Oregon’s small dairy farms can breathe a sigh of relief as the Oregon Department of Agriculture (ODA) retracts its proposal to subject them to a policy change that many farmers deemed overly burdensome. The decision, announced on Thursday, rescinds the requirement for small dairy operations to apply for permits typically designed for larger commercial farms.
The controversy stemmed from the ODA’s reinterpretation last year of the definition of a confined animal feeding operation (CAFO), which included small dairy farms. A CAFO permit entails an enforceable plan for farms to safeguard surface and groundwater from pollution, such as cow manure.
This reinterpretation came after complaints from dairy industry lobbyists, who argued that smaller dairy farms enjoyed an unfair competitive advantage over larger counterparts, which had to adhere to state regulations and pay annual fees.
According to Christine Anderson, owner of Cast Iron Farm in Yamhill County, the ODA’s 2023 decision categorized small dairy farms as CAFOs due to the common practice of confining cows during milking. Even if cows spent most of their day on pasture and were only briefly housed in a barn, they were considered confined if they crossed a concrete floor, Anderson explained.
The proposed rule would have necessitated costly drainage systems, wastewater holding tanks, daily record-keeping, and annual fees starting at $125, alongside a $100 application fee. Non-compliance could result in fines up to $10,000.
Anderson emphasized the impracticality of subjecting small dairy farms and homesteaders with a few cows, sheep, or goats to the same regulations as larger farms, noting the absence of lobbying support for such operations.
Sarah King, owner of Godspeed Hollow Farm in Newberg, echoed Anderson’s sentiments, highlighting the distinct role of small farms in serving local communities and ensuring food access for families.
While the ODA declined to comment on the matter, it stated in a release that it was retracting its policy, particularly the provision that milking animals in a barn or washing milking equipment would trigger a CAFO permit requirement. The reversal follows a lawsuit filed by Anderson, King, and two other dairy farmers seeking to halt enforcement of the regulation, which was slated to take effect on April 1.
