The Oregon Department of Agriculture has decided to backtrack on its recent policy that mandated individuals who milked even just one cow or goat to obtain a permit from the state.
Two months ago, four small dairy farmers in Oregon took legal action by filing a lawsuit in U.S. District Court. Their intention was to prevent the Oregon Department of Agriculture (ODA) from enforcing the rule against small dairies. In response to this, ODA has now made the decision to suspend the rule.
According to Bobbi Taylor, an attorney from the Institute for Justice, the lawsuit will proceed despite the temporary withdrawal. The Ohio Department of Agriculture (ODA) has not admitted that it lacked the authority to enforce the new requirements. Taylor’s organization is providing support for the lawsuit.
Waneva LaVelle, a plaintiff from Pure Grace Farm in Hubbard, expressed her contentment with the recent reversal. However, she acknowledges that the legal battle is far from over. She finds solace in the assurance that the rules won’t be reinstated in the future. Personally, with kidding season coming to an end, LaVelle can now continue operating her small family farm as she has been doing for years.
Small-scale farms in Oregon are not required to obtain food safety and fluid milk licenses if they have a maximum of two producing cows or nine producing goats or sheep.
Previously, these farms were exempt from Oregon’s confined animal feeding operation (CAFO) rules because they did not confine their animals.
In the past year, ODA modified its definition of a CAFO to encompass small dairy operations.
According to a white paper published by the ODA in January 2023, animals, despite spending a majority of their time outdoors, are considered confined during the milking process. This confinement can occur in various forms, such as pens, lots, or buildings.
The Oregon dairy industry requested the change in response to their concerns about the unfair financial advantage enjoyed by small producers who are not required to comply with the same rules as larger dairies, according to documents obtained from ODA.
According to Ari Bargil, a senior attorney at the Institute for Justice, it is unconstitutional for the government to favor big industry players and suppress small producers. He firmly believes that economic protectionism goes against the law, and the lawsuit will persist until the courts recognize this fact.
Small farmers were required to apply for a permit and renew it annually, pay state fees, undergo regular ODA inspections, establish wastewater drainage and holding systems, and maintain detailed records of the amount of manure produced by their animals and its disposal.
According to the white paper, ODA stated that when animals are brought indoors for milking, even if it is only for a few minutes, it qualifies as meeting the CAFO definition.
Farms that clean milking equipment or wash containers are also considered to be operating CAFOs.
The white paper emphasizes the significance of CAFO permit registrations for three key reasons. Firstly, these registrations play a crucial role in preventing water pollution. Secondly, they ensure compliance with both federal and state laws. Lastly, they help maintain a fair and level playing field among all dairies that hold Grade A fluid milk licenses, as they bear the costs associated with meeting water quality regulations.
The reinterpretation of the rule only applies to animals that are milked, such as cows and goats, and does not include horses or other animals that are not milked.
ODA officials have spent the last year educating small dairies about the change and were prepared to enforce the rule on April 1.
Operating without a CAFO permit can result in fines of up to $2,500 for the first offense, with repeat violations potentially incurring fines of up to $10,000. These fines can be assessed on a daily basis.
“I’m relieved that the lawsuit will proceed, allowing us to prevent the government from burdening us with unnecessary bureaucracy in the future,” expressed Sarah King, the plaintiff and proud owner of Godspeed Hollow, a quaint three-cow dairy located in Newberg, Oregon. She further emphasized, “It’s illogical to subject a small-scale dairy like mine to the same regulations as a massive operation with hundreds of cows.”
Tracy Loew is the environment correspondent at the Statesman Journal. If you have any comments, questions, or tips, feel free to reach out to her at [email protected] or 503-399-6779. You can also follow her on Twitter at @Tracy_Loew.