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Attorney General Marty Jackley

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Attorney General Jackley Joins Case in Support of Agriculture

FOR IMMEDIATE RELEASE:  Wednesday, May 16, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. - Attorney General Marty Jackley announced today he has joined 14 other State Attorneys General in filing an amicus brief in supporting the repeal of the 2017 Organic Livestock and Poultry Practices Rule in the case Organic Trade Association vs. USDA.

“Agriculture is our largest economic activity in South Dakota and federal regulations are continuing to hurt our farmers and producers,” said Jackley. “This federal overregulation could push organic farmers out of business and in return drive up the cost of the organic foods pricing.” 

The 1990 Organic Foods Production Act was intended to impose specific feed and medicinal production standards for “USDA certified organic” products, but the Rule focuses almost entirely on animal care and living conditions.

The brief argues that when the USDA adopted the Rule on the last day of the Obama Administration, it lacked statutory authority to enact animal-welfare regulations under the guise of the Organic Foods Production Act. Rather than implementing the organic standards found in the Act, the Rule imposed new animal-welfare standards- specifically, detailed and stringent requirements for poultry to have outdoor access to vegetative soil.