09
Jun
USDA Proposes To Rescind Organic Regulations for Pet Food and Mushrooms, Comments Due June 11
(Beyond Pesticides, June 9, 2025) The U.S. Department of Agriculture (USDA) is rescinding rulemaking it adopted December 23, 2024 on organic pet food and mushrooms. The agency requests comments on the rescission and “all aspects of the proposal” by June 11, 2025, at 11:59pm Eastern. The proposal to regulate organic pet food and mushrooms began in 1995, but USDA subsequently delayed implementation until March 21, 2025. As required by the Organic Foods Production Act (OFPA), the rule was promulgated based on recommendations by the National Organic Standards Board after receiving public comment.
USDA’s action arbitrarily removes long-awaited standards for organic mushrooms and pet food. Although the final standards are not perfect, they provide a regulatory framework for certifiers and provide producers with access to this market and the organic premiums it offers. In a blatant disregard for regulatory process, the USDA rescission of the rule without consulting the NOSB—and without giving any reasons for doing so—is a dangerous violation of the process established by OFPA and sets a harmful precedent for the development of organic standards.
Mushrooms. Mushrooms are fungi, a separate biological kingdom from plants and animals. Whereas plants make their own energy through photosynthesis and over 95% of their bodies are comprised of carbon, oxygen, and hydrogen gained from carbon dioxide and water (with less than 5% comprised of nutrients gleaned from soil), fungi are comprised entirely of digested substrate. In this sense, fungi are more similar to animals than plants. Obviously, they are a poor fit for the livestock standards, which require outdoor access and attention to animal welfare. But because of their unique biology and heterotrophic nature, they are a poor fit for the crop standards as well. Fungi need standards that reflect their unique biology and can foster consistency in their cultivation and certification.
In 2001, the NOSB recommended that organic mushrooms must be grown on organic substrate. Since fungi are composed of digested substrate, only mushrooms grown on organic substrate—manure derived from organic sources or untreated wood that is grown without prohibited substances—can validly claim the organic seal.
Pet Food. USDA’s Agricultural Marketing Service (AMS), which houses the National Organic Program (NOP), promulgated a long-overdue organic pet food standard. Industries are being created around organic pet foods, and delays in proposing a rule have limited market development. Inconsistencies between certifiers of what might and might not be allowed have created market uncertainty. Rescinding the rule will shrink a struggling organic pet food sector, which has declined from $125 million in 2015 to just $104 million in 2024.
Improvements. While the standards for organic mushrooms are long overdue, there are also some organic fungal products in the marketplace that are not mushrooms, such as drink powders made from lion’s mane mycelium, as well as the fruiting body and mycelium extract dietary supplements. Yeasts produced for direct consumption (such as nutritional yeast) are currently overseen as organic handling, but would fit better under a separate fungi scope. Framing new production standards to include only mushrooms unnecessarily excludes these products from certification (or leaves them without consistent production standards) and makes it harder for future innovative products to become certified. Conversely, framing new production standards to include all fungi would not only provide a better fit for current organic fungal products, but also provide ample room for additional markets to develop.
Although organic pet food production should be brought into conformance with livestock standards, while permitting meat to be used, the allowance of any synthetic material to be added to pet food must be based on a recommendation from the NOSB that, in accordance with the Organic Foods Production Act, specifies the species that will be consuming the food. Not all species require the same amino acid profile or mineral supplements. By law, organic regulations limit the use of synthetic materials in organic products to only those that are necessary for designated uses. Annotations for pet food materials by specific species are necessary to put guardrails around the use of National List materials that define allowable synthetic substances (subject to chemical change) in accordance with the law. For example, while the science is clear that carnivorous pets, especially cats, require taurine, the question of whether there is a natural source must be addressed.
Beyond Pesticides is urging the public to Tell USDA to reinstate and improve the final rule on organic mushroom and pet food production.
The target for this Action is the U.S. Department of Agriculture via Regulations.gov [AMS-NOP-22-0063-3399].
Suggested comment to USDA:
On December 23, 2024, USDA completed rulemaking on mushrooms and pet food begun in 1995, then subsequently delayed implementation until March 21, 2025. As required by the Organic Foods Production Act (OFPA), the rule was promulgated based on recommendations by the National Organic Standards Board after receiving public comment. Now USDA is rescinding the regulations. The agency requests comments on the rescission and “all aspects of the proposal.”
I support reinstating the regulations. I also suggest some improvements.
USDA’s action arbitrarily removes long-awaited standards for organic mushrooms and pet food. Although the final standards are not perfect, they provide a regulatory framework for certifiers and provide producers with access to this market and the organic premiums it offers. Importantly, USDA’s proposal to rescind the rule without consulting the NOSB—and without giving any reasons for doing so—is a dangerous violation of the process established by OFPA and sets a harmful precedent for the development of organic standards.
Mushrooms. Fungi comprise a separate biological kingdom from plants and animals. Whereas plants make their own energy through photosynthesis and over 95% of their bodies are derived from carbon dioxide and water (with less than 5% of nutrients coming from soil), fungi are comprised entirely of digested substrate. In this sense, fungi are more like animals than plants. But they are a poor fit for livestock standards, which require outdoor access and attention to animal welfare. Because of their unique biology and heterotrophic nature, they are a poor fit for the crop standards. Rules must recognize their unique biology to foster consistency in their cultivation and certification.
Pet Food. AMS promulgated a long overdue organic pet food standard. Industries are being created around organic pet foods, and delays in proposing a rule have limited market development. Rescinding the rule will threaten a struggling organic pet food sector, which has declined from $125 million in 2015 to just $104 million in 2024.
Improvements. While the standards for organic mushrooms are long overdue, there are also some organic fungal products in the marketplace that are not mushrooms, such as drink powders and dietary supplements made from mycelium and fruiting bodies. Framing new production standards to include only mushrooms unnecessarily excludes these products from certification (or leaves them without consistent production standards) and makes it harder for future innovative products to become certified. Conversely, framing new production standards to include all fungi would not only provide a better fit for current organic fungal products, but provide ample room for additional markets to develop. Yeasts produced for direct consumption (such as nutritional yeast) are currently overseen as organic handling, but would fit better under a separate fungi scope.
Although I support the organic pet food rule, the allowance of any synthetic material to be added to pet food must be based on a recommendation from the NOSB that, in accordance with OFPA, specifies the species that will be consuming the food. By law, organic regulations limit the use of synthetic materials in organic products to only those that are necessary for designated uses. Not all species require the same amino acid profile or mineral supplements. For example, while the science is clear that carnivorous pets, especially cats, require taurine, the question of whether there is a natural source must be addressed.
Thank you.
