81 FR 87530 - National Organic Program: Notice of Final Guidance on Classification of Materials and Materials for Organic Crop Production
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 233 (December 5, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87530-87531 | |
| FR Document | 2016-29018 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Notices] [Pages 87530-87531] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29018] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices [[Page 87530]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-NOP-12-0060; NOP-12-14] National Organic Program: Notice of Final Guidance on Classification of Materials and Materials for Organic Crop Production AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of availability of final guidance. ----------------------------------------------------------------------- SUMMARY: This notice announces availability of final guidance intended for use by accredited certifying agents, certified operations, material evaluation programs, and other organic industry stakeholders. The first set of guidance documents, NOP 5033, follows recommendations from the National Organic Standards Board (NOSB) concerning the classification of materials under the USDA organic regulations (7 CFR part 205). The Classification of Materials guidance, NOP 5033, details the procedures and decision trees for classifying materials used for organic crop production, livestock production, and handling. The second set of guidance documents, NOP 5034, clarifies certain materials for use in organic crop production. These documents include an illustrative list of allowed natural and synthetic materials and a limited appendix of materials prohibited in organic crop production. The guidance explains the policy of the National Organic Program (NOP) concerning the portions of the regulations in question, referenced herein. DATES: The final guidance documents announced by this notice are effective on December 6, 2016. FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Director, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC 20250. Telephone: (202) 720-3252; Fax: (202) 205-7808. SUPPLEMENTARY INFORMATION: I. Background On April 2, 2013, the Agricultural Marketing Service (AMS) published in the Federal Register a notice of availability with request for public comment on two sets of draft guidance documents (78 FR 19637). These included NOP 5033--Classification of Materials and NOP 5034--Materials for Organic Crop Production. The draft guidance documents on Classification of Materials were developed in response to NOSB recommendations. The documents also address the identified need to develop guidance for certifying agents and certified operations for clarification on the classification of materials and for more definitive information on materials used in organic crop production. The draft guidance documents can be viewed online at http://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on June 3, 2013. AMS received 47 public comments on the draft guidance. Based on the comments received, NOP revised and is publishing final guidance on these topics. The final guidance documents are available from NOP through ``The Program Handbook: Guidance and Instructions for 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/nop. Under the Organic Foods Production Act (OFPA) (7 U.S.C. 6501-6522), the National List of Allowed and Prohibited Substance section of the USDA organic regulations must include synthetic substances that are permitted for use in organic crop production, and nonsynthetic (natural) substances that are prohibited for use in organic crop production. Because industry typically uses the word ``material'' to describe ``substance,'' for the purposes of these guidance documents, ``substance'' and ``material'' are synonymous and interchangeable. Nonsynthetic (natural) materials are generally permitted to be used in organic production, but are not required to be included in the National List. At times, this construction of the National List has led to inconsistent determinations by industry on which input materials are allowed for organic production, since permitted nonsynthetic materials (e.g., feather meal, fish meal, botanical pesticides) are not specifically identified in the standards. The guidance document NOP 5033, Classification of Materials, provides guidance to the industry on how materials are classified as nonsynthetic, synthetic, agricultural, or nonagricultural. The terms ``nonsynthetic,'' ``synthetic,'' ``agricultural,'' and ``nonagricultural'' are defined at 7 CFR 205.2 of the USDA organic regulations. This guidance implements a series of NOSB recommendations and clarifies the classification of these defined terms. NOP 5033-1 includes a decision tree for classifying a material as synthetic or nonsynthetic. NOP 5033-2 includes a decision tree for classifying a material as agricultural or nonagricultural. For materials used in organic crop production, the classification guidance is intended to be used in conjunction with the final guidance NOP 5034, Materials for Organic Crop Production. The guidance document NOP 5034, Materials for Organic Crop Production, guides the industry on materials used in organic crop production. NOP 5034-1 is a tool for organic producers to understand which input materials are allowed in organic crop production. The guidance includes substances that are specifically allowed in section 205.601 of the USDA organic regulations, as well as materials that are permitted, but are not required to be included on the National List. The appendix NOP 5034-2 provides a list of materials that are specifically prohibited in organic crop production. Neither list is intended to be all inclusive. NOP 5034-2 does include items that have been previously reviewed by the NOSB and not recommended for use or whose use in organic crop production has expired. The appendix of prohibited materials also includes materials that are specifically listed in section 205.602 of [[Page 87531]] the National List as prohibited for use in organic crop production (e.g., lead salts) or that are otherwise prohibited by the USDA organic regulations (e.g., sewage sludge). The guidance does not grant new allowances for any synthetic substance to be used in organic production that have not been specifically recommended by the NOSB and added to the National List through rulemaking. II. Significance of Guidance These final guidance documents are 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. These final guidance documents represent NOP's current positions on these topics. It does not create or confer any rights for, or on, any person and does not operate to bind 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, 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 Internet may obtain a copy of final guidance documents from the NOP's Web site at http://www.ams.usda.gov/nop. Request for hard copies of the final guidance documents 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: November 29, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-29018 Filed 12-2-16; 8:45 am] BILLING CODE 3410-02-P
![87530
Notices Federal Register
Vol. 81, No. 233
Monday, December 5, 2016
This section of the FEDERAL REGISTER Ave. SW., Room 2646–So., Ag Stop ‘‘material’’ are synonymous and
contains documents other than rules or 0268, Washington, DC 20250. interchangeable.
proposed rules that are applicable to the Telephone: (202) 720–3252; Fax: (202) Nonsynthetic (natural) materials are
public. Notices of hearings and investigations, 205–7808. generally permitted to be used in
committee meetings, agency decisions and organic production, but are not required
rulings, delegations of authority, filing of SUPPLEMENTARY INFORMATION:
petitions and applications and agency
to be included in the National List. At
I. Background times, this construction of the National
statements of organization and functions are
examples of documents appearing in this On April 2, 2013, the Agricultural List has led to inconsistent
section. Marketing Service (AMS) published in determinations by industry on which
the Federal Register a notice of input materials are allowed for organic
availability with request for public production, since permitted
DEPARTMENT OF AGRICULTURE comment on two sets of draft guidance nonsynthetic materials (e.g., feather
documents (78 FR 19637). These meal, fish meal, botanical pesticides) are
Agricultural Marketing Service included NOP 5033—Classification of not specifically identified in the
[Doc. No. AMS–NOP–12–0060; NOP–12–14] Materials and NOP 5034—Materials for standards.
Organic Crop Production. The draft The guidance document NOP 5033,
National Organic Program: Notice of guidance documents on Classification of Classification of Materials, provides
Final Guidance on Classification of Materials were developed in response to guidance to the industry on how
Materials and Materials for Organic NOSB recommendations. The materials are classified as nonsynthetic,
Crop Production documents also address the identified synthetic, agricultural, or
need to develop guidance for certifying nonagricultural. The terms
AGENCY: Agricultural Marketing Service, agents and certified operations for ‘‘nonsynthetic,’’ ‘‘synthetic,’’
USDA. clarification on the classification of ‘‘agricultural,’’ and ‘‘nonagricultural’’
ACTION: Notice of availability of final materials and for more definitive are defined at 7 CFR 205.2 of the USDA
guidance. information on materials used in organic regulations. This guidance
organic crop production. implements a series of NOSB
SUMMARY: This notice announces
The draft guidance documents can be recommendations and clarifies the
availability of final guidance intended
viewed online at http://www.ams.usda. classification of these defined terms.
for use by accredited certifying agents,
gov/NopDraftGuidance. The 60-day NOP 5033–1 includes a decision tree for
certified operations, material evaluation
comment period closed on June 3, 2013. classifying a material as synthetic or
programs, and other organic industry
AMS received 47 public comments on nonsynthetic. NOP 5033–2 includes a
stakeholders. The first set of guidance
the draft guidance. Based on the decision tree for classifying a material as
documents, NOP 5033, follows
comments received, NOP revised and is agricultural or nonagricultural. For
recommendations from the National
publishing final guidance on these materials used in organic crop
Organic Standards Board (NOSB)
topics. production, the classification guidance
concerning the classification of
The final guidance documents are is intended to be used in conjunction
materials under the USDA organic
available from NOP through ‘‘The with the final guidance NOP 5034,
regulations (7 CFR part 205). The
Program Handbook: Guidance and Materials for Organic Crop Production.
Classification of Materials guidance,
Instructions for Certifying Agents and The guidance document NOP 5034,
NOP 5033, details the procedures and
Certified Operations.’’ The Program Materials for Organic Crop Production,
decision trees for classifying materials
Handbook provides those who own, guides the industry on materials used in
used for organic crop production,
manage, or certify organic operations organic crop production. NOP 5034–1 is
livestock production, and handling. The
with guidance and instructions that can a tool for organic producers to
second set of guidance documents, NOP
assist them in complying with the understand which input materials are
5034, clarifies certain materials for use
USDA organic regulations. The current allowed in organic crop production. The
in organic crop production. These
edition of the Program Handbook is guidance includes substances that are
documents include an illustrative list of
available online at http:// specifically allowed in section 205.601
allowed natural and synthetic materials
www.ams.usda.gov/nop. of the USDA organic regulations, as well
and a limited appendix of materials
Under the Organic Foods Production as materials that are permitted, but are
prohibited in organic crop production.
Act (OFPA) (7 U.S.C. 6501–6522), the not required to be included on the
The guidance explains the policy of
National List of Allowed and Prohibited National List. The appendix NOP 5034–
the National Organic Program (NOP)
Substance section of the USDA organic 2 provides a list of materials that are
concerning the portions of the
regulations must include synthetic specifically prohibited in organic crop
regulations in question, referenced
substances that are permitted for use in production. Neither list is intended to
herein.
organic crop production, and be all inclusive. NOP 5034–2 does
sradovich on DSK3GMQ082PROD with NOTICES
DATES: The final guidance documents nonsynthetic (natural) substances that include items that have been previously
announced by this notice are effective are prohibited for use in organic crop reviewed by the NOSB and not
on December 6, 2016. production. recommended for use or whose use in
FOR FURTHER INFORMATION CONTACT: Paul Because industry typically uses the organic crop production has expired.
Lewis, Ph.D., Director, Standards word ‘‘material’’ to describe The appendix of prohibited materials
Division, National Organic Program, ‘‘substance,’’ for the purposes of these also includes materials that are
USDA–AMS–NOP, 1400 Independence guidance documents, ‘‘substance’’ and specifically listed in section 205.602 of
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![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices 87531
the National List as prohibited for use DEPARTMENT OF AGRICULTURE to make oral statements of three minutes
in organic crop production (e.g., lead or less. Individuals wishing to make an
salts) or that are otherwise prohibited by Forest Service oral statement should request in writing
the USDA organic regulations (e.g., by January 3, 2017, to be scheduled on
sewage sludge). The guidance does not Lyon-Mineral Resource Advisory the agenda. Anyone who would like to
grant new allowances for any synthetic Committee bring related matters to the attention of
substance to be used in organic AGENCY: Forest Service, USDA. the committee may file written
production that have not been ACTION: Notice of meeting. statements with the committee staff
specifically recommended by the NOSB before or after the meeting. Written
and added to the National List through SUMMARY: The Lyon-Mineral Resource comments and requests for time for oral
rulemaking. Advisory Committee (RAC) will meet in comments must be sent to Jeremy
II. Significance of Guidance Yerington, Nevada. The committee is Marshall, Designated Federal Officer,
authorized under the Secure Rural Bridgeport Ranger District, HC 62, Box
These final guidance documents are Schools and Community Self- 1000, Bridgeport, California 93517; or
being issued in accordance with the Determination Act (the Act) and by email to jmarshall02@fs.fed.us, or via
Office of Management and Budget operates in compliance with the Federal facsimile to 760–932–5899.
(OMB) Bulletin on Agency Good Advisory Committee Act. The purpose Meeting Accommodations: If you are
Guidance Practices (GGPs) (January 25, of the committee is to improve a person requiring reasonable
2007, 72 FR 3432–3440). The purpose of collaborative relationships and to accommodation, please make requests
GGPs is to ensure that program guidance provide advice and recommendations to in advance for sign language
documents are developed with adequate the Forest Service concerning projects interpreting, assistive listening devices,
public participation, are readily and funding consistent with Title II of or other reasonable accommodation. For
available to the public, and are not the Act. RAC information can be found access to the facility or proceedings,
applied as binding requirements. These at the following Web site: http:// please contact the person listed in the
final guidance documents represent www.fs.usda.gov/main/pts/special section titled FOR FURTHER INFORMATION
NOP’s current positions on these topics. projects/racweb. CONTACT. All reasonable
It does not create or confer any rights
DATES: The meeting will be held January accommodation requests are managed
for, or on, any person and does not
12, 2017, at 1:00 p.m. on a case by case basis.
operate to bind NOP or the public.
All RAC meetings are subject to Dated: November 28, 2016.
Guidance documents are intended to
cancellation. For status of the meeting
offer uniform methods for operations Jeremy Marshall,
prior to attendance, please contact the
that comply with the Organic Foods Bridgeport District Ranger.
person listed under FOR FURTHER
Production Act (OFPA), as amended (7 [FR Doc. 2016–29067 Filed 12–2–16; 8:45 am]
INFORMATION CONTACT.
U.S.C. 6501–6522) and USDA organic BILLING CODE 3411–15–P
ADDRESSES: The meeting will be held at
regulations, thereby reducing the
burden on operators of developing their the Lyon County Administration
own methods and to simplify audits and Complex, Commissioners Meeting
DEPARTMENT OF AGRICULTURE
inspections. Alternative approaches that Room, 27 South Main Street, Yerington,
can demonstrate compliance with the Nevada. Office of Inspector General
OFPA and its implementing regulations Written comments may be submitted
are also acceptable. As with any as described under SUPPLEMENTARY Succession, Delegations of Authority,
INFORMATION. All comments, including and Signature Authorities, No. IG–
alternative compliance approach, NOP
strongly encourages industry to discuss names and addresses when provided, 1313, Change 8
alternative approaches with the NOP are placed in the record and are
available for public inspection and AGENCY: Office of Inspector General,
before implementing them to avoid USDA.
unnecessary or wasteful expenditures of copying. The public may inspect
resources and to ensure the proposed comments received at the Bridgeport ACTION: Notice.
alternative approach complies with the Ranger Station, HC62, Box 1000,
Act and its implementing regulations. Bridgeport, California. Please call ahead SUMMARY: On November 9, 2016, USDA
at 760–932–7070 to facilitate entry into Inspector General Phyllis K. Fong,
III. Electronic Access the building. pursuant to authority vested in her by
Persons with access to Internet may FOR FURTHER INFORMATION CONTACT: the Federal Vacancies Reform Act (5
obtain a copy of final guidance Jeremy Marshall, Designated Federal U.S.C. 3345–3349d) and the Inspector
documents from the NOP’s Web site at Officer by phone at 760–932–5801, or General Act of 1978, as amended (5
http://www.ams.usda.gov/nop. Request via email at jmarshall02@fs.fed.us. U.S.C. app. 3), issued IG–1313, Change
for hard copies of the final guidance Individuals who use 8, Succession, Delegations of Authority,
documents can be obtained by telecommunication devices for the deaf and Signature Authorities. This
submitting a written request to the (TDD) may call the Federal Information directive is a revised succession order
person listed in the FOR FURTHER Relay Service (FIRS) at 1–800–877–8339 and reflects delegations of authority for
INFORMATION CONTACT section of this between 8:00 a.m. and 8:00 p.m., the Office of Inspector General. This
notification of availability. Eastern Standard Time, Monday directive has been revised to update the
lines of succession and delegation, and
sradovich on DSK3GMQ082PROD with NOTICES
Authority: 7 U.S.C. 6501–6522.
through Friday.
SUPPLEMENTARY INFORMATION: The to clarify procedures to be followed in
Dated: November 29, 2016. the event the Office of Inspector General
purpose of the meeting is to:
Elanor Starmer, 1. Discuss new project proposals; and (OIG) headquarters must be relocated.
Administrator, Agricultural Marketing 2. Receive an update on current and This directive provides guidance on the
Service. completed projects. transfer of functions and duties of the
[FR Doc. 2016–29018 Filed 12–2–16; 8:45 am] The meeting is open to the public. Inspector General (IG), as well as other
BILLING CODE 3410–02–P The agenda will include time for people OIG central management functions,
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Document Created: 2016-12-03 00:25:52
Document Modified: 2016-12-03 00:25:52
| 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 | Notices | |
| Action | Notice of availability of final guidance. | |
| Dates | The final guidance documents announced by this notice are effective on December 6, 2016. | |
| Contact | Paul Lewis, Ph.D., Director, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC 20250. Telephone: (202) 720-3252; Fax: (202) 205-7808. | |
| FR Citation | 81 FR 87530 |
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