The board's suggested new wording spells out that the animals graze on pasture during the growing season. They also specify that only cows in certain stages of life (younger than 6 months or any cows that are ill) be kept inside. Current wording says that cows in certain "stages of production" may be kept inside. Kastel and others say that larger farms have been interpreting that rule to mean that lactating cows may be kept inside.
One thing the new wording does not spell out, however, is just how much dairy cows need to graze on pasture to be considered organic. To address this issue, the board released a guidance statement to try and begin to detail pasture requirements for organic dairy cows.
The statement, which has been posted for public comment, suggests that pasture requirements would either stipulate that a minimum of 30 percent of an organic dairy cow's dry food intake over 120 days be from pasture grazing. Or, alternatively, the board suggested the requirements be based on regional soil standards that are already determined by the Natural Resources Conservation Service.
The latter rule would presumably mean that cows in drier regions would have less pasture requirements that those in areas with richer soil.
Officers at Aurora Organic Dairy in Boulder, Colo., have argued that soil and pasture quality by region is an important point when it comes to grazing. Aurora Organic Dairy is one of the largest organic dairy farms in the country, with some 4,250 milking cows. It, along with Horizon Organic Dairy, has been the main targets of allegations from smaller organic farmers.
Aurora's representatives refused to speak on the record about the matter, but in past interviews, Mark Retzloff, Aurora Organic's president, has pointed out that the region in Colorado where Aurora is based has generally drier and less fertile pasture than, say, farms in Vermont. He argued it is better to use the limited fertile land to raise organic grain to feed their cows, rather than as pasture.
Clark Driftmier, Aurora's senior vice president of marketing, released a statement saying: "Our company is in full compliance with the NOP rules as currently interpreted. Looking to the future, we are developing both short-term and longer-term plans to significantly increase the amount of pasture available to all of our cows at every state of life and reproduction, including during lactation."
One of Aurora Organic's mottos is "We make organic goodness affordable," since its larger farm size allows the company to reduce its price for organic dairy products. But even Aurora's organic dairy products generally cost more than their nonorganic counterparts.
A key question is: What are consumers paying for when they turn over the extra cash for organic products?
If the issue is health, some point to studies showing that milk produced by grass-fed cows contains a boost in the amount of an essential fatty acid known as conjugated linoleic acid, or CLA.
On the other hand, even those organic milk brands that promise grass-fed cows often super-pasteurize their products to extend their shelf life since they collect the milk from a widely dispersed collection of small farms. Other studies have argued the ultra-pasteurization process steals more vitamins and healthy bacteria from the product than normal pasteurization.
Either way, all organic dairy companies offer consumers the promise of a product from organically fed, growth hormone-free cows.
Health issues aside, others may be buying organic milk to support the idea of a humane farm with "happy" cows. If that's the case, Karreman says it's important that the USDA standards are clear enough to ensure that organic dairy products deliver on that promise.
"There is a perception that this milk comes from happy cows on grass," he said. "I think we need to confirm that perception instead of undercutting it."