   
  
G/TBT/N/USA/1910/Add.3  
 
14 December 2023  
(23-8571) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  14 December 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  National Organic Program (NOP); Organic Livestock and Poultry Standards  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
Delay of effective date to 12 January 2024 and update of compliance date to 2 January 
2025 (with exceptions):  
88 Federal Register (FR) 86259, Title 7 Code of Federal Regulations (CFR) Part 205:  
https://www.govinfo.gov/content/pkg/FR -2023-12-13/html/2023 -27255.htm  
https://www.govinfo.gov/content/pkg/FR -2023-12-13/pdf/2023 -27255.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_14528_00_e.pdf  
 
Description:  The Agricultural Marketing Service (AMS) is delaying the effective date of the Organic 
Livestock and Poultry Standards (OLPS) final rule, published on 2 November 2023, to meet the 
requirements of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional 
Review Act (CRA)). The CRA requires that agencies provide Congress with at leas t 60 days to review 
a major rule before it takes effect. For the OLPS final rule, AMS provided the required notice to 
Congress on 13 November 2023, after publication of the rule. Therefore, the published effective date 
did not provide 60 days for congressi onal review. This final rule delays the effective date of the OLPS 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1910/Add.3  
 
- 2 - 
 
  final rule by 10 days to meet the 60 -day requirement. AMS is making a technical correction to the 
compliance date of 5 January 2029, for indoor and outdoor stocking density requirements and  soil 
and vegetation requirements for broiler operations to 2 January 2029. All other compliance dates of 
the OLPS final rule remain unchanged. Additionally, in acknowledgement of the U.S. Government 
Accountability Office assessment of the final rule, AMS confirms that the Administrative Pay -As-You-
Go Act of 2023 does not apply to the OLPS final rule because it does not increase direct spending.  
Effective date: The effective date of the Organic Livestock and Poultry Standards final rule amending 
7 CFR part 205, published at 88 FR 75394  on 2 November 2023, is delayed until 12 January 2024.  
Compliance dates: All organic operations must comply w ith the requirements of the OLPS final rule 
by 2 January 2025, except:  
(1) Currently certified organic layer operations and layer operations that are certified before 2 
January 2025, must comply with Sec. 205.241(c)(2), (4), and (5), concerning outdoor sto cking 
density requirements and soil and vegetation requirements, by 2 January 2029.  
(2) Currently certified organic broiler operations and broiler operations that are certified before 2 
January 2025, must comply with Sec. 205.241(b)(10) and (c)(2) and (6),  concerning indoor and 
outdoor stocking density requirements and soil and vegetation requirements, by 2 January 2029.  
(3) Currently certified organic poultry operations and poultry operations that are certified before 2 
January 2025, must comply with Sec. 205.241(b)(4), concerning poultry house exit area 
requirements, by 2 January 2029.  
Title 7 Code of Federal Regulations (CFR) Part 205  
This action and previous actions notified under the symbol G/TBT/N/USA/1910  are identified by 
Docket Number AMS -NOP-21-0073. The Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/AMS -NOP-21-0073/document  and provides access to primary 
and supporting documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number.  
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