[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Page 24527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09963]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules
and Regulations
[[Page 24527]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. AMS-NOP-10-0045; NOP-10-03]
National Organic Program: Notification of Final Guidance on
Products in the ``Made With Organic * * *'' Labeling Category
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notification of availability of final guidance.
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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the
availability of a final guidance document intended for use by
accredited certifying agents and certified organic operations. The
final guidance document is entitled: Products in the ``Made with
Organic ***'' Labeling Category (NOP 5032). This guidance is intended
to inform the public of the National Organic Program's (NOP) current
thinking on this topic.
DATES: The final guidance document announced by this notification of
availability is effective on May 2, 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 January 13, 2011, the National Organic Program (NOP) published
in the Federal Register a notice of availability with request for
public comment on a draft guidance document entitled: Made with Organic
(Specified Ingredients or Food Group(s)) Products--Product Composition
and Use of Percentage Statements (NOP 5032) (76 FR 2328). The draft
guidance addressed the labeling, composition and use of percentage
statements in ``made with organic (specified ingredients or food
group(s))'' products. The topics covered in the draft guidance document
addressed recommendations issued by the National Organic Standards
Board (NOSB) and questions posed by accredited certifying agents and
certified operations about the composition and labeling portions of the
USDA organic regulations (7 CFR 205.301 and 205.304). The draft
guidance document can be viewed on-line at http://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on March 14, 2011.
The NOP received a total of 26 individual comments on the draft
guidance document. Based on the comments received, the NOP revised and
is publishing a final guidance on this topic now entitled: Products in
the ``Made with Organic * * *'' Labeling Category (NOP 5032). This
guidance clarifies the following aspects of products in this labeling
category, referred to as ``made with organic * * *:''
1. Composition;
2. Compliant organic labeling claims;
3. Organic and nonorganic forms of the same ingredient;
4. Percentage of organic ingredients statements; and
5. Ingredients or food groups in the ``made with organic * * *''
claim.
The guidance document includes an appendix (NOP 5032-1) where the NOP
provides a complete discussion of the comments received and the
rationale behind any changes made to the guidance document.
The final guidance document is now available from the NOP through
``The Program Handbook: Guidance and Instructions for Accredited
Certifying Agents and Certified Operations.'' The Program 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/NopProgramHandbook.
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 final guidance document
represents the NOP's current position on this 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 offer
uniform methods for operations that comply with the Organic Foods
Production Act (OFPA), as amended (7 U.S.C. 6501-6522) and USDA organic
regulations, thereby reducing the burden on operators of developing
their own methods and to simplify audits and inspections. Alternative
approaches that can demonstrate compliance with the OFPA 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.
III. Electronic Access
Persons with access to the Internet may obtain a copy of the final
guidance document from 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 notification of
availability.
Authority: 7 U.S.C. 6501-6522.
Dated: April 28, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-09963 Filed 4-30-14; 8:45 am]
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