We are proud of The Cornucopia Institute’s to role in bringing this scofflaw to justice. For years many in the industry suspected this operation was "laundering" conventional animals as organic (replacement heifers mostly going to giant factory farms and beef cattle).
Cornucopia's formal complaint, concerning illegal conventional cattle being transferred to the giant Aurora Dairy complex in Platteville, Colorado, eventually led to the downfall of Promisedland (USDA investigators eventually found Aurora had "willfully" violated 14 tenants of the organic regulations).
Just like Al Capone was not convicted of murder or racketeering, but rather of tax evasion, Promisedland was brought down by their unwillingness to share records, as required by law, that would've proven the organic origin of their cattle, with investigators from the USDA.
It is sinful that this operation has, literally, been able to operate for years while going through this appeals process. Organic farmers do need the right to due process, to assure that overzealous regulators do not strip them of their livelihoods, but these delays have been excessive and not only have fueled the buildup of a number of factory farms, allegedly including the 9000-head Natural Prairie operation in Texas, but these improprieties could've also defrauded many organic consumers along the way.
We know that National Organic Program director Miles McEvoy is cognizant of the loopholes that were exploited in this case, to drag out its final dispensation, and we expect that he will make proposals to tweak the regulations, ASAP, to ensure that never happens again.
Mark A. Kastel,
Senior Farm Policy Analyst
The Cornucopia Institute
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The latest NOP News Release is available in the
AMS Newsroom. For more information about the press release, contact Soo Kim at (202) 720-7476 or emailsoo.kim@ams.usda.gov.romieland Livestock Withdraws Appeal, Suspension of Organic Certification Effective July 28
WASHINGTON, July 21, 2011- Suspension of Promiseland Livestock's organic certification will become effective on July 28, 2011, representing a victory for the U.S. Department of Agriculture to protect the integrity of the USDA organic label.
"We are pleased about the outcome, not only on behalf of the agency but for organic consumers as well," said AMS Acting Administrator David Shipman. "We've remained committed to the principle of organic integrity so that consumers can continue to trust the USDA organic label, and our diligence in this long battle has paid off. The organic standards are rigorous; all certified operations are expected to adhere to them."
USDA originally issued its decision to suspend Promiseland's organic certification last year, citing the company's repeated withholding of records from authorized agents that would have allowed them to conduct audits of the company's facilities.
On Oct. 25, 2010, the USDA announced a judicial officer ruling to uphold the suspension of Promiseland's organic certification. The decision by the judicial officer followed a series of hearings between Promiseland and the Agricultural Marketing Service of the USDA, during which the Nebraska-based company appealed their suspension and eventually filed a federal lawsuit to halt the suspension of its organic certification. On Dec. 2, 2010, Promiseland filed a motion requesting a stay of the decision and order on the grounds that the company was preparing an appeal of the decision in U.S. District Court.
The company eventually withdrew the motion late last month. Concurrently, last week's unopposed motion to lift the stay effectuates the suspension of Promiseland's organic certification for violating the Organic Foods Production Act and the governing organic regulations. During the five-year suspension, Promiseland Livestock is prohibited from representing their products as organic.
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Mark A. Kastel
The Cornucopia Institute
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