A coalition of organic farmers and the Center for Food Safety recently filed for summary judgment in their challenge of the U.S. Department of Agriculture’s (USDA) denial of a petition calling on the Agency to bar soil-less operations from using the organic label.  The groups noted that USDA’s refusal to stop hydroponic operations from making organic claims ignores the “principles of organic farming” and violates the Organic Foods Product Act (OFPA).

By way of background, in 2010, the National Organic Standards Board declared that hydroponic systems do not appear consistent with the organic label as the operations do not enrich the soil or protect the environment.  USDA, however, ignored the National Organic Standards Board’s recommendation and noted that hydroponic operations can make organic claims if they demonstrate compliance with federal organic rules.

In 2018, USDA issued a statement reaffirming its policy, which prompted the Center for Food Safety and others to file a petition calling for the agency to reverse course.  The petitioners argued that hydroponic operations cannot be certified as organic because they do not accomplish the statutory mandate of the OFPA to foster soil fertility and improve the organic matter content of the soil; however, USDA denied the petition in 2019.  In its denial, USDA argued that the soil fertility requirements cited by the petitioners only apply to production systems that use soil.  In response to USDA’s denial of the petition, the Center for Food Safety, along with several organic farmers and certifiers, filed their lawsuit in March 2020 challenging the Agency’s petition denial.

In the groups’ motion for summary judgment, plaintiffs contend that USDA’s interpretation that hydroponic production systems and other soil-less production systems are exempt from OFPA’s statutory requirement that organic crop productions foster soil fertility “is contrary to the statute’s plain language.”   However, plaintiffs argue that the organic law requires that organic certification plans must contain management practices to promote the growth and development of fertile soil.  Plaintiffs also allege USDA’s conclusion violates the OFPA regulations, which require organic producers to maintain or improve the natural resource and biodiversity of the operation, including soil and water quality.

A hearing on the motion has been set for January 21, 2020 and USDA is expected to file a competing motion for summary judgment. We will continue to monitor any developments.