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Court Dismisses Challenge to Strengthening Organic Enforcement Rule

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  • On September 30, 2024, the U.S. District Court for the District of Oregon dismissed a complaint filed by Pratum Farm, LLC which challenged the Strengthening Organic Enforcement (SOE) provisions regarding certification of “grower groups” allowing for inspection of a sample of growers from the grower group, as opposed to inspection of every grower.
  • Grower groups are certified at a group level, and under the SOE rule, inspection by a USDA-accredited certifier is required for “at least 1.4 times the square root or 2% of the total number of producer group members, whichever is higher.” This equates to at least 10 members in a 50-member group (20% inspection rate), 14 members in a 100-member group (14% inspection rate), or 31 members in a 500-member group (6.2% inspection rate). The larger the group, the lower the minimum inspection rate. Other farms within the…
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