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 Range		2067-2068
FR Document		2016-00678

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: PaulI.Lewis@ams.usda.gov; 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

2067

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

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of availability of final guidance.
Dates		The final guidance document announced by this document is effective on January 19, 2016.
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.
FR Citation		81 FR 2067

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

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

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

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service