[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Proposed Rules]
[Pages 5415-5416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2377]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 /
Proposed Rules
[[Page 5415]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. AMS-NOP-11-0073; NOP-11-14]
National Organic Program: Notice of Draft Guidance for Accredited
Certifying Agents, Certified Operations, and Non-Certified Handlers of
Certified Organic Products
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of availability with request for comments.
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SUMMARY: The National Organic Program (NOP) is announcing the
availability of a draft guidance document intended for use by
accredited certifying agents, certified operations and non-certified
handlers of certified organic products. The draft guidance document is
entitled as follows: Handling Bulk, Unpackaged Organic Products (NOP
5031).
This draft guidance document is intended to inform the public of
NOP's current thinking on this topic. The NOP is seeking comments on
this draft guidance document. A notice of availability of final
guidance on this topic will be issued upon its final approval. Once
finalized, this guidance document will be available from the NOP
through ``The Program Handbook: Guidance and Instructions for
Accredited Certifying Agents (ACAs) and Certified Operations.'' This
Handbook provides those who own, manage, or certify organic operations
with guidance and instructions that can assist them in complying with
the NOP regulations. The current edition of the Program Handbook is
available online at http://www.ams.usda.gov/nop or in print upon
request.
DATES: To ensure that NOP considers your comment on this draft guidance
before it begins work on the final version of the guidance, submit
written comments on the draft guidance by April 3, 2012.
ADDRESSES: Submit written requests for hard copies of this draft
guidance document to Toni Strother, Agricultural Marketing Specialist,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW.,
Room 2646 So., Ag Stop 0268, Washington, DC 20250-0268. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance documents.
Interested persons may comment on this draft guidance document
using the following procedures:
Internet: http://www.regulations.gov.
Mail: Comments may be submitted by mail to: Toni Strother,
Agricultural Marketing Specialist, National Organic Program, USDA-AMS-
NOP, 1400 Independence Ave. SW., Room 2646 So., Ag Stop 0268,
Washington, DC 20250-0268.
Written comments responding to this request should be identified
with the document number AMS-NOP-11-0073; NOP-11-14. You should clearly
indicate your position and the reasons for your position. If you are
suggesting changes to the draft guidance document, you should include
recommended language changes, as appropriate, along with any relevant
supporting documentation.
USDA intends to make available all comments, including names and
addresses when provided, regardless of submission procedure used, on
www.regulations.gov and at USDA, AMS, NOP, Room 2646-South building,
1400 Independence Ave. SW., Washington, DC, from 9 a.m. to noon and
from 1 to 4 p.m., Monday through Friday (except official Federal
holidays). Persons wanting to visit the USDA South building to view
comments from the public to this notice are requested to make an
appointment by calling (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Melissa R. Bailey, Ph.D., Director,
Standards Division, National Organic Program (NOP), USDA-AMS-NOP, 1400
Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC
20250-0268, Telephone: (202) 720-3252, Email:
NOP.guidance@ams.usda.gov, or visit the NOP Web site at:
www.ams.usda.gov/nop.
SUPPLEMENTARY INFORMATION:
I. Background
The NOP selected the topic for the draft guidance announced through
this notice in response to a recommendation issued by the National
Organic Standards Board (NOSB) in October 2010. On October 28, 2010,
the NOSB finalized a recommendation requesting that the NOP clarify the
requirements and limitations of 7 CFR 205.101(b) of the NOP
regulations.\1\ This section of the regulations addresses the
conditions that a handling operation must meet in order to be excluded
from the organic certification requirements of Part 205. The NOSB
recommended that NOP issue guidance to clarify how these conditions
apply to handlers of bulk, unpackaged organic products. The NOP is
responding to this recommendation by issuing draft guidance to outline
the types of handling operations that are or are not excluded from
organic certification. The draft guidance proposes that brokers,
traders or distributors of bulk, unpackaged organic commodities or
livestock are not excluded from certification and, therefore, must be
certified organic operations.
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\1\ NOSB Recommendation: Clarifying Limitations of Sec.
205.101(b). Issued on October 28, 2010. Accessible on the NOP Web
site at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5087789&acct=nosb.
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II. Significance of Guidance
This draft guidance document is being issued in accordance with the
Office of Management and Budget (OMB) Bulletin on Agency Good Guidance
Practices (GGPs) (January 25, 2007, 72 FR 3432-3440).
The purpose of GGPs is to ensure that program guidance documents
are developed with adequate public participation, are readily available
to the public, and are not applied as binding requirements. The draft
guidance, when finalized, will represent the NOP's current thinking on
the topic. It does not create or confer any rights for, or on, any
person and does not operate to bind the NOP or the public. Guidance
documents are intended to provide a uniform method for operations to
comply that can reduce the burden of developing their own methods and
simplify audits and inspections. Alternative approaches that can
demonstrate compliance with the Organic Foods Production Act (OFPA), as
amended (7 U.S.C. 6501-
[[Page 5416]]
6522), and its implementing regulations are also acceptable. As with
any alternative compliance approach, the NOP strongly encourages
industry to discuss alternative approaches with the NOP before
implementing them to avoid unnecessary or wasteful expenditures of
resources and to ensure the proposed alternative approach complies with
the Act and its implementing regulations.
Electronic Access
Persons with access to Internet may obtain the draft guidance at
either NOP's Web site at http://www.ams.usda.gov/nop or http://www.regulations.gov. Requests for hard copies of the draft guidance
documents can be obtained by submitting a written request to the person
listed in the ADDRESSES section of this Notice.
Authority: 7 U.S.C. 6501-6522.
Dated: January 30, 2012.
Robert C. Keeney,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-2377 Filed 2-2-12; 8:45 am]
BILLING CODE 3410-02-P