Summary of a Recent
Judicial Development in
National Organic Program

USDA Lacks Jurisdiction to Hear National Organic Program Challenge

Harrison M. Pittman
Staff Attorney

In In re Massachusetts Independent Certification, Inc., OFPA Docket No. 03-0001 (United States Dep't of Agric. Apr. 27, 2004), the United States Department of Agriculture (USDA) held that it lacked jurisdiction to hear a challenge to a USDA decision involving the National Organic Program (NOP) certification requirements.

In July of 2002, The Country Hen (Country Hen), a Massachusetts egg producer, filed an application for organic certification. See id. In October of 2002, petitioner Massachusetts Independent Certification, Inc. (MICI) denied Country Hen's certification application because it determined that Country Hen did not allow its chickens access to the outdoors as required by the NOP. See id. Country Hen appealed MICI's denial to the Administrator of the Agricultural Marketing Service (AMS), the agency authorized to administer the NOP. See id. The Administrator sustained Country Hen's appeal and directed MICI to grant organic certification to Country Hen retroactive to October 21, 2002. See id.

In February of 2003, MICI instituted a proceeding against respondents USDA Secretary Ann Veneman and the AMS Administrator seeking reversal of the Administrator's decision and seeking a reinstatement of MICI's denial of the certification application. See id. On November 4, 2003, an Administrative Law Judge (ALJ) dismissed MICI's complaint for lack of subject matter jurisdiction. See id. MICI appealed the ALJ decision to the USDA National Appeals Division Judicial Officer. See id.

The Judicial Officer dismissed MICI's appeal for lack of jurisdiction. See id. In doing so, it stated the following:

The parties do not cite any law, regulation, or delegation of authority which provides the Judicial Officer with jurisdiction in this proceeding. Moreover, neither the Organic Foods Production Act, the National Organic Program, nor the Secretary's delegations of authority to the Judicial Officer provide the Judicial Officer with jurisdiction in this proceeding.

Id.

For additional information about these proceedings, including access to all of the legal documents filed by the parties and decisions rendered by the Administrator, Administrative Law Judge, and Judicial Officer, visit http://www.flaginc.org/news/MICI/MICI.htm.

The case was decided on April 27, 2004; this summary was posted June 23, 2004.