81_FR_2077 81 FR 2067 - National Organic Program: Notice of Final Guidance on Substances Used in Post-Harvest Handling of Organic Products

81 FR 2067 - National Organic Program: Notice of Final Guidance on Substances Used in Post-Harvest Handling of Organic Products

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2067-2068
FR Document2016-00678

The National Organic Program (NOP) is announcing the availability of a final guidance document intended for use by accredited certifying agents, and certified and exempt organic operations. The guidance document is entitled: Substances Used in Post- Harvest Handling of Organic Products (NOP 5023). This guidance document is intended to inform the public of NOP's current thinking on this topic.

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2067-2068]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00678]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules 
and Regulations

[[Page 2067]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-14-0012; NOP-14-03]


National Organic Program: Notice of Final Guidance on Substances 
Used in Post-Harvest Handling of Organic Products

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of final guidance.

-----------------------------------------------------------------------

SUMMARY: The National Organic Program (NOP) is announcing the 
availability of a final guidance document intended for use by 
accredited certifying agents, and certified and exempt organic 
operations. The guidance document is entitled: Substances Used in Post-
Harvest Handling of Organic Products (NOP 5023). 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 document is 
effective on January 19, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Standards Division, 
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., 
Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 
720-3252, Email: [email protected]; Telephone: (202) 260-9294.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 25, 2014, 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 permitted 
substances that may be used in post-harvest handling of organic 
products (79 FR 22886). The NOP selected the topic for the guidance 
document announced through this notice in response to questions raised 
by certifiers and organic operations. These stakeholders requested that 
the NOP clarify the requirements and limitations regarding the 
substances permitted in post-harvest handling. The NOP also discussed 
and received feedback on this topic at a training session for 
certifiers in Portland, Oregon, in February 2011. The draft NOP 
guidance can be viewed on the NOP Web site at http://www.ams.usda.gov/rules-regulations/organic. The 60-day comment period closed on June 24, 
2014.
    NOP received 10 comments on the draft guidance document. Based upon 
the comments received, the NOP revised and is publishing a final 
guidance document on Substances Used in Post-Harvest Handling of 
Organic Products (NOP 5023). The guidance document includes an appendix 
(NOP 5023-1) where the NOP provides a complete discussion of the 
comments received and the rationale behind any changes made to the 
guidance documents.
    This final guidance clarifies the USDA organic regulations 
regarding substances used in post-harvest handling activities such as 
washing, packing and storage of organic products. There is no discrete 
section of the National List of Allowed and Prohibited Substances 
(National List) (7 CFRs 205.600 through 205.607) designated for 
substances used in these post-harvest handling activities. Instead, the 
substances allowed for use in post-harvest handling appear in different 
sections of the National List (e.g., section 205.601 for crop 
production, section 205.605 for processing), or are nonsynthetic 
substances, and are therefore not included on the National List for 
crop production. This has led to confusion about the point at which 
crop production for unprocessed commodities ends, when processing 
starts, and which substances may be used for post-harvest activities 
that may occur on farm or in a processing facility.
    This final guidance provides information to all USDA-accredited 
certifying agents (certifiers) and certified and exempt organic 
operations about substances that may be used in post-harvest handling 
of organic products. More specifically, this final guidance clarifies: 
(1) What substances may be used for post-harvest handling; (2) the 
difference between ``post-harvest handling of raw agricultural 
commodities'' and ``further processing''; and (3) the regulatory 
requirements for facility pest management. This guidance also defines 
post-harvest substances and post-harvest handling.
    This 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/rules-regulations/organic/handbook.

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 represents 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. 
6501-6522), and its implementing regulations are also acceptable. As 
with any alternative compliance approach, NOP strongly encourages 
industry to discuss alternative approaches with 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.

[[Page 2068]]

III. Electronic Access

    Persons with access to Internet may obtain the final guidance at 
the USDA Agricultural Marketing Service Web site at http://www.ams.usda.gov/rules-regulations/organic. 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 11, 2016.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-00678 Filed 1-14-16; 8:45 am]
 BILLING CODE 3410-02-P



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                                           Rules and Regulations                                                                                          Federal Register
                                                                                                                                                          Vol. 81, No. 10

                                                                                                                                                          Friday, January 15, 2016



                                           This section of the FEDERAL REGISTER                    in post-harvest handling of organic                    clarifies: (1) What substances may be
                                           contains regulatory documents having general            products (79 FR 22886). The NOP                        used for post-harvest handling; (2) the
                                           applicability and legal effect, most of which           selected the topic for the guidance                    difference between ‘‘post-harvest
                                           are keyed to and codified in the Code of                document announced through this                        handling of raw agricultural
                                           Federal Regulations, which is published under           notice in response to questions raised by
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                                                                          commodities’’ and ‘‘further processing’’;
                                                                                                   certifiers and organic operations. These               and (3) the regulatory requirements for
                                           The Code of Federal Regulations is sold by              stakeholders requested that the NOP                    facility pest management. This guidance
                                           the Superintendent of Documents. Prices of              clarify the requirements and limitations               also defines post-harvest substances and
                                           new books are listed in the first FEDERAL               regarding the substances permitted in                  post-harvest handling.
                                           REGISTER issue of each week.                            post-harvest handling. The NOP also
                                                                                                                                                            This final guidance is available from
                                                                                                   discussed and received feedback on this
                                                                                                                                                          the NOP through ‘‘The Program
                                                                                                   topic at a training session for certifiers
                                           DEPARTMENT OF AGRICULTURE                                                                                      Handbook: Guidance and Instructions
                                                                                                   in Portland, Oregon, in February 2011.
                                                                                                                                                          for Accredited Certifying Agents (ACAs)
                                                                                                   The draft NOP guidance can be viewed
                                           Agricultural Marketing Service                          on the NOP Web site at http://                         and Certified Operations’’. This
                                                                                                   www.ams.usda.gov/rules-regulations/                    Handbook provides those who own,
                                           7 CFR Part 205                                          organic. The 60-day comment period                     manage, or certify organic operations
                                           [Document Number AMS–NOP–14–0012;                       closed on June 24, 2014.                               with guidance and instructions that can
                                           NOP–14–03]                                                NOP received 10 comments on the                      assist them in complying with the
                                                                                                   draft guidance document. Based upon                    USDA organic regulations. The current
                                           National Organic Program: Notice of                     the comments received, the NOP revised                 edition of the Program Handbook is
                                           Final Guidance on Substances Used in                    and is publishing a final guidance                     available online at http://
                                           Post-Harvest Handling of Organic                        document on Substances Used in Post-                   www.ams.usda.gov/rules-regulations/
                                           Products                                                Harvest Handling of Organic Products                   organic/handbook.
                                           AGENCY: Agricultural Marketing Service,                 (NOP 5023). The guidance document                      II. Significance of Guidance
                                           USDA.                                                   includes an appendix (NOP 5023–1)
                                           ACTION: Notice of availability of final                 where the NOP provides a complete                         This final guidance document is being
                                           guidance.                                               discussion of the comments received                    issued in accordance with the Office of
                                                                                                   and the rationale behind any changes                   Management and Budget (OMB)
                                           SUMMARY:   The National Organic                         made to the guidance documents.                        Bulletin on Agency Good Guidance
                                           Program (NOP) is announcing the                           This final guidance clarifies the                    Practices (GGPs) (January 25, 2007, 72
                                           availability of a final guidance                        USDA organic regulations regarding                     FR 3432–3440).
                                           document intended for use by                            substances used in post-harvest
                                           accredited certifying agents, and                                                                                 The purpose of GGPs is to ensure that
                                                                                                   handling activities such as washing,
                                           certified and exempt organic operations.                                                                       program guidance documents are
                                                                                                   packing and storage of organic products.
                                           The guidance document is entitled:                                                                             developed with adequate public
                                                                                                   There is no discrete section of the
                                           Substances Used in Post-Harvest                                                                                participation, are readily available to the
                                                                                                   National List of Allowed and Prohibited
                                           Handling of Organic Products (NOP                                                                              public, and are not applied as binding
                                                                                                   Substances (National List) (7 CFRs
                                           5023). This guidance document is                                                                               requirements. This final guidance
                                                                                                   205.600 through 205.607) designated for
                                           intended to inform the public of NOP’s                  substances used in these post-harvest                  represents NOP’s current thinking on
                                           current thinking on this topic.                         handling activities. Instead, the                      the topic. It does not create or confer
                                           DATES: The final guidance document                      substances allowed for use in post-                    any rights for, or on, any person and
                                           announced by this document is effective                 harvest handling appear in different                   does not operate to bind the NOP or the
                                           on January 19, 2016.                                    sections of the National List (e.g.,                   public. Guidance documents are
                                           FOR FURTHER INFORMATION CONTACT: Paul                   section 205.601 for crop production,                   intended to provide a uniform method
                                           Lewis, Ph.D., Standards Division,                       section 205.605 for processing), or are                for operations to comply that can reduce
                                           National Organic Program, USDA–                         nonsynthetic substances, and are                       the burden of developing their own
                                           AMS–NOP, 1400 Independence Ave.                         therefore not included on the National                 methods and simplify audits and
                                           SW., Room 2642–S., Ag Stop 0268,                        List for crop production. This has led to              inspections. Alternative approaches that
                                           Washington, DC 20250–0268.                              confusion about the point at which crop                can demonstrate compliance with the
                                           Telephone: (202) 720–3252, Email:                       production for unprocessed                             Organic Foods Production Act (OFPA),
                                           PaulI.Lewis@ams.usda.gov; Telephone:                    commodities ends, when processing                      as amended (7 U.S.C. 6501–6522), and
                                           (202) 260–9294.                                         starts, and which substances may be                    its implementing regulations are also
                                           SUPPLEMENTARY INFORMATION:                              used for post-harvest activities that may              acceptable. As with any alternative
                                                                                                   occur on farm or in a processing facility.             compliance approach, NOP strongly
                                           I. Background                                             This final guidance provides                         encourages industry to discuss
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                                              On April 25, 2014, the National                      information to all USDA-accredited                     alternative approaches with NOP before
                                           Organic Program (NOP) published in the                  certifying agents (certifiers) and certified           implementing them to avoid
                                           Federal Register a notice of availability               and exempt organic operations about                    unnecessary or wasteful expenditures of
                                           with request for public comment on a                    substances that may be used in post-                   resources and to ensure the proposed
                                           draft guidance document addressing the                  harvest handling of organic products.                  alternative approach complies with the
                                           permitted substances that may be used                   More specifically, this final guidance                 Act and its implementing regulations.


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                                           2068               Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations

                                           III. Electronic Access                                  2141. Contact telephone number is (202)                   C. Summary of the Major Provisions of the
                                                                                                   272–8377.                                                    Regulatory Action
                                              Persons with access to Internet may                                                                            D. Cost and Benefits
                                           obtain the final guidance at the USDA                   SUPPLEMENTARY INFORMATION: DHS is                      II. Background
                                           Agricultural Marketing Service Web site                 revising its regulations affecting: (1)                   A. Current Framework
                                           at http://www.ams.usda.gov/rules-                       Highly skilled workers in the                             B. Proposed Rule
                                           regulations/organic. Requests for hard                  nonimmigrant classifications for                          C. Final Rule
                                           copies of the draft guidance documents                  specialty occupation from Chile,                       III. Public Comments on the Proposed Rule
                                           can be obtained by submitting a written                 Singapore (H–1B1), and Australia (E–3);                   A. Summary of Public Comments
                                           request to the person listed in the                     (2) the immigrant classification for                      B. General Comments
                                                                                                   employment-based first preference (EB–                    1. Support
                                           ADDRESSES section of this Notice.
                                                                                                                                                             2. Oppose
                                              Authority: 7 U.S.C. 6501–6522.                       1) outstanding professors and                             C. Employment Authorization for E–3 and
                                                                                                   researchers; and (3) nonimmigrant                            H–1B1 Nonimmigrants
                                             Dated: January 11, 2016.                              workers in the Commonwealth of the                        1. Employment authorization incident to
                                           Erin Morris,                                            Northern Mariana Islands (CNMI)-Only                         status with a specific employer
                                           Associate Administrator, Agricultural                   Transitional Worker (CW–1)                                2. Continued employment authorization
                                           Marketing Service.                                      classification.                                              while a timely extension of stay request
                                           [FR Doc. 2016–00678 Filed 1–14–16; 8:45 am]                Specifically, in this final rule, DHS is                  is pending
                                           BILLING CODE 3410–02–P                                  amending its regulations to include H–                    D. Employment Authorization for CW–1
                                                                                                                                                                Nonimmigrants While a Timely Filed
                                                                                                   1B1 and principal E–3 classifications in
                                                                                                                                                                Extension of Stay Request is Pending
                                                                                                   the list of classes of foreign nationals                  E. Application Requirement for E–3 and H–
                                           DEPARTMENT OF HOMELAND                                  authorized for employment incident to                        1B1 Nonimmigrants Requesting Changes
                                           SECURITY                                                status with a specific employer, and to                      of Status or Extensions of Stay
                                                                                                   clarify that H–1B1 and principal E–3                      F. Comparable Evidence for EB–1
                                           8 CFR Parts 204, 214, 248, and 274a                     nonimmigrants are allowed to work                            Outstanding Professors and Researchers
                                           [CIS No. 2515–11; DHS Docket No. USCIS–                 without having to separately apply to                     1. Support
                                           2012–0005]                                              DHS for employment authorization.                         2. Oppose
                                                                                                      DHS is also amending the regulations                   3. Suggestion for other evidence
                                           RIN 1615–AC00                                                                                                     G. Miscellaneous Comments
                                                                                                   to provide H–1B1 and principal E–3                     IV. Statutory and Regulatory Requirements
                                           Enhancing Opportunities for H–1B1,                      nonimmigrants with authorization for                      A. Executive Orders 12866 and 13563
                                           CW–1, and E–3 Nonimmigrants and                         continued employment with the same                        1. E–3 and H–1B1 nonimmigrant workers
                                           EB–1 Immigrants                                         employer if the employer has timely                       2. CW–1 nonimmigrant workers
                                                                                                   filed for an extension of the                             3. EB–1 outstanding professors and
                                           AGENCY:  U.S. Citizenship and                           nonimmigrant’s stay. DHS is providing                        researchers
                                           Immigration Services, Department of                     this same authorization for continued                     B. Regulatory Flexibility Act
                                           Homeland Security.                                      employment for CW–1 nonimmigrants if                      C. Unfunded Mandates Reform Act of 1995
                                           ACTION: Final rule.                                     a petitioner has timely filed a Petition                  D. Small Business Regulatory Enforcement
                                                                                                                                                                Fairness Act of 1996
                                                                                                   for a CNMI-Only Nonimmigrant                              E. Executive Order 13132
                                           SUMMARY:    In this final rule, the                     Transitional Worker, Form I–129CW, or
                                           Department of Homeland Security                                                                                   F. Executive Order 12988
                                                                                                   successor form requesting an extension                    G. Paperwork Reduction Act
                                           (DHS) is revising its regulations                       of stay.
                                           affecting: highly skilled workers in the
                                                                                                      In addition, DHS is updating the                    I. Executive Summary
                                           nonimmigrant classifications for
                                                                                                   regulations describing the filing
                                           specialty occupation from Chile,                                                                               A. Purpose of the Regulatory Action
                                                                                                   procedures for extensions of stay and
                                           Singapore (H–1B1), and Australia (E–3);                                                                          DHS is amending its regulations in
                                                                                                   change of status requests to include the
                                           the immigrant classification for                                                                               several ways to improve the programs
                                                                                                   principal E–3 and H–1B1 nonimmigrant
                                           employment-based first preference (EB–                                                                         serving the principal E–3, H–1B1, and
                                                                                                   classifications. These changes will
                                           1) outstanding professors and                                                                                  CW–1 nonimmigrant classifications and
                                                                                                   harmonize and align the regulations for
                                           researchers; and nonimmigrant workers                                                                          the EB–1 immigrant classification for
                                                                                                   principal E–3, H–1B1, and CW–1
                                           in the Commonwealth of the Northern                                                                            outstanding professors and researchers.
                                                                                                   nonimmigrant classifications with the
                                           Mariana Islands (CNMI)-Only                                                                                    These changes will harmonize the
                                                                                                   existing regulations for other, similarly
                                           Transitional Worker (CW–1)                                                                                     regulations governing these
                                                                                                   situated nonimmigrant classifications.
                                           classification. DHS anticipates that                                                                           classifications with regulations
                                                                                                      Finally, DHS is expanding the current
                                           these changes to the regulations will                                                                          governing similar visa classifications
                                                                                                   list of initial evidence for EB–1
                                           benefit these highly skilled workers and                                                                       and remove unnecessary hurdles that
                                                                                                   outstanding professors and researchers
                                           CW–1 nonimmigrant workers by                                                                                   have placed principal E–3, H–1B1, CW–
                                                                                                   to allow petitioners to submit evidence
                                           removing unnecessary hurdles that                                                                              1 and certain EB–1 workers at a
                                                                                                   comparable to the other forms of
                                           place such workers at a disadvantage                                                                           disadvantage when compared to
                                                                                                   evidence already listed in 8 CFR
                                           when compared to similarly situated                                                                            similarly situated workers in other visa
                                                                                                   204.5(i)(3)(i). This will harmonize the
                                           workers in other visa classifications.                                                                         classifications. DHS believes this rule
                                                                                                   regulations for EB–1 outstanding
                                           DATES: This final rule is effective                                                                            also best achieves our goal of addressing
                                                                                                   professors and researchers with certain
                                           February 16, 2016.                                      employment-based immigrant categories                  unwarranted disparities involving
                                           FOR FURTHER INFORMATION CONTACT:                                                                               continued employment authorization
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                                                                                                   that already allow for submission of
                                           Paola Rodriguez Hale, Adjudications                     comparable evidence.                                   among and within particular
                                           Officer (Policy), Office of Policy and                                                                         nonimmigrant classifications.
                                           Strategy, U.S. Citizenship and                          Table of Contents
                                           Immigration Services, Department of                                                                            B. Legal Authorities
                                                                                                   I. Executive Summary
                                           Homeland Security, 20 Massachusetts                        A. Purpose of the Regulatory Action                   Sections 103(a) and 214(a)(1) of the
                                           Avenue NW., Washington, DC 20529–                          B. Legal Authorities                                Immigration and Nationality Act (INA),


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Document Created: 2018-02-02 12:32:06
Document Modified: 2018-02-02 12:32:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of availability of final guidance.
DatesThe final guidance document announced by this document is effective on January 19, 2016.
ContactPaul Lewis, Ph.D., Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252, Email: [email protected]; Telephone: (202) 260-9294.
FR Citation81 FR 2067 

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