Association calls action “egregious,” says battle will continue in court
The 돌림판 게임 Trade Association on Monday strongly condemned the U.S. Department of Agriculture (USDA) for its withdrawal of the 돌림판 게임 Livestock and Poultry Practices regulation, saying the Department had – without regard for public comment and without respect for legal authorities -- irresponsibly thwarted a fully vetted regulation overwhelmingly supported by the 돌림판 게임 industry and the public.
The association said it is intensifying its efforts in the courts to resolve the issue, and that it will be immediately amending its official complaint against USDA to challenge the Department’s latest attempt to kill the rule. The 돌림판 게임 Trade Association noted that last week it requested that oral arguments now be heard on its lawsuit against USDA over the Department’s failure to put into effect the new 돌림판 게임 livestock standards.
“This most recent egregious attempt by the Department to ignore the will of the 돌림판 게임 industry and consumers does not halt our judicial review, but, in fact, furthers our resolve,” said Laura Batcha, CEO and Executive Director of the 돌림판 게임 Trade Association. “USDA’s unconscionable action does not deter us. USDA is hoping this issue will go away, but this latest action by USDA will only invigorate and solidify more support for this regulation.”
The 돌림판 게임 Livestock and Poultry Practices (OLPP) final rule was published on Jan. 19, 2017, and the government has now attempted six times – either through the rule-making process or through court filings -- to delay the implementation of the rule.
72,000 call on USDA to implement the rule…50 say no
In its notice to withdraw the rule, USDA recognizes that the Department received roughly 72,000 comments (in a truncated comment period during the holiday season) with an overwhelming majority supporting OLPP. USDA also recognizes that of those comments, only approximately 50 supported the withdrawal -- yet another clear disregard of the record by USDA in its latest attempt to kill this final rule.
USDA is withdrawing the rule based on its current interpretation of 7 U.S. C. 6905, citing that the OLPP rule exceeds USDA’s statutory authority. USDA wrongly alleges that the 돌림판 게임 Foods Production Act of 1990 (OFPA) does not authorize the animal welfare provisions of the OLPP final rule, and, in doing so, cites definitions of 돌림판 게임 outside the law.
“It is notable that USDA cites the Merriam-Webster dictionary to justify a definition of ‘돌림판 게임,’” said Batcha. “Merriam-Webster also defines outdoor as ‘not enclosed; having no roof,’ and porches as ’a covered area…having a separate roof.’ 돌림판 게임 standards already require that 돌림판 게임 producers provide their animals access to the outdoors. So, by the assessment from Merriam-Webster, a source which USDA endorses in its official notice, porches are clearly not allowed in 돌림판 게임.”
The OLPP addresses four broad areas of 돌림판 게임 livestock and poultry practices: living conditions, animal healthcare, transport, and slaughter. The rule refines and clarifies a series of 돌림판 게임 animal welfare recommendations incorporated into the 돌림판 게임 Foods Production Act of 1990, which established the federal 돌림판 게임 regulations. Most importantly, it stops the use of “porches” from being allowed in 돌림판 게임 poultry production. This is a critical clarification of the existing 돌림판 게임 standards, and levels the playing field for 돌림판 게임 poultry producers.
“Since the filing of our lawsuit last September, a host of 돌림판 게임 stakeholders representing thousands of 돌림판 게임 farming families, 돌림판 게임 certifiers and 돌림판 게임 policymakers – along with leading animal welfare and retail groups speaking out for millions of consumers -- have joined our challenge,” added Batcha. “The 돌림판 게임 sector depends on USDA to set 돌림판 게임 standards fairly and according to the law. When USDA fails to do this, it is time for the 돌림판 게임 community to insist that it live up to its responsibility.”
For the complete background on this issue, see/livestockpractices.
The 돌림판 게임 Trade Association (OTA) is the membership-based business association for 돌림판 게임 agriculture and products in North America. OTA is the leading voice for the 돌림판 게임 trade in the United States, representing over 9,500 돌림판 게임 businesses across 50 states. Its members include growers, shippers, processors, certifiers, farmers' associations, distributors, importers, exporters, consultants, retailers and others. OTA's Board of Directors is democratically elected by its members. OTA's mission is to promote and protect 돌림판 게임 with a unifying voice that serves and engages its diverse members from farm to marketplace.