TITLE 21               AGRICULTURE & RANCHING

CHAPTER 30       ANIMALS AND ANIMAL INDUSTRY GENERAL PROVISIONS

PART 1                 ORGANIC PRODUCTION METHODS AND MATERIALS

 

21.30.1.1               ISSUING AGENCY: New Mexico Organic Commodity Commission. 

[21.30.1.1 NMAC - Rp 21 NMAC 30.1.1, 8/30/2001]

 

21.30.1.2               SCOPE: All individuals and businesses in New Mexico producing, handling, processing and selling agricultural products labeled “organic”, “certified organic” or “transitional”.  There are additional regulations applicable to the same entities in 21.15.1 NMAC, 21.17.58 NMAC, 21.18.5 NMAC, 21.25.6 NMAC, 21.27.3 NMAC, and 21.34.16 NMAC. 

[21.30.1.2 NMAC - Rp 21 NMAC 30.1.2, 8/30/2001]

 

21.30.1.3               STATUTORY AUTHORITY: 21.30.1 NMAC is promulgated pursuant to the provisions of the Organic Commodity Act, 76.22.1 through 76.22.28 NMSA 1978 (as amended). 

[21.30.1.3 NMAC - Rp 21 NMAC 30.1.3, 8/30/2001]

 

21.30.1.4               DURATION: Permanent. 

[21.30.1.4 NMAC - Rp 21 NMAC 30.1.4, 8/30/2001]

 

21.30.1.5               EFFECTIVE DATE: August 30, 2001, unless a later date is cited at the end of a section.

[21.30.1.5 NMAC - Rp 21 NMAC 30.1.5, 8/30/2001]

 

21.30.1.6               OBJECTIVE: 21.30.1 NMAC Describes allowable and prohibited methods and materials to be used in certified organic livestock production. 

[21.30.1.6 NMAC - Rp 21 NMAC 30.1.6, 8/30/2001]

 

21.30.1.7               DEFINITIONS:

A.            Animal drug. Any drug as defined in section 201 of the Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. 321) that is intended for use in livestock, including any drug intended for use in livestock feed but not including such livestock feed. 

B.            Biologics. All viruses, serums, toxins, and analogous products of natural or synthetic origin, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components of microorganisms intended for use in the diagnosis, treatment or prevention of diseases of livestock. 

C.            Breeder stock. Female livestock whose offspring may be incorporated into an organic operation at the time of their birth. 

D.            Feed. Edible materials which are consumed by livestock for their nutritional value.  Feed may be concentrates (grains, pulses, extractions) or roughages (hay, silage, fodder, pasture).  The term feed encompasses all agricultural commodities ingested by livestock for nutritional purposes. 

F.             Feed additive. A substance or combination of substances added to feed in micro quantities to fulfill a specific nutritional need, i.e. nutrients in the form of amino acids, vitamins and minerals. 

G.            Feed supplement. A feed used with another feed to improve the nutrient balance or performance of the total ration and intended to be: diluted with other feeds when fed to livestock; offered free choice with other parts of the ration if separately available; or further diluted and mixed to produce a complete feed. 

H.            Forage. Vegetable material in a fresh, dried, or ensiled state (pasture, hay or silage) which is fed to livestock. 

I.              Livestock. Any cattle, sheep, goat, swine, poultry or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; and including bees. 

J.             Routine use of parasiticide. The regular, planned or periodic use of parasiticides. 

K.            Slaughter stock.  Any animal that is intended to be slaughtered for consumption by humans or other animals. 

[21.30.1.7 NMAC - Rp 21 NMAC 30.1.7, 8/30/2001]

 

21.30.1.8               Animal Certification Standards

A.            Admissibility:      

                    (1)     Farms, fields and split operations: Certification may be on a whole farm or on a herd/flock by herd/flock basis.  The Commission encourages farmers to certify their entire operation.  In certain situations, this will not be feasible.  NMOCC allows split organic/conventional operations, if and only if the operator can demonstrate that they possess the physical and managerial ability to prevent contamination and/or commingling.  Equipment used in conventional fields must be cleaned prior to use in organic fields.  The Commission strongly suggests that the same livestock not be grown in the organic and conventional fields; if this is done, an additional inspection may be required to verify adequate separation and accounting, and the cost of this additional inspection will be borne by the client. 

                    (2)     Three-year rule: A farm or field may be certified for organic production only when it can be demonstrated that an application of prohibited materials or the use of prohibited production practices has not occurred during the year of production or at any time during the three years (36 months) immediately preceding the harvest. An exception may be granted where: 

                              (a)     the application of the prohibited substance is caused by drift or involuntary mechanism; and  

the organic producer demonstrates, by clear and convincing evidence, that no intentional application has occurred; and, 

                              (b)     the organic producer demonstrates, by evidence, that the background residue in the soil, from the known contaminant, does not exceed 5% of any applicable federal tolerance levels. 

                    (3)     Status Rotation Prohibited: A farm or field, once granted certified status, may not be rotated into conventional production.  If prohibited materials or practices are used, see (2) immediately above. 

                    (4)     Transitional Status: A field or whole farm may be granted the status of Transitional, provided that all production standards and requirements are met, as described in this handbook and in the national standards, with the sole exception that: the land has been free from prohibited material input for a period of at least one year.  This status may be used for two years for any given field or farm.  At the end of this period, the field or farm must request Certified Organic status to continue in the program. Producers using the Transitional label may not use the word organic to describe their operation or products. 

                    (5)     Buffer Zone: There must exist adequate physical barriers or a 25 foot (8 meter) minimum distance between organic crops and conventionally grown crops to maintain the organic integrity of certified fields.  The Commission reserves the right to require additional buffering where the Commission deems warranted. 

B.            The Organic Animal Production Plan

                    (1)     Purpose: the purpose of the Organic Animal Production Plan is to provide the Commission and the farmer with an agreed upon document which addresses at least the following issues: 

                              (a)     a description of production practices and procedures to be performed in the management of the operation, including known or estimated frequencies; 

                              (b)     a list of all substances to be used as inputs, including information on the input source, composition and usage locations; 

                              (c)     a description of the record keeping system to be used; 

                              (d)     a description of practices and procedures used to prevent contamination and/or commingling; 

                              (e)     additional information as deemed necessary by the Commission. 

                    (2)     Mixed Crop and Animal Production Plan: The Organic Animal Production Plan may be prepared in conjunction with an Organic Farm Crop Plan as required for organic crop producers.  For one farm plan to cover both crop and animal raising, the plan must encompass both the crop production and animal production standards. Both applications must be filled out. 

                    (3)     The statutory requirement that all applications made to the Commission must contain an Organic Production Plan is satisfied by completely filling out the application forms and noting any appropriate additional information. 

C.            Livestock Origin (Mammals, Poultry)

                    (1)     Livestock or edible livestock products that are to be sold, labeled or represented as organic must be from livestock under continuous organic management from birth, except: 

                              (a)     Poultry, for meat and egg production: must be from animals that have been under continuous organic management beginning no later than the second day post-hatching. 

                              (b)     Dairy animals: milk or milk products must be from animals that have been under continuous organic management for at least one year immediately prior to the production of organic milk or milk products, except that when an entire, distinct herd is converted to organic production, the producer may:  For the first nine months of the year, provide a minimum of 80-percent feed that is either organic or raised from land included in the organic system plan and managed in compliance with organic crop requirements; and provide 100-percent organic feed for the final 3 months; once an entire, distinct herd has been converted to organic production, all dairy animals shall be under organic management from the last third of gestation.

                    (2)     Nonedible products: must be from animals that have been under continuous organic management for at least one year immediately prior to harvest of the nonedible product. 

                    (3)     Breeder stock: may be obtained from non-organic source at any time, provide that if such livestock are gestating and the offspring are to be raised as organic livestock, the breeder stock must be brought into the operation prior to the start of the last third of gestation. 

                    (4)     Prohibited livestock origins:

                              (a)     Livestock or livestock products that are removed from an organic operation and subsequently managed conventionally may not be sold or represented as organic. 

                              (b)     Breeder or dairy stock that has not been under continuous organic management since birth may not be sold or represented as organic slaughter stock. 

                              (c)     No organism produced by excluded methods may be used for any organic livestock purpose; this includes cloned animals. 

                    (5)     The producer of the organic livestock must have a record keeping system that allows the preservation of identity of all organically managed animals and livestock products produced by the operation. 

D.            Organic livestock feed:

                    (1)     The producer of organic livestock must provide the animals with a total feed ration composed of organically produced and handled agricultural products (including pasture and forage), except that non-agricultural products and synthetic substances listed below may be used as feed additives and supplements. 

                    (2)     The producer of organic livestock must not:

                              (a)     use animals drugs to promote growth; 

                              (b)     provide feed supplements or additives in amounts above those needed for adequate nutrition and health maintenance for the species at its specific live stage; 

                              (c)     feed plastic pellets for roughage; 

                              (d)     feed formulas containing urea or manure; 

                              (e)     feed mammalian or poultry slaughter by-products to mammals or poultry; 

                              (f)     use any feed, feed additives or feed supplements in violation of the Federal Food, Drug and Cosmetic Act. 

                    (3)     All animals shall be provided with a palatable, digestible and nutritious diet appropriate to their age, weight and according to their behavioral and physiological need, to promote a positive state of health and well being and growth rate. 

                    (4)     All animals shall have access to adequate water at all times. 

                    (5)     Dry food ingredients shall be stored in such a manner as to keep them dry, clean and free from rodents, insects or other pests and contamination by prohibited substances. 

                    (6)     Permitted Supplements and Synthetic Additives:

                              (a)     any source of feed salt; 

                              (b)     trace minerals; 

                              (c)     vitamins, accepted for enrichment or fortification, limited to those approved by the FDA for livestock use; 

                              (d)     fillers and excipients. 

E.             Healthcare

                    (1)     The producer must establish and maintain preventative healthcare practices:

                              (a)     Selection of species and breeds with regard to suitability for site-specific conditions and resistance to prevalent diseases and parasites; 

                              (b)     Provision of feed sufficient to meet nutritional requirements, including vitamins, minerals, additives or supplements; 

                              (c)     Establishment of appropriate housing, pasture conditions, and sanitation practices to minimize the occurrence and spread of diseases and parasites; 

                              (d)     Provision of conditions that allow for exercise, freedom of movement and reduction of stress appropriate to the species; 

                              (e)     Administration of vaccines and other veterinary biologics; 

                              (f)     Performance of physical alterations as needed to promote the animal’s welfare, but not so as to permit increased stress levels through restriction of housing space. 

                    (2)     When the above practices are inadequate to prevent illness, the producer may administer synthetic medications specifically allowed by the National Organic Program; see list below.

                    (3)     Ivermectin parasiticide is allowed for use on:

                              (a)     Breeder stock, when used prior to the last third of gestation (but not during lactation) for any progeny that are to be sold or represented as organic; 

                              (b)     Dairy stock, when used a minimum of 90 days prior to the production of milk or milk products that are to be sold or represented as organic. 

                    (4)     The producer of organic livestock must not:

                              (a)     Sell or represent as organic any animal or edible product derived from any animal treated with antibiotics, any substance containing a non-allowed synthetic substance, or any substance containing a non-allowed non-synthetic substance; 

                              (b)     Administer any animal drug, other than vaccinations, in the absence of illness; 

                              (c)     Administer hormones; 

                              (e)     Administer synthetic parasiticides on a routine basis; 

                              (f)     Administer synthetic parasiticides to slaughter stock; 

                              (g)     Administer animal drugs in violation of the Federal Food, Drug and Cosmetic Act; 

                              (h)     Withhold medical treatment from a sick animal in an effort to preserve the organic status of the animal.  All appropriate medications must be used to restore an animal to health when organically acceptable methods fail.  Livestock so treated must be clearly identified and shall not be sold or represented as organic. 

F.             Housing and living conditions

                    (1)     All animals, consistent with their physiological and ethological needs, must have access, when seasonally appropriate, to sunshine, fresh air, soil, fresh plants, etc.  The Commission acknowledges that certain species and breeds will not need housing or shelter above and beyond that naturally occurring in their environment; 

                    (2)     The design, construction and maintenance of housing, pens and equipment shall be such as to provide a safe environment conducive to the health and well-being of the animals and to minimize risk of fire; 

                    (3)     The Commission's or other expert advice on health and welfare aspects is sought whenever new buildings are to be constructed or existing buildings modified for use for intensive animal production; 

                    (4)     Materials used for the construction of housing, particularly pens, equipment, floors and partitions shall not  be harmful to the animals and shall in all cases be capable of being thoroughly cleaned and disinfected; 

                    (5)     Constant loud noise, extremes of temperature and droughts are to be avoided.  Insulation, heating, or both, shall be provided where necessary to prevent condensation and extreme fluctuations in environmental temperature; 

                    (6)     Ventilation shall ensure that air velocity, dust levels, temperature, relative humidity and gas concentrations are kept within limits that are not harmful to the animals.  Where an artificial ventilation systems is used, a supply of fresh air shall be guaranteed in the event of failure of the system; 

                    (7)     All automated and mechanical equipment essential for the animals' health and well-being are inspected at least once daily.  An alarm system should be provided to warn the animal keeper of the failure of any essential automated equipment; 

                    (8)     The animals shall be cared for by a sufficient number of personnel with adequate theoretical and practical knowledge, especially of the management and production system used, to be able to recognize whether the animals appear to be in good health or not, including behavioral changes and whether the total environment is adequate to keep them healthy. 

G.            Slaughter and post-slaughter handling:

                    (1)     Procedures during loading, unloading, shipping, and holding prior to slaughter, must not unduly stress the animal; 

                    (2)     Slaughter must be effected under sanitary conditions, which shall usually mean USDA or NM Livestock Board approved slaughterhouses; 

                    (3)     Animals must be clearly identified in such a manner as to preclude commingling with non-certified meat.  Certified animals should be slaughtered as a separate batch or otherwise kept apart from non-certified animals; 

                    (4)     Slaughter, breaking, packing and labeling must occur at organically certified processing plants, whether the processor takes ownership or not; 

                    (5)     The producer must ensure that organically produced meat does not come in contact with non-organically produced meat; 

                    (6)     The producer must ensure that organically produced meat does not come in contact with any impermissible material or substance; 

                    (7)     If any processing of meat occurs at the farm or ranch operation, the producer must detail how cross contamination is prevented and must list all animal and equipment cleaning compounds. 

H.            Wool

                    (1)     There are no additional production requirements for raw wool.  Wool may be harvested from any wool bearing animal. The producer must detail the manner by which the wool is harvested. 

                    (2)     For finished wool to maintain its organic status, no prohibited synthetic materials may be used in the further processing, dyeing or preparing of the wool.  Any such further processing of the wool must occur at a certified organic processing operation. 

I.              Aquaculture

                    (1)     At this time, NMOCC has no standards for aquaculture.  The USDA/NOP is in the process of establishing national organic aquaculture standards.  When those are finalized and published, they will be considered for adoption by NMOCC. 

J.             Recordkeeping:

                    (1)     In addition to information submitted to the certification agent in the Organic Plan, producers shall keep the following records, as applicable:

                              (a)     Adequate records permitting the Commission to trace each animal, or in the case of poultry, each flock, from birth to slaughter; 

                              (b)     If the livestock is used to produce a product but is not slaughtered, records should still permit the tracking of each animal (or in the case of poultry, each flock) while involved in organic production. 

                              (c)     Adequate records must exist sufficient to permit the Commission to trace the sources and amounts of all feeds, supplements, medication, etc.; 

                              (d)     Records, including receipts, of all applied substances, including fertilizers, soil amendments, pest and disease control substances, growth regulators and weed control agents used on the livestock production land units under organic management; Records should give the location, date, application rates, brand name, manufacturer’s name, and name and address of applicator.  All materials listed with conditions for use must be noted with a description of use, according to the annotations in the National List and in these standards.  Practices that are listed as regulated or restricted must be described. 

                              (e)     Records of all purchased inputs, including feed, feed supplements, minerals, vitamins, vaccinations, etc., as well as any forage crop seeds or similar inputs, with documentation of attempts to source organic or untreated seeds, as applicable. 

                              (f)     Records of all purchased animals, including organic status, intended use (i.e. breeder stock vs. slaughter stock), seller’s name and address, date of purchase and number of animals purchased; 

                              (g)     Livestock product harvest records, storage records, names of buyers, and gross organic sales for the certified operation.  Wholesale sales must have invoices with lot numbers keyed to processing lot numbers, or other audit trail system as approved by the Commission. 

                              (h)     Records that document the management of buffers, including but not limited to: their location; whether forage crops are grown in the buffer; buffer crop harvest, storage and sales; actions taken to prevent commingling non-certified buffer crops with organic crops. 

                              (i)     Notices sent to neighbors, highway officials, etc. regarding the operation’s organic status. 

                              (j)     Documentation or evidence that packages, storage containers and transport vehicles used for organic crops are suitable for organic packaging and/or organic product transport. 

                              (k)     Additional records as required by the Commission. 

                    (2)     Producers shall retain copies of all applicable records for five years from the date when the record was generated, in compliance with the National Organic Program standards. 

                    (3)     With the exception of poultry, if animals are not individually identified by numbered tags, each animal that is treated with an active material must be clearly identified with a tag specifying the material and date of treatment. 

[21.30.1.8 NMAC - Rp 21 NMAC 30.1.8, 8/30/2001]

 

21.30.1.9               MATERIALS LIST

A.            Synthetic substances allowed in organic production:

                    (1)     As disinfectants, sanitizers and medical treatments as applicable:

                              (a)     Ethanol, as sanitizer and disinfectant; 

                              (b)     Isopropanol, as disinfectant only; 

                              (c)     Aspirin; 

                              (d)     Chlorine materials (calcium hypochlorite, chlorine dioxide, sodium hypochlorite), as disinfectants and sanitizers, except that residual chlorine levels in water shall not exceed maximum residual disinfectant limit under the Safe Drinking Water Act; 

                              (e)     Chlorohexidine, for surgical procedures conducted by a veterinarian, also as a teat dip; 

                              (f)     Electrolytes, without antibiotics; 

                              (g)     Glucose; 

                              (h)     Glycerin, as a teat dip, must be produced through the hydrolysis of fats or oils; 

                              (i)     Iodine; 

                              (j)     Hydrogen peroxide; 

                              (k)     Magnesium sulfate; 

                              (l)     Ivermectin parasiticide; 

                              (m)     Phosphoric acid, as an equipment cleaner; 

                              (n)     Vaccines and biologics; 

                              (o)     Lidocaine and Procaine, as local anesthetics, with a 90 day withdrawal period for slaughter stock and 7 day withdrawal period for dairy animals; 

                              (p)     Hydrated lime (Bordeaux mixes); 

                              (q)     Mineral oil, topically and as a lubricant; 

                              (r)     Copper sulfate. 

                    (2)     As feed supplements:

                              (a)     Milk replacers – without antibiotics, as emergency use only, no nonmilk products or products from BST treated animals.   

                    (3)     As feed additives:

                              (a)     Trace minerals, used for enrichment or fortification when FDA approved, including: copper sulfate; magnesium sulfate. 

                              (b)     Vitamins, used for enrichment or fortification when FDA approved; 

                    (4)     As synthetic inert ingredients as classified by the Environmental Protection Agency, for use with nonsynthetic substances or a synthetic substance listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances: EPA List 4 – Inerts of Minimal Concern. 

B.            Amending the National List

                    (1)     Any person may petition the National Organic Standards Board for the purpose of having a substance evaluated by the Board for recommendation to the USDA Secretary for inclusion on or deletion from the National List. 

                    (2)     A person petitioning for amendment of the National List should contact USDA/NOP for details. 

C.            Other Generic and Brand Name Lists: In addition to the National Materials List, there is a list developed by the Organic Materials Review Institute (OMRI), which list covers both generic types of materials and specific brand names.   OMRI does technical reviews of materials against the National List specifications, and for the purpose of these regulations is considered a competent reviewer. For specific generic material or brand name information, persons should visit the OMRI website at: www.omri.org.  Hard copies of the OMRI list are also available from the Commission for a small fee. 

[21.30.1.9 NMAC - N, 8/30/2001]

 

HISTORY of 21.30.1 NMAC:

Pre-NMAC History:

None.

 

History of the Repealed Material:

21 NMAC 30.1, Animals and Animal Industry General Provisions, filed 07/02/98, repealed effective 08/30/2001.