The United States Court of Appeals for the Ninth Circuit has upheld a critical element of the USDA’s organic label. The ruling in Pratum Farm LLC v USDA also affirmed the original decision of Oregon District Judge Ann L. Aiken.
At issue and upheld in the ruling was the essential organic “grower group” certification. The “grower group” is a USDA Organic certification that allows small and low-income farmers to grow organically certified crops, which would otherwise be financially or logistically unviable.
Pratum Farm LLC, a small Oregon farm producing organic hazelnuts, sued the USDA under the Administrative Procedure Act challenging in part a final USDA Organic Rule. The plaintiff claimed injury from the USDA’s organic certification program that allows, in large part, mostly foreign farms to have their products marketed with the USDA-certified organic seal without undergoing the yearly, on-site inspection by an accredited certifier as required by Congress.
After the District Court found Pratum lacked standing, the Oregon hazelnut producer took the case up to the Ninth Circuit, where a three-judge panel heard it.
“Grower group certification has always been a crucial part of the organic standard,” said George Kimbrell, Legal Director of the Amici Center for Food Safety (CFS). He said the decision to protect it is a vital victory for organic farmers, stakeholders and consumers.
In 2024, a federal district court ruled that the challenger, a U.S. organic hazelnut grower, had failed to demonstrate how the lawful application of the challenged USDA grower group certification rule, as amended in 2023, had injured his business and thus lacked standing. The court of appeals affirmed that decision.
The USDA Organic “grower group” certification system has been in use for decades and is widely recognized internationally.
Kimbrell was an amicus curiae, or Friend of the Court, who was permitted to file arguments as a non-party in the case. The stakeholders he represented included Organic Integrity, Equal Exchange, Dr. Bronner’s, Manos Campesinas, IFOAM North America, IFOAM-Organic International, Natural Grocers, the Organic Trade Association, Frontier Co-op, and CFS.
The appellate court’s ruling is going down as a “win” for the organic industry.
“This important decision helps to protect the livelihoods of thousands of small farmers and validates the status of the grower group approach to certification,” said Michael Sigh, Director of Alliance for Organic Integrity.
“Smallholder farmers play a vital role in our organic global supply chain, and this decision is a significant step in safeguarding their contributions. It ensures that these farmers can continue to participate in the organic global food system, safeguarding their livelihoods and the future of sustainable agriculture in rural farming communities around the world,” said Tony Bedard, CEO of Frontier Co-op.
“This decision affirms that grower group certification, though managed differently, upholds the same integrity and oversight as any other form of organic certification,” said Tom Chapman, Co-CEO of the Organic Trade Association. “When done right, grower groups protect the USDA organic label’s trust and credibility and enable and support the critical supply chains our members rely on to deliver the products consumers expect.”
By saving the group certification, it avoids “catastrophic consequences to all organic stakeholders, including the lost livelihoods of small organic farmers around the world, the elimination of the sourcing for organic companies, and loss of these organic products like coffee, chocolate, and others, according to CFS.
The USDA’s organic label was established by Congress with the Organic Foods Production Act (OFPA) in 1990. The purpose of the Act was to “establish national standards governing the marketing ”of organically produced agricultural products, to assure consumers” that organically produced products meet a consistent standard.
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