81 FR 87902 - National Organic Program: Notice of Draft Guidance for Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 234 (December 6, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87902-87903 | |
| FR Document | 2016-29173 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Notices] [Pages 87902-87903] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29173] ======================================================================== 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. 234 / Tuesday, December 6, 2016 / Notices [[Page 87902]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-NOP-16-0085; NOP-16-06] National Organic Program: Notice of Draft Guidance for Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of availability of draft guidance with request for comments. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) is announcing the availability of a draft guidance document intended for use by accredited certifying agents and certified handling operations. The draft guidance document is entitled as follows: Calculating Percentage Organic in Multi-Ingredient Products (NOP 5037). This draft guidance document is intended to inform the public of AMS' current thinking on this topic. AMS invites organic producers, handlers, certifying agents, material evaluation programs, consumers and other interested parties to submit comments. DATES: Comments must be submitted on or before February 6, 2017. ADDRESSES: Submit written requests for hard copies of this draft guidance to Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. You may submit comments on this draft guidance document by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268. Instructions: Written comments responding to this request should be identified with the document number AMS-NOP-XX-XXXX; NOP-16-06. You should clearly indicate your position and the reasons supporting your position. If you are suggesting changes to the draft guidance document, you should include recommended language changes, as appropriate, along with any relevant supporting documentation. AMS is specifically requesting that stakeholders comment and quantify any impacts that the guidance will have on certified operations. AMS is also requesting comments from accredited certifying agents on the policy related to the calculation of multi-ingredient ingredients. How is the industry currently calculating organic products that use organic ingredients that contain several ingredients? What are the sound and sensible approaches currently being used? USDA intends to make available all comments, including names and addresses when provided, regardless of submission procedure used, on www.regulations.gov and at USDA, AMS, NOP, Room 2646--South building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m. to noon and from 1 to 4 p.m., Monday through Friday (except official Federal holidays). Persons wanting to visit the USDA South building to view comments from the public to this notice are requested to make an appointment by calling (202) 720-3252. FOR FURTHER INFORMATION CONTACT: Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202) 720-3252; Fax: (202) 260-9151; Email: [email protected]; or visit the NOP Web site at: www.ams.usda.gov/nop. SUPPLEMENTARY INFORMATION: I. Background The draft guidance document announced through this notice was developed to respond to an April 2013 National Organic Standards Board (NOSB) request that the National Organic Program (NOP) correct and/or clarify the requirements codified at 7 CFR 205.302(a), calculating the percentage of organically produced ingredients. Section 205.302(a)(1) states the method of calculation as ``[d]ividing the total net weight (excluding water and salt) of combined organic ingredients at formulation by the total weight (excluding water and salt) of the finished product.'' Current interpretation of 205.302(a)(1) is to ``[d]ivid[e] the total net weight (excluding water and salt) of combined organic ingredients at formulation by the total weight (excluding water and salt) of all ingredients.'' [Emphasis added.] The NOSB recommendation asked the NOP to: (1) Correct the regulatory language at Sec. 205.302(a) to clarify that organic percentages should be calculated by dividing the total net weight (excluding water and salt) of combined organic ingredients at formulation by the total net weight (excluding water and salt) of all ingredients. The NOSB asked that the NOP clarify that the percentage of organic ingredients in a product should be calculated based on the net weight of ``all ingredients'' in that product, and not the net weight of the ``finished product'' because most products lose weight during processing; (2) Clarify how to calculate the organic percentages of a multi-ingredient product that contains ingredients that are themselves composed of more than one ingredient; (3) Clarify when to exclude salt and water from ingredients; (4) Provide guidance on how to calculate raw agricultural product and processed single ingredient ingredients; and to (5) Develop and publish example self-calculating forms on items related to the organic percentage of each ingredient and the exclusion of salt and water. This guidance addresses the NOSB recommendation. The draft guidance is available from AMS on its Web site at http://www.ams.usda.gov/rules-regulations/organic/draft-guidance. If finalized, any final guidance would be available in ``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 [[Page 87903]] 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 draft 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. The draft guidance, when finalized, will represent AMS' current thinking on these topics. It does not create or confer any rights for, or on, any person and does not operate to bind AMS 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. AMS 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 the draft guidance at either AMS' Web site at http://www.ams.usda.gov/nop or http://www.regulations.gov. 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: November 30, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-29173 Filed 12-5-16; 8:45 am] BILLING CODE 3410-02-P
![87902
Notices Federal Register
Vol. 81, No. 234
Tuesday, December 6, 2016
This section of the FEDERAL REGISTER Organic Program, USDA–AMS–NOP, (NOSB) request that the National
contains documents other than rules or 1400 Independence Ave. SW., Room Organic Program (NOP) correct and/or
proposed rules that are applicable to the 2646—So., Ag Stop 0268, Washington, clarify the requirements codified at 7
public. Notices of hearings and investigations, DC 20250–0268. CFR 205.302(a), calculating the
committee meetings, agency decisions and Instructions: Written comments percentage of organically produced
rulings, delegations of authority, filing of
responding to this request should be ingredients. Section 205.302(a)(1) states
petitions and applications and agency
statements of organization and functions are identified with the document number the method of calculation as ‘‘[d]ividing
examples of documents appearing in this AMS–NOP–XX–XXXX; NOP–16–06. the total net weight (excluding water
section. You should clearly indicate your and salt) of combined organic
position and the reasons supporting ingredients at formulation by the total
your position. If you are suggesting weight (excluding water and salt) of the
DEPARTMENT OF AGRICULTURE changes to the draft guidance document, finished product.’’ Current
you should include recommended interpretation of 205.302(a)(1) is to
Agricultural Marketing Service language changes, as appropriate, along ‘‘[d]ivid[e] the total net weight
[Doc. No. AMS–NOP–16–0085; NOP–16–06] with any relevant supporting (excluding water and salt) of combined
documentation. AMS is specifically organic ingredients at formulation by
National Organic Program: Notice of requesting that stakeholders comment the total weight (excluding water and
Draft Guidance for Calculating the and quantify any impacts that the salt) of all ingredients.’’ [Emphasis
Percentage of Organic Ingredients in guidance will have on certified added.]
Multi-Ingredient Products operations. AMS is also requesting The NOSB recommendation asked the
comments from accredited certifying NOP to: (1) Correct the regulatory
AGENCY: Agricultural Marketing Service, agents on the policy related to the language at § 205.302(a) to clarify that
USDA. calculation of multi-ingredient organic percentages should be
ACTION: Notice of availability of draft ingredients. How is the industry calculated by dividing the total net
guidance with request for comments. currently calculating organic products weight (excluding water and salt) of
that use organic ingredients that contain combined organic ingredients at
SUMMARY: The Agricultural Marketing several ingredients? What are the sound formulation by the total net weight
Service (AMS) is announcing the and sensible approaches currently being (excluding water and salt) of all
availability of a draft guidance used? ingredients. The NOSB asked that the
document intended for use by USDA intends to make available all NOP clarify that the percentage of
accredited certifying agents and comments, including names and organic ingredients in a product should
certified handling operations. The draft addresses when provided, regardless of be calculated based on the net weight of
guidance document is entitled as submission procedure used, on ‘‘all ingredients’’ in that product, and
follows: Calculating Percentage Organic www.regulations.gov and at USDA, not the net weight of the ‘‘finished
in Multi-Ingredient Products (NOP AMS, NOP, Room 2646—South product’’ because most products lose
5037). This draft guidance document is building, 1400 Independence Ave. SW., weight during processing; (2) Clarify
intended to inform the public of AMS’ Washington, DC, from 9 a.m. to noon how to calculate the organic percentages
current thinking on this topic. AMS and from 1 to 4 p.m., Monday through of a multi-ingredient product that
invites organic producers, handlers, Friday (except official Federal holidays). contains ingredients that are themselves
certifying agents, material evaluation Persons wanting to visit the USDA composed of more than one ingredient;
programs, consumers and other South building to view comments from (3) Clarify when to exclude salt and
interested parties to submit comments. the public to this notice are requested to water from ingredients; (4) Provide
DATES: Comments must be submitted on make an appointment by calling (202) guidance on how to calculate raw
or before February 6, 2017. 720–3252. agricultural product and processed
ADDRESSES: Submit written requests for FOR FURTHER INFORMATION CONTACT: Paul single ingredient ingredients; and to (5)
hard copies of this draft guidance to I. Lewis, Ph.D., Standards Division Develop and publish example self-
Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program calculating forms on items related to the
Director, National Organic Program (NOP), USDA–AMS–NOP, 1400 organic percentage of each ingredient
(NOP), USDA–AMS–NOP, 1400 Independence Ave. SW., Room 2646— and the exclusion of salt and water. This
Independence Ave. SW., Room 2646— So., Ag Stop 0268, Washington, DC guidance addresses the NOSB
So., Ag Stop 0268, Washington, DC 20250–0268; Telephone: (202) 720– recommendation.
20250–0268. See the SUPPLEMENTARY 3252; Fax: (202) 260–9151; Email: The draft guidance is available from
INFORMATION section for electronic NOP.Guidance@ams.usda.gov; or visit AMS on its Web site at http://
access to the draft guidance document. the NOP Web site at: www.ams.usda.gov/rules-regulations/
You may submit comments on this www.ams.usda.gov/nop. organic/draft-guidance. If finalized, any
mstockstill on DSK3G9T082PROD with NOTICES
draft guidance document by any of the SUPPLEMENTARY INFORMATION: final guidance would be available in
following methods: ‘‘The Program Handbook: Guidance and
• Federal eRulemaking Portal: http:// I. Background Instructions for Accredited Certifying
www.regulations.gov. Follow the The draft guidance document Agents (ACAs) and Certified
instructions for submitting comments. announced through this notice was Operations’’. This Handbook provides
• Mail: Paul I. Lewis, Ph.D., developed to respond to an April 2013 those who own, manage, or certify
Standards Division Director, National National Organic Standards Board organic operations with guidance and
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![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 87903
instructions that can assist them in DEPARTMENT OF AGRICULTURE card). This information collection is
complying with the USDA organic necessary to comply with the
regulations. The current edition of the Office of the Secretary requirements outlined in Homeland
Program Handbook is available online at Security Presidential Directive (HSPD)
Notice of Request for Extension of a 12, and Federal Information Processing
http://www.ams.usda.gov/rules-
Currently Approved Information Standard (FIPS) 201–2. USDA must
regulations/organic/handbook.
Collection implement an identity proofing,
II. Significance of Guidance registration, and issuance process
AGENCY: Office of Homeland Security
and Emergency Coordination. consistent with the requirements
This draft guidance document is being
ACTION: Notice and request for
outlined in FIPS 201–2. This
issued in accordance with the Office of
comments. information collection form was
Management and Budget (OMB) required as part of USDA’s identity
Bulletin on Agency Good Guidance SUMMARY: In accordance with the proofing and registration process. After
Practices (GGPs) (January 25, 2007, 72 Paperwork Reduction Act of 1995, this October 27, 2006, form AD–1197 has
FR 3432–3440). notice announces the Office of been eliminated and the identity
The purpose of GGPs is to ensure that Homeland Security and Emergency process has been streamlined with the
program guidance documents are Coordination’s (OHSEC) intention to addition of a web-based HSPD–12
developed with adequate public request an extension for and revision to system. As USDA continues the HSPD–
participation, are readily available to the a currently approved information 12 program, one estimate of burden has
public, and are not applied as binding collection for the U.S. Department of been calculated and one process
requirements. The draft guidance, when Agriculture (USDA) Personal Identity description has been included.
finalized, will represent AMS’ current Verification (PIV) Request for Estimate of Burden: Public reporting
thinking on these topics. It does not Credential, the USDA Homeland burden for this collection of information
create or confer any rights for, or on, any Security Presidential Directive 12 is estimated to average 1.5 hours. The
person and does not operate to bind (HSPD–12) program. HSPD–12 burden is estimated based on the three
AMS or the public. Guidance establishes a mandatory, Government- prerequisites for PIV Credential
documents are intended to provide a wide standard for secure and reliable issuance as well as the receipt of the PIV
forms of identification (credentials) Credential itself.
uniform method for operations to
issued by the Federal Government to its Respondents: New long term
comply that can reduce the burden of
Federal employees, non-Federal contractors, affiliates, and employees
developing their own methods and
employees and contractors. The Office must undergo the information collection
simplify audits and inspections. of Management and Budget (OMB) process. Existing contractors/
Alternative approaches that can mandated that these credentials be employees/affiliates must undergo the
demonstrate compliance with the issued to all Federal Government process to receive a PIV Credential.
Organic Foods Production Act (OFPA), employees, contractors, and other Estimated Number of Respondents:
as amended (7 U.S.C. 6501–6522), and applicable individuals who require Estimated Annual Number of
its implementing regulations are also long-term access to federally controlled Respondents: 12,000.
acceptable. AMS strongly encourages facilities and/or information systems. Estimated Number of Responses per
industry to discuss alternative The HSPD–12 compliant program is Respondent: Each respondent should
approaches with the NOP before jointly owned and administered by the complete one response.
implementing them to avoid Office of the Chief Information Officer Estimated Total One-Time Burden on
unnecessary or wasteful expenditures of (OCIO) and OHSEC. Respondents: 18,000 hours.
resources and to ensure the proposed DATES: Comments on this notice must be Comments are invited on: (1) Whether
alternative approach complies with the received by December 15, 2016, to be the proposed collection of information
Act and its implementing regulations. assured of consideration. is necessary for the proper performance
FOR FURTHER INFORMATION CONTACT: of the functions of the agency, including
III. Electronic Access whether the information will have
Richard Holman, Chief, Physical
Persons with access to Internet may Security Division, Office of Homeland practical utility; (2) the accuracy of the
obtain the draft guidance at either AMS’ Security and Emergency Coordination, agency’s estimate of the burden of the
Web site at http://www.ams.usda.gov/ USDA, 1400 Independence Avenue proposed collection of information
nop or http://www.regulations.gov. SW., Room 1457, Washington DC 20250. including the validity of the
Requests for hard copies of the draft SUPPLEMENTARY INFORMATION: methodology and assumptions used; (3)
Title: USDA PIV Request for ways to enhance the quality, utility, and
guidance documents can be obtained by
Credential. clarity of the information to be
submitting a written request to the
OMB Number: 0505–0022. collected; and (4) ways to minimize the
person listed in the ADDRESSES section burden of the collection of information
Expiration Date of Approval: February
of this Notice. on those who are to respond, including
28, 2017.
Authority: 7 U.S.C. 6501–6522. Type of Request: Extension and the use of appropriate automated,
Dated: November 30, 2016. revision of a currently approved electronic, mechanical, or other
information collection. technological collection techniques or
Elanor Starmer,
Abstract: The HSPD–12 information other forms of information technology.
mstockstill on DSK3G9T082PROD with NOTICES
Administrator, Agricultural Marketing collection is required for establishing Comments may be sent to Richard
Service. the applicant’s identity for PIV Holman. All comments received will be
[FR Doc. 2016–29173 Filed 12–5–16; 8:45 am] credential issuance. The information available for public inspection during
BILLING CODE 3410–02–P requested must be provided by Federal regular business hours at the same
employees, contractors and other address.
applicable individuals when applying All responses to this notice will be
for a USDA credential (identification summarized and included in the request
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Document Created: 2016-12-06 02:18:24
Document Modified: 2016-12-06 02:18:24
| 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 draft guidance with request for comments. | |
| Dates | Comments must be submitted on or before February 6, 2017. | |
| Contact | Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202) 720-3252; Fax: (202) 260-9151; Email: [email protected]; or visit the NOP Web site at: www.ams.usda.gov/nop. | |
| FR Citation | 81 FR 87902 |
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