2. Mhonpaj's Garden may plant nonorganic seedlings 

from untreated seeds for the 2017 crop.
22

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

NATURA Agrar

Märkisch 

Luch 

municipality

, in the 

Havelland 

district, in 

Brandenbur

g, Germany

07/5/2017 03/1/2017 05/31/2017 EcoCert S.A.

The temporary variance from the organic feed 

requirements in §205.237(a) of the USDA organic 

regulations has the following restrictions: 

1. Applies to the organic ruminant livestock 

producer, NATURA Agrar, in the municipality of 

Märkisch Luch, in the Havelland district, in 

Brandenburg, Germany. 

2. Ruminants may receive European Union (EU) 

certified organic feed (lupines) between March 1, 

2017 – May 31, 2017.

Certified organic 

ruminant 

livestock 

producers in 

Maine.

Counties in 

Maine 

declared as 

primary or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2016

10/25/2016 10/25/2016 2016 grazing 

season

MOFGA 

Certification 

Services, LLC

The temporary variance is from the organic pasture 

requirements § 205.237(c) and §205.240 of the USDA 

organic regulations with the following restrictions:

1. Applies to organic ruminant livestock producers in 

Maine counties (Kennebec, Lincoln, Franklin, 

Somerset, and Waldo Kennebec, Lincoln, Franklin, 

Somerset, and Waldo) declared as primary or 

contiguous drought disaster areas by Secretary 

Vilsack in calendar year 2016.

2. Applies to non-irrigated pasture only.

3. Ruminants must graze on organic pasture for at 

least 90 days instead of 120 days during the 

grazing season.

4. Ruminants must obtain, on average, at least 15 

percent of their dry matter intake (DMI) from 

pasture during the grazing season.
23

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Certified organic 

ruminant 

livestock 

producers in 

Connecticut and 

Massachusetts. 

Counties in 

Connecticut 

and 

Massachuse

tts declared 

as primary 

or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2016

9/30/2016 9/30/2016 2016 grazing 

season

The temporary variance applies to the organic pasture 

requirements § 205.237(c) with the following restrictions:

1. Applies to organic ruminant livestock producers in 

Litchfield County, Connecticut and Massachusetts 

counties (Franklin, Worcester, Dukes, Berkshire, 

Bristol, and Middlesex) declared as primary or 

contiguous drought disaster areas by Secretary 

Vilsack in calendar year 2016.

2. Applies to non-irrigated pasture only.

3. Ruminants must graze on organic pasture in 

Connecticut for at least 100 days instead of 120 

days during the grazing season.

4. Ruminants must graze on organic pasture in 

Massachusetts for at least 60 days instead of 120 

days during the grazing season.

Certified organic 

ruminant 

livestock 

producers in 

Maine.

Counties in 

Maine 

declared as 

primary or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2016

9/30/2016 9/30/2016 2016 grazing 

season

MOFGA 

Certification 

Services, LLC

The temporary variance is from the organic pasture 

requirements § 205.237(c) and §205.240 of the USDA 

organic regulations with the following restrictions:

1. Applies to organic ruminant livestock producers in 

Maine counties (York, Cumberland, and Oxford) 

declared as primary or contiguous drought disaster 

areas by Secretary Vilsack in calendar year 2016.

2. Applies to non-irrigated pasture only.

3. Ruminants must graze on organic pasture for at 

least 90 days instead of 120 days during the 

grazing season.

4. Ruminants must obtain, on average, at least 15 

percent of their dry matter intake (DMI) from 

pasture during the grazing season.
24

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Certified organic 

ruminant 

livestock 

producers in 

New York and 

Pennsylvania.

Counties in 

New York 

and 

Pennsylvani

a declared 

as primary 

or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2016

9/30/2016 9/30/2016 2016 grazing 

season

NOFA-NY 

Certified 

Organic, LLC

The temporary variance applies to the organic pasture 

requirements § 205.237(c) with the following restrictions:

1. Applies to organic ruminant livestock producers in 

New York counties (Allegany, Cattaraugus, Cayuga, 

Chemung, Cortland, Erie, Genesee, Livingston, 

Monroe, Niagara, Onondaga, Ontario, Orleans, 

Schuyler, Seneca, Steuben, Tioga, Tompkins, 

Wyoming, Yates, Broome, Chautauqua, Chenango, 

Madison, Oswego, and Wayne) and Pennsylvania 

counties (Bradford, Potter, Susquehanna, and 

Tioga) declared as primary or contiguous drought 

disaster areas by Secretary Vilsack in calendar year 

2016.

2. Applies to non-irrigated pasture only.

3. Ruminants must graze on organic pasture for at 

least 90 days instead of 120 days during the 

grazing season.

4. Ruminants must obtain, on average, at least 15 

percent of their dry matter intake (DMI) from 

pasture during the grazing season.

Certified organic 

ruminant 

livestock 

producers in 

New Hampshire

Counties in 

New 

Hampshire 

declared as 

primary or 

contiguous 

drought 

disaster 

areas by 

Secretary 

Vilsack in 

calendar 

year 2016

09/23/16 09/23/16 2016 grazing 

season

New 

Hampshire 

Department 

of 

Agriculture, 

Markets and 

Food

The temporary variance applies to the organic pasture 

requirements § 205.237(c) with the following restrictions:

1. Applies to organic ruminant livestock producers in 

counties declared as primary or contiguous drought 

disaster areas by Secretary Vilsack in calendar year 

2016.

2. Applies to non-irrigated pasture only.

3. Ruminants must graze on organic pasture for 90 

days instead of 120 days during the grazing season.

4. Ruminants must obtain, on average, 15 percent of 

their dry matter intake (DMI) during the grazing 

season.
25

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Osceola Jerseys Enumclaw, 

Washington

11/13/2015 4/10/2015 11/13/2015 Oregon Tilth Temporary variance is granted from §205.237(c) and 

§205.239(a)(2) with the following restrictions: (1) This 

temporary variance applies only to the Osceola Jerseys 

operation in Enumclaw, WA. (2) Osceola Jerseys must 

provide a minimum of 27% dry matter intake (DMI) for 

their milking cows and 114 days minimum on pasture. (3) 

Osceola Jerseys must provide a minimum of 28% DMI for 

their 6-8- month heifers and 89 days minimum on pasture. 

This temporary variance applies to the 2015 grazing season.

Harmony 

Organic Dairy

Twin Falls, 

ID

6/10/2015 6/1/2015 9/30/2015 Requested 

by: Idaho 

State 

Department 

of Agriculture 

(ISDA)

Temporary variance is granted from §§205.237(c) with the 

following restrictions: (1) this temporary variance applies 

only to the Harmony Organic Dairy operation in Twin Falls, 

ID. (2) The established 2015 grazing season for Harmony 

Organic Dairy is May through October. This temporary 

variance applies from June 1, 2015 through September 30, 

2015. (3) Harmony Organic Dairy does not have to provide 

grazing from pasture to its organic milking cows during the 

time period of the temporary variance. (4) Harmony 

Organic Dairy must provide 60 days of grazing from pasture 

to its heifers and dry cows to fulfill 15% average Dry Matter 

Intake (DMI) during the time period of the temporary 

variance.

Double Eagle 

Dairy, Inc.

Twin Falls, 

ID

6/10/2015 6/1/2015 8/31/2015 Requested 

by: Idaho 

State 

Department 

of Agriculture 

(ISDA)

Temporary variance is granted from §205.237(c) with the 

following restrictions: (1) This temporary variance only 

applies to Double Eagle Dairy Inc. located in Twin Falls 

County and Cassia County, Idaho. (2) The established 2015 

grazing season for Double Eagle Dairy Inc. is May through 

August. This temporary variance applies from June 1, 2015 

through August 31, 2015. (3) Double Eagle Dairy Inc. does 

not have to provide grazing from pasture to its organic 

milking cows and heifers during the time period of the 

temporary variance. (4) Double Eagle Dairy Inc. must 

provide 45 days of grazing from pasture to its dry class 

livestock to fulfill 10% average Dry Matter Intake (DMI) 

during the time period of the temporary variance.
26

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

McClure Dairy 

Inc.

Iverness, CA 6/10/2015 1/1/2015 6/30/2015 Marin 

Organic 

Certified 

Agriculture

Temporary variance is granted from §205.237(c) with the 

following restrictions: (1) This temporary variance applies 

only to the McClure Dairy Inc. operation in Inverness, 

CA. (2) The established 2015 grazing season for the 

McClure Dairy Inc. operation is January 1 – June 

30. McClure Dairy Inc. must supply to its organic milking 

cows at least 27% percent average dry matter intake from 

pasture during the 2015 grazing season. All other classes of 

cows over 6 months of age must be supplied with at least 

30 percent average dry matter intake from pasture during 

the 2015 grazing season.

Various in 

California 

California 2/12/2014 2/12/2014 2014 

calendar 

year

Requested 

by: Marin 

Organic 

Certified 

Agriculture; 

CCOF

Temporary variance is granted from §§205.237(c), 

205.240(b) and (c)(2) for the 2014 grazing season with the 

following restrictions: (1) applies only to organic ruminant 

livestock producers located in California counties 

designated as primary natural disaster areas by Secretary 

Thomas J. Vilsack in 2014 and consider February and March 

2014 as part of their grazing season. (2) Organic ruminant 

livestock producers, whose grazing season includes 

February and March 2014, are not required to graze or 

provide dry matter intake from pasture during this time 

period. Producers may reduce their 2014 grazing season by 

the number of days that correspond to this time period in 

their grazing plan. (3) This temporary variance applies to 

the 2014 calendar year only.
27

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Cottonwood 

Cattle Company

Texas

New Mexico

Colorado

5/16/2014 5/16/2014 2014 

calendar 

year

Requested 

by: Quality 

Certification 

Services 

(QCS)

Temporary variance is granted from §205.237(c) with the 

following restrictions: (1) applies only to Cottonwood 

Cattle Company, Inc., operations in Hartley, Dallam and 

Sherman Counties in Texas; Colfax, Harding and Union 

Counties in New Mexico; and Baca and Las Animas Counties 

in Colorado. (2) applies to non-irrigated pasture only. (3) 

applies for the first two months of Cottonwood’s 2014 

grazing season (June 1-July 31), a period of 61 days. During 

this time period Cottonwood does not have to provide 

grazing from pasture to its organic ruminant livestock. (4) 

Cottonwood must manage its ruminants on pasture during 

the last two months of the grazing season (August and 

September 2014). During that time period all ruminant 

livestock must be provided an average of not less than 30 

percent of their dry matter intake from pasture. If pasture 

is available for grazing after September 30, then all 

Cottonwood organic ruminant livestock must graze an 

average of not less than 30 percent of their dry matter 

intake from pasture during that time period. 

Aurora Organic 

Farms – High 

Plains

Gill, 

Colorado

6/19/2014 5/1/2014 7/31/2014 Requested 

by: Colorado 

Department 

of 

Agriculture 

(CDA)

Temporary variance is granted from §§205.237(c) and 

205.240 with the following restrictions: (1) this temporary 

variance applies only to the Aurora Organic Farms – High 

Plains operation in Gill, Colorado. (2) the established 2014 

grazing season for the Aurora Organic Farms – High Plains 

operation is May 1 – September 30. This temporary 

variance applies from May 1 – July 31. During this time 

period, Aurora Organic Farms – High Plains does not have 

to provide grazing from pasture to its organic ruminant 

livestock. 
28

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Ohio State 

University’s

Ecological Food 

and Farming 

Association 

Education and 

Research 

Program

Wooster, 

Ohio

6/23/2014 6/23/2014 End of 

specified 

research 

project

Requested 

by: Ohio 

Ecological 

Food and 

Farming 

Association

Temporary variance is granted from §205.205 for the 

cucurbit disease management research project. Ohio State 

University’s Organic Food & Farming Education & Research 

Program is not required to comply with crop rotation 

regulations in §205.205 for the life of this specific research 

project. 

Nature’s Way 

Management

Portales, 

New Mexico

11/6/2013 11/6/2013 2013 

grazing 

season 

Due to ongoing severe drought conditions, ruminants must 

graze an average of no less than 10 percent of their dry 

matter intake from pasture during the 2013 grazing season, 

which must be at least 68 days. Farm must meet all other 

organic pasture requirements.

Corsentino 

Dairy

Walsenburg, 

Colorado

9/24/2013 9/24/2013 2013 

grazing 

season 

EcoCert ICO Due to ongoing severe drought conditions, ruminants must 

graze an average of no less than 10 percent of their dry 

matter intake from pasture during the 2013 grazing season. 

Farm must meet all other organic pasture requirements 

(sections 205.237(c) and 205.240) of the USDA organic 

regulations, including grazing for at least 120 days in 2013. 

This variance only applies to: (1) Corsentino Dairy and 

(2) Non-irrigated pasture.

Cottonwood 

Cattle Company

Various 8/21/2013 8/21/2013 2013 

grazing 

season 

Quality 

Certification 

Services

Due to ongoing severe drought conditions, ruminants must 

be managed on pasture for 0 instead of 120 days. Farm 

must meet all other organic pasture requirements (sections 

205.237(c) and 205.240) of the USDA organic regulations. 

This variance only applies to: (1) Cottonwood Cattle 

Company, Inc. operations in the specified counties and 

(2) Non-irrigated pasture.

Cottonwood 

Cattle Company

Various 7/23/2013 7/23/2013 2013 

grazing 

season 

Quality 

Certification 

Services

Due to ongoing severe drought conditions, ruminants must 

be managed on pasture for 30 instead of 120 days. Farm 

must meet all other organic pasture requirements (sections 

205.237(c) and 205.240) of the USDA organic regulations. 

This variance only applies to: (1) Cottonwood Cattle 

Company, Inc. operations in the specified counties and 

(2) Non-irrigated pasture.
29

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Cottonwood 

Cattle Company

Various 6/18/2013 6/18/2013 2013 

grazing 

season 

Quality 

Certification 

Services

Due to ongoing severe drought conditions, ruminants must 

be managed on pasture for 60 instead of 120 days. Farm 

must meet all other organic pasture requirements (sections 

205.237(c) and 205.240) of the USDA organic regulations. 

This variance only applies to: (1) Cottonwood Cattle 

Company, Inc. operations in the specified counties and 

(2) Non-irrigated pasture.

Various Various 6/7/2013 6/7/2013 2013 

growing 

season 

International 

Certification 

Services, Inc.

Due to damaged organic annual tobacco seedlings and 

unavailability of additional organic seedlings, specified 

operations may use non-organic burley and dark tobacco 

annual seedlings for the 2013 growing season only.

Cottonwood 

Cattle Company

Various 5/23/2013 5/23/2013 2013 

grazing 

season 

Quality 

Certification 

Services

Due to ongoing severe drought conditions, ruminants must 

be managed on pasture for 90 instead of 120 days. Farm 

must meet all other organic pasture requirements (sections 

205.237(c) and 205.240) of the USDA organic regulations. 

This variance only applies to: (1) Cottonwood Cattle 

Company, Inc. operations in the specified counties and 

(2) Non-irrigated pasture.

Various U.S. 

counties 

Secretary 

Vilsack has 

designated 

as primary 

or 

contiguous 

natural 

disaster 

areas in 

2012

11/2/2012 11/2/2012 2012 

grazing 

season 

Those that 

certify 

operations in 

counties 

Secretary 

Vilsack has 

designated 

primary or 

contiguous 

natural 

disaster 

areas.

USDA is granting a temporary variance from the organic 

pasture requirements (Sections 205.237(c) and 205.240) of 

the USDA organic regulations with the following 

restrictions: (1) Applies only to organic ruminant producers 

in counties declared as primary or contiguous natural 

disaster areas by Secretary Vilsack in calendar year 2012; 

(2) Applies to non-irrigated pasture only; (3) Instead of 30 

percent, producers must supply at least 15 percent of their 

dry matter intake (on average) from certified organic 

pasture; (4) Applies to the 2012 grazing season only.
30

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

New Mexico 

Department of 

Agriculture

New Mexico 11/2/2012 11/2/2012 2012 

grazing 

season 

New Mexico 

Department 

of 

Agriculture

After a prolonged severe drought, the pasture conditions in 

New Mexico have severely deteriorated, risking permanent 

soil damage. Resource conservation experts have 

recommended a shorter grazing season in order to protect 

soil quality and rangeland/pasture health. Especially when 

coupled with reduced access to irrigation water, USDA is 

granting a temporary variance from the organic pasture 

requirements (Sections 205.237(c) and 205.240) of the 

USDA organic regulations with the following restrictions: 

(1) Applies only to organic ruminant producers in the State 

of New Mexico; (2) Includes irrigated and non-irrigated 

pasture; (3) Instead of 120 days, ruminants must graze 

organic pasture at least 80 days during the grazing season; 

(4) Instead of 30 percent, ruminants must consume at least 

15 percent of their dry matter intake (on average) from 

certified organic pasture; (5) Applies to the 2012 grazing 

season only. 

Corsentino 

Dairy

Colorado 11/2/2012 11/2/2012 2012 

grazing 

season 

Indiana 

Certified 

Organic

Due to severe drought and lack of irrigation water, USDA is 

granting a temporary variance from section 205.237(c) of 

the USDA organic regulations with the following 

restrictions: (1) The producer, Corsentino Dairy, must 

supply at least 10 percent average dry matter intake from 

pasture, or no more than 90 percent average of a 

ruminant’s dry matter demand from dry matter fed; (2) This 

approval is applicable only to Corsentino Dairy in 

Walsenburg, Colorado.
31

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

Cottonwood 

Cattle Company

Texas 11/2/2012 11/2/2012 2012 

grazing 

season 

Quality 

Certification 

Services

Due to severe drought and additional documentation, USDA 

is granting a temporary variance from the organic pasture 

requirements (Sections 205.237(c) and 205.240) of the 

USDA organic regulations with the following restrictions: 

(1) This variance applies to the Cottonwood Cattle 

Company, Inc. only; (2) This variance applies to nonirrigated pasture only; (3) Cottonwood must supply at least 

15 percent dry matter average dry matter intake from 

pasture, or no more than 85 percent average of a 

ruminant’s dry matter demand from dry matter fed over 

the 2012 grazing season; (4) Cottonwood must manage its 

ruminants on pasture throughout a grazing season of not 

less than 60 days. 

Various U.S. 

counties 

Secretary 

Vilsack has 

designated 

natural 

disaster 

areas.

8/9/2012 8/9/2012 12/31/2012 Those that 

certify 

operations in 

counties 

Secretary 

Vilsack has 

designated 

natural 

disaster 

areas.

This initial drought-related temporary variance was 

replaced by this temporary variance effective November 2, 

2012.

Forrest Farms, 

Spear 7

Wyoming 6/29/2012 6/29/2012 2012 

grazing 

season 

Oregon Tilth 

Certified 

Organic

Temporary variance from § 205.237(c)(1), restricted to no 

more than an average of 85% of a ruminant’s dry matter 

demand from dry matter fed and to ruminant livestock 

operations in Wyoming. 
32

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

James 

Burkholder

Pennsylvani

a 

5/4/2012 5/4/2012 5/3/2013 Pennsylvania 

Certified 

Organic

Temporary variance from § 205.238(a)(5) for the fistulation 

of three cows for research purposes, with the following 

conditions: (1) Milk from the fistulated cows must not be 

sold, labeled, or represented as organic; (2) Offspring from 

the fistulated cattle must not be sold or represented as 

organic slaughter stock; (3) Offspring from the fistulated 

cattle shall be managed organically for one year before 

their milk may be sold, labeled, or represented as organic; 

(4) Any proposed modifications to the Organic System Plan 

shall be submitted to the accredited certifying agent for 

approval.

Schneider 

Farms

Minnesota 12/5/2011 12/5/2011 2011 

grazing 

season 

Minnesota 

Crop 

Improvement 

Association

Temporary variance allowed due to documented severe 

drought conditions.

Texas 

Department of 

Agriculture

Texas 11/8/2011 11/8/2011 12/31/2011 Texas 

Department 

of 

Agriculture

Temporary variance allowed due to documented severe 

drought conditions. The variance applies to the organic 

ruminant producers located in any of the 214 Texas 

counties designated as primary natural disaster areas on 

April 4 and June 24, 2011 by USDA Secretary Thomas J. 

Vilsack. Non-irrigated pasture only; producers having access 

to irrigated pasture are not included in the variance.

Cottonwood 

Cattle Company

Texas 11/3/2011 11/3/2011 12/31/2011 Quality 

Certification 

Services

Temporary variance allowed due to documented severe 

drought conditions. 

Texas 

Department of 

Agriculture

Texas Allowed 

10/14/2011

10/14/2011 12/31/2011 Texas 

Department 

of 

Agriculture

Temporary variance allowed due to documented severe 

drought conditions, for organic livestock producers in the 

following Texas counties: Bastrop, Lamb, and Travis. During 

the grazing season, producers having access to irrigated 

pasture may not provide more than an average of 85 

percent of a ruminant’s dry matter demand from dry 

matter fed. Dry matter fed does not include dry matter 

grazed from residual forage or vegetation rooted in pasture.
33

Company / 

Producer Location Date of AMS Decision Effective Date Expiration Certifying Agent Remarks

New Mexico 

Department of 

Agriculture

New Mexico Allowed 

10/14/2011

10/14/2011 12/31/2011 New Mexico 

Department 

of 

Agriculture

Temporary variance allowed due to documented severe 

drought conditions, for organic livestock producers in the 

following New Mexico counties: Catron; Cibola; Curry; De 

Baca; Roosevelt; San Miguel; and Socorro. During the 

grazing season, producers having access to irrigated pasture 

may not provide more than an average of 85 percent of a 

ruminant’s dry matter demand from dry matter fed. Dry 

matter fed does not include dry matter grazed from 

residual forage or vegetation rooted in pasture.

Indiana 

Certified 

Organic, LLC

Colorado Allowed 

8/5/2011

8/5/2011 2011 

grazing 

season 

Indiana 

Certified 

Organic, LLC

Temporary variance allowed due to documented severe 

drought conditions, for organic livestock producers in the 

following Colorado counties: Bent, Chaffee, Custer, 

Fremont, Huerfano, Kiowa, Las Animas, Prowers, and 

Pueblo. Non-irrigated pasture only; producers having 

access to irrigated pasture are not included in the variance.

Glaserne 

Meierie GmbH

Germany Allowed 

7/19/2011

7/19/2011 2011 

grazing 

season 

Institut fur 

Marktokologie

Only applies to Glaserne Meierie GmbH, certificate #27403-

NOP. Temporary variance allowed due to a documented 

business interruption. Construction of a road has 

temporarily impeded his herd’s access to half of the 

available pasture. A bridge is under construction that will 

allow cattle to access all pasture areas. 

New Mexico 

Organic 

Commodity 

Commission 

(NMOCC)

New Mexico Allowed 

6/10/2011

6/15/2011 9/15/2011 NMOCC Temporary variance allowed due to documented severe 

drought conditions, for organic livestock producers in the 

following New Mexico counties: Catron; Cibola; Curry; 

Grant; Mora; Roosevelt; San Miguel; and Socorro. Nonirrigated pasture only; producers having access to irrigated 

pasture are not included in the variance.

Vidalia 

Organics, Inc.

Georgia Allowed 

1/15/2010

1/15/2010 2010 

Planting 

Season

Quality 

Certification 

Services 

(QCS)

§ 205.204(a)(3) Seeds and planting stock practice standard. 

A Temporary Variance was granted to allow the use of nonorganically produced onion seedlings.
34

Denied Requests for Temporary Variances

 

Company / 

Producer Location Date of AMS Decision

Effective 

Date Expiration Certifying Agent Remarks

WDF, Inc.

(Steve 

Wagoner)

Delphi, IN 08/8/2017 N/A N/A Ohio Ecological 

Food and Farm 

Association 

(OEFFA)

Denied based on requirements in §205.237(a) and 

the published instruction NOP 2606, “Instruction – 

Temporary Variances.” A temporary variance may 

not be granted for feeding non-organic feed to 

organic livestock.

Landsverk Dairy Fosston, 

Minnesota 

4/3/2014 N/A N/A Quality 

Assurance 

International 

(QAI)

Denied because request was not timely.

John Bledsoe 

Organics

Blackstone, 

Virginia

5/6/2014 N/A N/A International 

Certification 

Services (ICS)

Denied because the reason for the variance does 

not fit any of the allowed reasons under which a 

temporary variance could be granted, and due to 

the use of a prohibited fungicide.

Richard Pool 

Organics

South Boston, 

Virginia

5/6/2014 N/A N/A International 

Certification 

Services (ICS)

Denied because the reason for the variance does 

not fit any of the allowed reasons under which a 

temporary variance could be granted, and due to 

the use of a prohibited fungicide. 

New Zealand 

Ministry for 

Primary 

Industries

Wellington, 

New Zealand

Denied 

5/9/2013

N/A N/A Multiple Requested Variance: reduce the transition period 

for dairy animals to three months. Since AMS 

concluded this variance would adversely affect 

organic integrity, this request is denied.

Cottonwood 

Cattle Company

Texas Denied 

8/13/2012

N/A N/A Quality 

Certification 

Services (QCS)

Due to severe drought, a request was made for a 

temporary variance from the organic pasture 

requirements. Since irrigation is available for use on 

the operation’s organic pasture, this request is 

denied.

Coulee Region 

Organic Produce 

Pool (CROPP)

Various Denied 

8/13/2012

N/A N/A Organic Tilth 

Certified 

Organic (OTCO)

Due to severe to moderate drought conditions, a 

request was made to allow organic animals to graze 

eligible land prior to its organic certification. Since 

temporary variances cannot be granted for on-site 

inspections (§ 205.403(a)(1)), this request is denied.
35

Company / 

Producer Location Date of AMS Decision

Effective 

Date Expiration Certifying Agent Remarks

Iowa 

Department of 

Agriculture & 

Land 

Stewardship

Des Moines, 

Iowa

Denied

7/14/2011

N/A N/A Iowa 

Department of 

Agriculture & 

Land 

Stewardship

A request was made to use injectable vitamin A to 

research efficacy in managing pinkeye in cattle. 

Although the research sounds valuable, vitamin A is 

only allowed for enrichment or fortification when 

approved by FDA. The request for temporary 

variance was denied per § 205.290(e).

Laurance 

Kriegel

Texas Denied 

7/11/2011

N/A N/A Texas 

Department of 

Agriculture

A request was made to use a product as an 

herbicide. Since the active ingredient for this 

product is not listed as an allowed synthetic for 

crop production, the request for temporary 

variance was denied per § 205.290(e).

California 

Certified 

Organic Farmers

California Denied 

6/30/2011

N/A N/A California 

Certified 

Organic 

Farmers

A request was made to conduct research on 

methane emissions from organic dairy cows using 

Sulfur hexafluoride tracing. Since this substance is 

not listed as an allowed synthetic for livestock 

production, the request for temporary variance was 

denied per § 205.290(e).

Crimson Clover 

Farm

New York Denied 

11/8/2010

N/A N/A Northeast 

Organic 

Farming 

Association of 

New York

A request was made to conduct production 

research with treated grain seeds. Since the 

treatment included substances not listed as allowed 

synthetic materials for crop production, the request 

for temporary variance was denied per § 

205.290(e). 

This table is based on information submitted to NOP since January, 2010 and is updated when AMS Administrator decisions are issued.