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Agriculture
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2018-01-01
2018-01-01
false

Livestock health care practice standard.
Â§ 205.238

Section Â§ 205.238
Agriculture
Regulations of the Department of Agriculture (Continued)
AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE (CONTINUED)
ORGANIC FOODS PRODUCTION ACT PROVISIONS
NATIONAL ORGANIC PROGRAM
Organic Production and Handling Requirements
§ 205.238
Livestock health care practice standard.
Link to an amendment published at 82 FR 7089, Jan. 19, 2017.
This amendment was delayed until May 19, 2017, at 82 FR 9967, Feb. 9, 2017.
This amendment was further delayed until Nov. 14, 2017, at 82 FR 21677, May 10, 2017.
This amendment was further delayed until May 14, 2018, at 82 FR 52643, Nov. 14, 2017.
(a) The producer must establish and maintain preventive livestock health care practices, including:
(1) Selection of species and types of livestock with regard to suitability for site-specific conditions and resistance to prevalent diseases and parasites;
(2) Provision of a feed ration sufficient to meet nutritional requirements, including vitamins, minerals, protein and/or amino acids, fatty acids, energy sources, and fiber (ruminants);
(3) Establishment of appropriate housing, pasture conditions, and sanitation practices to minimize the occurrence and spread of diseases and parasites;
(4) Provision of conditions which allow for exercise, freedom of movement, and reduction of stress appropriate to the species;
(5) Performance of physical alterations as needed to promote the animal's welfare and in a manner that minimizes pain and stress; and
(6) Administration of vaccines and other veterinary biologics.
(b) When preventive practices and veterinary biologics are inadequate to prevent sickness, a producer may administer synthetic medications: Provided, That, such medications are allowed under § 205.603. Parasiticides allowed under § 205.603 may be used on:
(1) Breeder stock, when used prior to the last third of gestation but not during lactation for progeny that are to be sold, labeled, or represented as organically produced; and
(2) Dairy stock, when used a minimum of 90 days prior to the production of milk or milk products that are to be sold, labeled, or represented as organic.
(c) The producer of an organic livestock operation must not:
(1) Sell, label, or represent as organic any animal or edible product derived from any animal treated with antibiotics, any substance that contains a synthetic substance not allowed under § 205.603, or any substance that contains a nonsynthetic substance prohibited in § 205.604.
(2) Administer any animal drug, other than vaccinations, in the absence of illness;
(3) Administer hormones for growth promotion;
(4) Administer synthetic parasiticides on a routine basis;
(5) Administer synthetic parasiticides to slaughter stock;
(6) Administer animal drugs in violation of the Federal Food, Drug, and Cosmetic Act; or
(7) Withhold medical treatment from a sick animal in an effort to preserve its organic status. All appropriate medications must be used to restore an animal to health when methods acceptable to organic production fail. Livestock treated with a prohibited substance must be clearly identified and shall not be sold, labeled, or represented as organically produced.

Effective Date Note:
At 82 FR 7089, Jan. 19, 2017, § 205.38 was revised, effective Mar. 20, 2017. At 82 FR 9967, Feb. 9, 2017, this revision was delayed until May 19, 2017. At 82 FR 21677, May 10, 2017, this revision was further delayed until Nov. 14, 2017. At 82 FR 52643, Nov. 14, 2017, this revision was delayed until May 14, 2018. For the convenience of the user, the revised text is set forth as follows:
§ 205.238
Livestock care and production practices standard.
(a) The producer must establish and maintain preventive health care practices, including:
(1) Selection of species and types of livestock with regard to suitability for site-specific conditions and resistance to prevalent diseases and parasites.
(2) Provision of a feed ration sufficient to meet nutritional requirements, including vitamins, minerals, proteins and/or amino acids, fatty acids, energy sources, and fiber (ruminants), resulting in appropriate body condition.
(3) Establishment of appropriate housing, pasture conditions, and sanitation practices to minimize the occurrence and spread of diseases and parasites.
(4) Provision of conditions which allow for exercise, freedom of movement, and reduction of stress appropriate to the species.
(5) Physical alterations may be performed to benefit the welfare of the animals, for identification purposes, or for safety purposes. Physical alterations must be performed on livestock at a reasonably young age, with minimal stress and pain and by a competent person.
(i) The following practice may not be routinely used and must be used only with documentation that alternative methods to prevent harm failed: Needle teeth clipping (no more than top one-third of the tooth) in pigs and tail docking in pigs.
(ii) The following practices are prohibited: De-beaking, de-snooding, caponization, dubbing, toe clipping of chickens, toe clipping of turkeys unless with infra-red at hatchery, beak trimming after 10 days of age, tail docking of cattle, wattling of cattle, face branding of cattle, tail docking of sheep shorter than the distal end of the caudal fold, and mulesing of sheep.
(6) Administration of vaccines and other veterinary biologics.
(7) All surgical procedures necessary to treat an illness shall be undertaken in a manner that employs best management practices in order to minimize pain, stress, and suffering, with the use of appropriate and allowed anesthetics, analgesics, and sedatives.
(8) Monitoring of lameness and keeping records of the percent of the herd or flock suffering from lameness and the causes. Certified operations may monitor lameness in a manner prescribed by the NOP.
(b) Producers may administer medications that are allowed under 205.603 to alleviate pain or suffering, and when preventive practices and veterinary biologics are inadequate to prevent sickness. Parasiticides allowed under § 205.603 may be used on:
(1) Breeder stock, when used prior to the last third of gestation but not during lactation for progeny that are to be sold, labeled, or represented as organically produced; and
(2) Dairy stock, when used a minimum of 90 days prior to the production of milk or milk products that are to be sold, labeled, or represented as organic.
(c) An organic livestock operation must not:
(1) Sell, label, or represent as organic any animal or product derived from any animal treated with antibiotics, any substance that contains a synthetic substance not allowed under § 205.603, or any substance that contains a nonsynthetic substance prohibited in § 205.604. Milk from animals undergoing treatment with synthetic substances allowed under § 205.603 cannot be sold as organic but may be fed to calves on the same operation. Milk from animals undergoing treatment with prohibited substances cannot be sold as organic or fed to organic livestock.
(2) Administer synthetic medications unless:
(i) In the presence of illness or to alleviate pain and suffering, and
(ii) That such medications are allowed under § 205.603.
(3) Administer hormones for growth promotion, production, or reproduction, except as provided in § 205.603.
(4) Administer synthetic parasiticides on a routine basis.
(5) Administer synthetic parasiticides to slaughter stock.
(6) Administer animal drugs in violation of the Federal Food, Drug, and Cosmetic Act; or
(7) Withhold medical treatment from a sick animal in an effort to preserve its organic status. All appropriate medications must be used to restore an animal to health when methods acceptable to organic production fail. Livestock treated with a prohibited substance must be clearly identified and neither the animal nor its products shall be sold, labeled, or represented as organically produced.
(8) Withhold individual treatment designed to minimize pain and suffering for injured, diseased, or sick animals, which may include forms of euthanasia as recommended by the American Veterinary Medical Association.
(9) Neglect to identify and record treatment of sick and injured animals in animal health records.
(10) Practice forced molting or withdrawal of feed to induce molting.
(d) Organic livestock operations must have comprehensive plans to minimize internal parasite problems in livestock. The plan will include preventive measures such as pasture management, fecal monitoring, and emergency measures in the event of a parasite outbreak. Parasite control plans shall be approved by the certifying agent.
(e) Euthanasia. (1) Organic livestock operations must have written plans for prompt, humane euthanasia for sick or injured livestock.
(2) The following methods of euthanasia are not permitted: suffocation; manual blow to the head by blunt instrument or manual blunt force trauma; and the use of equipment that crushes the neck, including killing pliers or Burdizzo clamps.
(3) Following a euthanasia procedure, livestock must be carefully examined to ensure that they are dead.