For USDA, growth in the organic egg market is evidence of “consumer confidence” in the label. For others, that same rapid growth is evidence that the big screened-porch producers are gobbling up an increasing percentage of sales. Curry writes that “a few massive and influential shell companies … that represent just 5 percent of all U.S. egg producers, have dominated organic egg sales. And they do not want to give up their rapidly growing market share or their cost of production advantages from raising millions of birds in multistory aviaries.”

USDA wrote in its initial proposal that it was concerned the proposed rules would hinder growth “in the dynamic, evolving marketplace,” adding that too much regulation can “discourage technological and social innovation, especially by small firms and consumers.”

There’s an argument to be made that it’s not the job of government agencies to take their regulatory cues from the marketplace. Still, what does USDA have to say about the remaining 95 percent of egg farmers—the ones who don’t dominate organic egg sales—and their assertion that a barn containing thousands of cramped chickens isn’t really organic because it doesn’t provide equal “outdoor access”?

The Regulatory Flexibility Act requires that agencies look at the economic impact on small businesses of any change in regulations. But according to USDA, pretty much all egg farms count as small businesses. That’s because by the agency’s definition, any operation that grosses less than $15 million per year counts as a “small” egg producer. So, “Out of 722 operations reporting sales of organic eggs, only four are not small businesses,” the proposed withdrawal read.

Since the big producers are lumped under the “small business” category, it’s their needs USDA considers in responding to the Regulatory Flexibility Act. Requirements of more space for animals would mean the entities that don’t offer their chickens a square foot for every 4 pounds of bird would have to buy land. And the agency found that about half of organic egg production happens in places where buying nearby land to satisfy new regulations is impossible. The proposed regulations, then, would indeed hurt “small” businesses—because, for USDA, there’s no difference between a business that grosses $10,000 and a business that grosses $14,999,999.

For Straus (who has been vocal about his continued support for the organic certification even after a separate decision to allow hydroponics into the program prompted some farmers to criticize the label), organic is still a gold standard in sustainable farming. He told The New Food Economy in December that he was heartened by increased enforcement activity—the National Organic Program had cracked down on standards following negative news reports the summer of 2017—and said he thought the organic label remained critical for many family farmers. “It’s something that will continue to improve,” he said. “I think we all were working on how can we have the best management practices. Yes, there are big farms, and they sometimes skirt the rules, but I think overall we are working toward the same goals and same future.”