The Oregon Department of Agriculture has withdrawn its decision to require small dairy operations to apply for a permit usually intended for larger commercial farms. This change came after dairy industry lobbyists complained that some small dairy farms had an unfair competitive advantage over bigger farms that had to follow state regulations and pay annual fees. In its 2023 decision, the state department of agriculture determined small dairy farms met its definition of a CAFO since farmers usually have to confine or tie up cows while they’re being milked.
The rule would have required small dairy farms to install expensive drainage systems, put in wastewater holdings tanks, keep daily records, pay annual fees starting at $125, on top of a $100 application fee, or face fines up to $10,000 if they didn’t comply. Christine Anderson, who milks three cows and owns Cast Iron Farm in Yamhill County, said it just doesn’t make sense to regulate small dairy farms or homesteaders with a handful of cows, sheep, or goats the same way as larger farms.
Wastewater plans and CAFO regulations are necessary for larger farms that produce tons of manure, but smaller dairy farms don’t impact the environment as much as bigger farms do. Sarah King, who runs Godspeed Hollow Farm in Newberg, said that smaller dairy farms serve local communities and families that don’t have food access.
The state agency’s decision follows a lawsuit filed by Anderson, King, and two other dairy farmers. The case seeks to stop the agency from enforcing the regulation, which would have kicked in April 1. Since the withdrawal is only temporary and the department is not conceding that it lacked the power to enforce the new requirements, the lawsuit, filed by the nonprofit Institute for Justice, will continue in federal court.
