USDA Threatens
to Revoke Organic Certification for Aurora Organic, Dairy Feedlot Supplier to Wal-Mart,
Trader Joe's & Other Chains
By Mark Kastel Tonight at 7:20 p.m. EST, August 29, the USDA issued an emergency
news release announcing that they had sent a Letter of Revocation to the Aurora Organic
Dairy. In lieu of revoking Aurora's organic certification, the Agency has instead entered
into a consent agreement requiring the nation's largest certified organic dairy to make
substantial and wide-ranging changes to the livestock management practices at their
operations in Texas and Colorado. If the terms of the agreement are not met, USDA
officials warn Aurora's management that the agreement they have reached "will be
withdrawn" and the Agency may "revoke the organic certification" for
Aurora's Platteville, CO dairy processing plant that packages private label milk for
several national chains, including Wal-Mart, Costco, Target, Trader Joe's and Safeway. The
USDA also warns Aurora's officials that their operations "will be closely monitored
for compliance with the provisions of the agreement." Although Aurora is the largest
private-label organic milk supplier in the United States they also market milk under their
own label; High Meadows. Additionally, Aurora has agreed not to renew the organic
certification for its Woodward, Colo., facility. Unlike the crass public relations spin
that was released by Aurora earlier today the formal legal complaints Cornucopia filed
with USDA against Aurora in 2005 and 2006 were not dismissed. In fact, earlier tonight I
received a call from a high-ranking USDA official to say that the Agency had specifically
rushed their official news release on the events out to the public in an effort to dispel
the misinformation caused by Aurora's factually erroneous representations. Although we
should be proud at The Cornucopia Institute that our meticulous research and well
documented legal complaints have resulted in this action, and the previously announced
decertification of the 10,000-head Vander Eyk dairy in California, we are still not wholly
satisfied with the outcome and enforcement action taken by the USDA. After years of delay
Aurora, having expanded to five industrial scale dairies in Colorado and Texas, is still
being allowed to remain in business despite being found guilty of multiple violations of
organic law. These were not accidental violations they were willful and premeditated
violations of the law by a multimillion dollar business enterprise, the largest organic
dairy producer in the United States. All of the allegations that we outlined in our legal
complaints (available on our website) are delineated in this consent agreement. The
investigators at AMS compliance have obviously done their jobs well and are to be
commended for their diligence. But it is the political appointees at USDA that have
decided to let Aurora off somewhat easy in this matter. This is exactly what we warned
about in our news release of August 14 (also available at www.cornucopia.org
http://www.cornucopia.org/ ). Major points that were detailed in the original Cornucopia
legal complaints and that are also addressed in the consent agreement include: § Aurora
was not allowing their animals access to pasture § Aurora brought in animals from a
non-certified contract heifer ranch § Aurora converted animals from conventional to
organic production when the regulations (because of their initial 80/20 conversion)
prohibited that. § And Aurora purchased organic feed for their Texas operation from a
friend of the dairy manager who had sprayed his crops with herbicides during transition.
During all of this time, Aurora was building market share, helping drive the price down
for "real" organic farmers, and being a driving force behind the current surplus
in the organic dairy market. They were defrauding consumers by selling milk that did not
qualify to be labeled as organic. The USDA chose not to levy any fines and Aurora is being
allowed to remain in business. It must be noted that §205.100(c)(1) of the organic
regulations states that "any operation that knowingly sells or labels a product as
organic, except in accordance with the Act, shall be subject to a civil penalty of not
more than $10,000 per violation." This is only a partial victory in protecting the
economic interests of the family scale dairy farmers we work for. Stay tuned. We will
aggressively be telling consumers, and the wholesale buyers, that have been buying milk
from Aurora, that they have been scammed by charlatans. Hopefully ethical businesses will
discontinue their relationship with Aurora and we will see the surplus eaten away by new
demand for "real" organic milk. I want to thank the staff of The Cornucopia
Institute for their hard work over the years in pursuing our complaints against Vander
Eyk, Aurora and Dean Foods/Horizon (the only factory-farm dairy operator, profiled in our
complaints, that has yet to be adjudicated by the USDA). I particularly want to thank our
research director, Will Fantle who is responsible for crafting our legal complaints and
our legal counsel, Gary Cox, who has helped review documents and spearheaded our lawsuit
against the USDA for release of related documents they had illegally withheld from the
public. I especially want to thank the many members of The Cornucopia Institute who had
confidence in our work and have financially underwritten the expenses related to this
campaign. It is an honor to work for the organic farmers of this country who I have so
much respect and admiration for. We will be releasing more news and analysis when it
becomes available. Best regards, Mark Kastel Codirector The Cornucopia Institute
608-625-2042 |