SUPPLEMENTARY INFORMATION:

Background

Title: National Organic Program: Notice of Intent to Extend a Previously Approved Information Collection (Strengthening Organic Enforcement) (2026).

OMB Control Number: 0581-0321.

Expiration Date of Current Approval: October 31, 2026.

Type of Request: Notice of intent to extend and revise a previously approved information collection for one year.

Abstract: The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) is requesting that the Office of Management and Budget (OMB) extend the approval for the currently approved information collection, “ National Organic Program: Strengthening Organic Enforcement (SOE) ” (OMB Control Number 0581-0321), for one year past its existing expiration date of October 31, 2026. AMS is requesting this extension to allow AMS adequate time to add the activities covered under this Strengthening Organic Enforcement information collection (0581-0321) to AMS's National Organic Program information collection (0581-0191). AMS is requesting the extension of this previously approved Strengthening Organic Enforcement information collection (0581-0321), so that it may continue to fully implement organic regulations and enforcement.

Authority

The Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. chapter 94), authorized the Secretary of the U.S. Department of Agriculture (USDA) to establish the National Organic Program (NOP) and accredit certifying agents to certify that farms and businesses meet national organic standards. Under OFPA, the purpose of the NOP is to: (1) establish national standards governing the marketing of certain agricultural products as organically produced products; (2) assure consumers that organically produced products meet a consistent standard; and (3) facilitate interstate commerce in fresh and processed food that is organically produced (7 U.S.C. 6501).

Information Collection

AMS initiated this Strengthening Organic Enforcement information collection (0581-0321) with the Strengthening Organic Enforcement (SOE) final rule, published January 19, 2023 (85 FR 47536). AMS requests that the approved Strengthening Organic Enforcement information collection (0581-0321) be extended 1 year to allow AMS adequate time to add the activities covered under this collection to AMS's National Organic Program information collection (0581-0191). AMS is requesting the extension of this previously approved Strengthening Organic Enforcement information collection (0581-0321) so that it may continue to fully implement the related requirements and information collection.

Respondents

Respondents to this information collection include operations seeking or maintaining USDA organic certification, accredited certifying agents and their inspectors, and State and foreign program officials. This collected information is used by accredited certifying agents and their inspectors, State and foreign program officials, and AMS. Specifically, this collection has been used at the Federal level by AMS to evaluate the compliance of organically produced imports and strengthen the organic supply chain.

Forms

In addition to generic descriptions of information to be collected (described in the USDA organic regulations, 7 CFR part 205), this information collection includes two forms: TM-10CG, Application for Accreditation and NOP 2110-1, NOP Import Certificate. AMS is not revising forms in this request. Minor revisions are proposed to the estimate of paperwork burden.

Estimate of Paperwork Burden

AMS intends to make only minor revisions to burden calculations in this renewal. The approved information collection included respondents who needed to comply with the new provisions of the SOE final rule for the first time (a one-time reporting burden to update an operation's existing Organic System Plan). Because the rule was fully implemented as of March 19, 2024, this category of respondents is ( printed page 53599) now obsolete, and AMS intends to remove them from the estimate.

Estimate of Burden: The total annual hour burden requested for this information collection is 231,617 hours. This estimated burden includes SOE final rule requirements including the time needed for the preparation, review, and submission of reports regarding: nonretail labels; procedures to strengthen traceability; the use of organic certificates; unannounced on-site inspections; import certificates for all imported products; inspector training and qualifications; review of foreign conformity systems; and the electronic data and document management systems governing organic certification of operations and traceability through transactions and trade. Respondents include producers and handlers of certified organic products, organic inspectors, accredited certifying agents, and foreign governments.

Estimated Number of Respondents: 51,091 respondents.

Estimated Number of Responses per Respondent: approximately 12 responses per respondent.

Estimated Burden per Response: approximately 0.375 hours per response.

Estimated Total Annual Burden on Respondents: 231,617 hours.

Request for Comments

Comments are invited regarding revisions made to OMB Control Number 0581-0321 “National Organic Program: Strengthening Organic Enforcement (SOE)” and whether the revisions accurately reflect the time required for stakeholders to respond to this information collection.

Comments are also invited on the entire “National Organic Program: Strengthening Organic Enforcement (SOE)” information collection. AMS asks the following:

(i) Whether the collection of information continues to be necessary for the proper performance of the functions of the NOP, including whether the information has practical utility;

(ii) The accuracy of the burden estimates of the collection of information;

(iii) Ways to enhance the quality, utility, and clarity of the collected information; and

(iv) Ways to minimize the burden of the collection of information on those who must respond, including the use of automated collection techniques or other forms of information technology.

For access to the docket, including background documents (such as the spreadsheet used to estimate burden) or comments received, search for Docket ID “AMS-NOP-26-1321” on www.regulations.gov.

All responses to this notice will be summarized in a Supporting Statement and included in the request for approval from OMB. All comments will become a matter of public record.

A copy of the information collection and related documents may be obtained free of charge by contacting AMS as directed above in the FOR FURTHER INFORMATION CONTACT section.

91 FR 53598