Current 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 are currently in effect or that were denied are shown below. For a list of expired temporary variances, please visit 

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

2023 Allowed Temporary Variances 

Company / 

Producer Location Date of AMS 

Decision Effective Date Expiration Certifying 

Agent Remarks 

Sunset Ridge 

Organic Dairy 

Vernon 

County, 

Wisconsin 

11/14/2023 11/14/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

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, Sunset 

Ridge Organic Dairy, located in Vernon County, 

Wisconsin. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 110 days during 

the 2023 grazing season. 

• 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 2023 grazing season. 

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Company / 

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

Marjon Dairy 

Farm 

Green County, 

Wisconsin 11/14/2023 11/14/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

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, Marjon 

Dairy Farm, located in Green County, Wisconsin 

• Heifers must be provided with at least 22 percent 

average dry matter intake from pasture, or no 

more than 78 percent average of the ruminant’s 

dry matter demand from dry matter fed, during 

the 2023 grazing season. 

(MOSA) • 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the 2023 grazing season. 

David Chupp 

Otter Tail 

County, 

Minnesota 

11/14/2023 11/14/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association. 

(MOSA) 

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, David 

Chupp located in Otter Tail County, Minnesota. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 110 days during 

the 2023 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 

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Company / 

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

ruminant’s dry matter demand from dry matter 

fed, during the 2023 grazing season. 

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 Vernon 

Mast, located in Green County, Wisconsin. 

Vernon Mast Green County, 

Wisconsin 11/14/2023 11/14/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

• Dairy cows and heifers must be grazed on pasture 

throughout the grazing season for no less than 100 

days during the 2023 grazing season. 

• All other classes of ruminants must be grazed on 

pasture throughout the grazing season for no less 

than 120 days during the 2023 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 2023 grazing season. 

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Company / 

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

Mark Stoltz 

Richland 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

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, Mark 

Stoltz, located in Richland County, Wisconsin. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

Daniel Reps 

Farms 

Winona 

County, 

Minnesota 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

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, Daniel 

Reps Farms, located in Winona County, Minnesota. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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Company / 

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

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

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

following: 

Earl, Tim, & 

Mary Lust 

Morrison 

County, 11/09/2023 11/09/2023 2023 grazing 

Midwest 

Organic 

Services 

• Applies only to organic livestock producer, Earl, 

Tim, & Mary Lust Farm, located in Morrison 

County, Minnesota. 

• Ruminants must be provided with at least 20 

Farm Minnesota 

season Association 

(MOSA) 

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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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, Rodney 

& Ruth Meier Farm located in Stearns County, 

Minnesota 

Rodney & Ruth 

Meier Farm 

Stearns 

County, 

Minnesota 

11/09/2023 11/09/2023 2023 grazing 

season 

Oregon Tilth 

Certified 

Organic 

(OTCO) 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

• Dairy livestock 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 2023 grazing season. 

• All other classes of ruminants must be provided 

with at least 30 percent average dry matter intake 

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Company / 

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

from pasture, or no more than 70 percent average 

of the ruminant’s dry matter demand from dry 

matter fed, during the 2023 grazing season 

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

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

following: 

Jamie Mundt 

Winona 

County, 

Minnesota 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

• Applies only to organic livestock producer, Jamie 

Mundt, located in Winona County, Minnesota. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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Company / 

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

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

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

following: 

Otter Creek 

Valley Farm 

Eau Claire 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

• Applies only to organic livestock producer, Otter 

Creek Valley Farm, located in Eau Claire County, 

Wisconsin. 

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

(MOSA) no more than 80 percent average of the 

ruminant’s dry matter demand from dry matter 

fed, during the 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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

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

following: 

Klinkner 

Legacy Dairy 

Monroe 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

• Applies only to organic livestock producer, Klinkner 

Legacy Dairy Located in Monroe County, 

Wisconsin. 

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

(MOSA) no more than 80 percent average of the 

ruminant’s dry matter demand from dry matter 

fed, during the 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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Company / 

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

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

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

following: 

Fleming Farms 

Vernon 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

• Applies only to organic livestock producer, Fleming 

Farms, Located in Vernon County, Wisconsin. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture 

throughout the grazing season for no less than 

120 days during the grazing season. 

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

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

following: 

Ryan Ingersoll Grant County, 

Wisconsin 11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

• Applies only to organic livestock producer, Ryan 

Ingersoll, Located in Grant County, Wisconsin. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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Company / 

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

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

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

following: 

Ridge-N-Valley 

Acres 

Monroe 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

• Applies only to organic livestock producer, RidgeN-Valley Acres, located in Monroe County, 

Wisconsin. 

• Ruminants must be provided with at least 20 

percent average dry matter intake from pasture, or 

(MOSA) no more than 80 percent average of the 

ruminant’s dry matter demand from dry matter 

fed, during the 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

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

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

following: 

Breezy Acres 

Monroe 

County, 

Wisconsin 

11/09/2023 11/09/2023 2023 grazing 

season 

Midwest 

Organic 

Services 

Association 

(MOSA) 

• Applies only to organic livestock producer, Breezy 

Acres, located in Monroe County, Wisconsin. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 120 days during 

the grazing season. 

9 
 

 

 

 

 

 

 

 

 

Company / 

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

Lambright 

Farm 

Mason County, 

Michigan 9/11/2023 9/11/2023 2023 grazing 

season 

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, 

Lambright Farm, located in Mason County, 

Michigan. 

• Animals must be grazed on pasture throughout the 

grazing season for no less than 120 days during the 

grazing season. 

• Dairy cows and dry cows 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 2023 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 2023 grazing season. 

Windy Ridge, 

LLC 

Klamath 

County, 

Oregon 

9/05/2023 9/05/2023 2023 grazing 

season 

Oregon Tilth 

Certified 

Organic 

(OTCO) 

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

§205.239(a)(2) is based on pasture damage by an 

exceptional grasshopper infestation and restricted to the 

following: 

• Applies only to organic livestock producer, Windy 

Ridge, LLC located in Klamath County, Oregon. 

• Bred heifers ages 16-23 months must be grazed on 

pasture for a minimum of 92 days during the 2023 

grazing season. 

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Company / 

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

• All other classes of ruminants must be grazed on 

pasture throughout the grazing season for no less 

than 120 days. 

• 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 2023 grazing season. 

Bonanza View 

Dairy, Inc 

Klamath 

County, 

Oregon 

9/05/2023 9/05/2023 2023 grazing 

season 

Oregon Tilth 

Certified 

Organic 

(OTCO) 

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

§205.239(a)(2) is based on pasture damage by an 

exceptional grasshopper infestation and restricted to the 

following: 

• Applies only to organic livestock producer, 

Bonanza View Dairy, Inc located in Klamath 

County, Oregon. 

• Bred heifers ages 16-23 months must be grazed on 

pasture for a minimum of 92 days during the 2023 

grazing season. 

• All other classes of ruminants must be grazed on 

pasture throughout the grazing season for no less 

than 120 days. 

• 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 2023 grazing season. 

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Company / 

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

Certified 

ruminant 

livestock 

producers in 

the State of 

Vermont 

Vermont 8/16/2023 8/16/2023 2023 grazing 

season 

Vermont 

Organic 

Farmers 

(VOF) 

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

§205.240(b) is based on excessive rainfall and catastrophic 

flooding and restricted to the following: 

• Applies only to organic livestock producers located 

in Vermont. 

• 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 2023 grazing season. 

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 45 days during 

the 2023 grazing season. 

Echo Dell 

Organic Farm Kalona, Iowa 8/3/2023 8/3/2023 2023 grazing 

season 

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, Echo 

Dell Organic Farm LLC, located in Kalona, Iowa. 

• Lactating animals must be grazed on pasture 

throughout the grazing season for no less than 100 

days during the 2023 grazing season. 

• All other classes of ruminants must be grazed on 

pasture throughout the grazing season for no less 

than 120 days during the 2023 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 

12 
 

 

Company / 

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

ruminant’s dry matter demand from dry matter 

fed, during the 2023 grazing season. 

The temporary variance from §205.204(a)(3) is based on 

hail damage and restricted to the following: 

Fagerberg 

Produce, Inc. 

Eaton, 

Colorado 7/27/2023 7/27/2023 2023 growing 

season 

Colorado 

Department 

of Agriculture 

(CDA) 

• Applies only to organic crop producer, Fagerberg 

Produce, Inc. in Eaton, Colorado. 

• Fagerberg Produce, Inc. may use nonorganic, 

untreated, non-GMO annual seedlings to replant 

onion crop damaged by the hail. 

13 
 

 

 

 

 

 

 

 

 

Company / 

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

Certified 

organic 

ruminant 

livestock 

producers in 

Marin County 

and Sonoma 

County, 

California 

Marin County 

and Sonoma 

County, 

California 

6/28/2023 6/28/2023 2023 grazing 

season only 

Those that 

certify 

operations in 

Marin County 

and Sonoma 

County, 

California 

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

§205.240(b) is based on excessive precipitation and 

flooding resulting from the severe winter storms and 

restricted to the following: 

• Applies only to organic ruminant livestock 

producers located in Marin County and Sonoma 

County, California who have not already been 

granted a temporary variance for the 2023 grazing 

season. 

• All ruminants and classes of animals must be 

provided with at least 25 percent average dry 

matter intake from pasture for no more than 75 

percent average of the ruminant’s dry matter 

demand from dry matter fed, during the 2023 

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 2023 grazing 

season. 

Mazzetta Dairy Petaluma, CA 5/8/2023 5/8/2023 2023 grazing 

season only 

CCOF 

Certification 

Services, LLC 

(CCOF) 

The temporary variance from 7 CFR Part §205.237(c)(1) 

and §205.240(b) is based on excessive precipitation and 

flooding, and is restricted to the following: 

• Applies only to organic livestock producer 

Mazzetta 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 2023 grazing season. 

14 
 

Company / 

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

• Ruminants must be grazed on pasture throughout 

the grazing season for no less than 60 days during 

the 2023 grazing season. 

Ohio State 

University 

Organic Food 

and Farming 

Education 

and Research 

(OFFER) 

Program 

2 Sites: 

Wooster, OH 

and 

Bowling Green, 

OH 

7/14/2020 7/14/2020 11/30/2023 

Ohio 

Ecological 

Food and 

Farm 

Association 

(OEFFA) 

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

research purposes and restricted to the following: 

• 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 only covers OFFER field WB1101. 

15 
 

2023 Denied Requests for Temporary Variances 

Company / 

Producer Location Date of AMS 

Decision Certifying Agent Remarks 

This table is updated when AMS Administrator decisions are issued. 

16