[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Rules and Regulations]
[Pages 3301-3302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01071]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 /
Rules and Regulations
[[Page 3301]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-11-0073; NOP-11-14]
National Organic Program: Notice of Final Guidance on
Certification Requirements for Handling Unpackaged Organic Products
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of availability of final guidance.
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SUMMARY: The National Organic Program (NOP) is announcing the
availability of a final guidance document intended for use by
accredited certifying agents, certified operations and non-certified
handlers of certified organic products. The guidance document is
entitled: Certification Requirements for Handling Unpackaged Organic
Products (NOP 5031). This guidance document is intended to inform the
public of NOP's current thinking on this topic.
DATES: The final guidance document announced by this notice is
effective on January 22, 2014.
FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director,
Standards Division, National Organic Program, USDA-AMS-NOP, 1400
Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC
20250, Email: [email protected]; Telephone: (202) 720-3252;
Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
On February 3, 2012, the National Organic Program (NOP) published
in the Federal Register a notice of availability with request for
public comment on a draft guidance document addressing the
certification requirements for handlers of unpackaged products (76 FR
5415). The NOP selected the topic for the draft guidance in response to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 section 205.101(b) of the USDA organic
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 7 CFR Part 205. The NOSB
recommended that the NOP issue guidance to clarify how these conditions
apply to handlers of bulk, unpackaged organic products. The draft
guidance can be viewed on the NOP Web site at http://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on April 3, 2012.
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\1\ NOSB Recommendation: Clarifying Limitations of Sec.
205.101(b). Issued on October 28, 2010. Available on the NOP Web
site at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5087789&acct=nosb.
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NOP received approximately 25 individual comments on the draft
guidance document. Based upon the comments received, the NOP revised
and is publishing a final guidance document on Certification
Requirements for Handling Unpackaged Organic Products (NOP 5031). The
guidance document includes an appendix (NOP 5031-1) where the NOP
provides a complete discussion of the comments received and the
rationale behind any changes made to the guidance documents.
In addition to responding to the NOSB's October 2010
recommendation, this final guidance addresses a finding from a February
2012 Office of Inspector General (OIG) audit and a July 2013 OIG audit
on organic milk.\2\ The OIG audits stated that the NOP needs to ensure
that organic milk is not coming into contact with prohibited substances
while being transported. In OIG's recommendations, it stated that the
NOP should ensure that transporters are either certified or included in
the responsible parties' Organic System Plan (OSP).
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\2\ February 2012 OIG Audit on National Organic Program: Organic
Milk. Available on the NOP Web site at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5100590. July 2013 OIG Audit on
National Organic Program: Organic Milk. Available from OIG at:
http://www.usda.gov/oig/webdocs/01601-0002-32.pdf.
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In response to the OIG, this final guidance clarifies that
transporters of unpackaged bulk products such as organic milk are not
considered handlers under the USDA organic regulations and, therefore,
do not need to obtain certification. The guidance states that it is the
certified organic operation responsible for the organic products that
are transported who must prevent commingling and contamination of the
organic products during transportation, fully describe the
transportation practices in their organic system plan, maintain
sufficient records for the auditing and traceability of transported
organic products, and ensure that the transportation records for
organic products are available for inspection. This approach ensures
that certifying agents have oversight regarding the transport of
unpackaged organic products through their certified operations and can
ensure that prohibited substances have not come into contact with these
products through a complete, verifiable audit trail.
The final guidance is 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 USDA organic
regulations. The current edition of the Program Handbook is available
online at http://www.ams.usda.gov/nop.
II. Significance of Guidance
This final 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. This guidance represents 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
[[Page 3302]]
method for operations to comply with the Organic Foods Production Act
(OFPA) and the USDA organic regulations that can reduce the burden of
developing their own methods and simplify audits and inspections.
Alternative approaches that can demonstrate compliance with the OFPA,
as amended (7 U.S.C. 6501-6522), 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 OFPA and its implementing regulations.
Electronic Access
Persons with access to Internet may obtain the final guidance at
the NOP's Web site at http://www.ams.usda.gov/nop. Request for hard
copies of the final guidance document can be obtained by submitting a
written request to the person listed in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
Authority: 7 U.S.C. 6501-6522.
Dated: January 15, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-01071 Filed 1-17-14; 8:45 am]
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