The U.S. 9th Circuit Court of Appeals upheld a part of USDA’s organic standards that had been challenged by Pratum Farm, an organic hazelnut farm in Salem, Ore., and its owners Bruce and Paula Kaser.
Pratum Farm argued that a USDA regulation favors foreign imports and allows for a small percentage of farms within the group to undergo on-site inspections.
The U.S. District Court for the District of Oregon dismissed the original lawsuit, and the 9th Circuit Court of Appeals dismissed the appeal by Pratum Farms.
The court determined that Pratum Farms failed to present facts to show injury and does not have an ownership interest in the USDA Organic seal and that the company failed to show the regulation caused competitive injury and imminent economic injury.
“This decision affirms that grower group certification, while managed differently, is still a credible and rigorous form of organic oversight,” the Organic Trade Association wrote in a ruling summary.
