On September 29, 2024, the United States District Court for the District of Oregon ruled against a pending legal challenge to organic “grower group” certification following a brief filed earlier this year by the Center for Food Safety along with the Organic Trade Association (OTA) and other organic stakeholders, including organic nonprofits, companies, certifiers and grocers, in support of USDA’s grower group certification.
“Today, the court took an important step to protect organic market access for some of the world’s smallest farmers,” said Tom Chapman, Co-CEO of the Organic Trade Association. “To grow organic and address pressing global challenges, organic certification must remain viable for farms of all sizes.”
The “friend of the court” amicus brief filed in February, highlighted industry support of organic grower group certification in the ongoing grower group lawsuit challenging the longstanding practice, which was further codified in USDA’s 2023 organic rule revisions.
Organic farming, rooted in principles that bring value back to the land, offers a more profitable approach that naturally resonates with smaller farmers committed to these strict standards. This commitment supports sustainable livelihoods and plays a crucial role in the cultivation of various crops that ultimately reach grocery shelves.
In essence, grower groups serve as a bridge for smaller farmers to access international markets. Their collective certification not only ensures adherence to rigorous organic standards but also facilitates the sharing of resources and utilization of centralized processing facilities. The commitment to these principles is not only championed by businesses but also influencers and organizations, showcasing the widespread recognition of the importance of grower groups in sustaining organic practices and fostering fair trade.
Ironically, this lawsuit targets the implementation of the Strengthening Organic Enforcement (SOE) rules, which took effect in March 2024. These rules, among other things, clarified and enhanced oversight and management requirements for organic grower groups. While grower group structures are important, strong and effective oversight is equally crucial. We are hopeful that the SOE rules will be sufficient in maintaining organic integrity in grower groups. However, if the SOE rules fall short, OTA is committed to working with Congress and the NOP to make additional revisions to ensure that organic products grown globally by anyone meet American consumers’ expectations and align with the same standards required of domestic producers.
Any prohibition on group certification would cause catastrophic consequences to all organic stakeholders: the lost livelihoods of small, vulnerable organic farmers around the world, the elimination of the sourcing for organic companies, and the loss of organic products like coffee, chocolate and more for organic consumers.
Learn more about the importance of grower group certification and background on the legal case here.