National Organic Program: Notice of Draft Guidance Concerning “Made With Organic (Specified Ingredients or Food Groups)” Products: Product Composition and Use of Percentage Statements, 2328-2331 [2011-573]
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Federal Register
Vol. 76, No. 9
Thursday, January 13, 2011
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DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
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January 7, 2011.
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(OMB),
OIRA_Submission@OMB.EOP.GOV or
fax (202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC 20250–
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the collection of information unless it
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Frequency of Responses: Reporting:
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Total Burden Hours: 752.
Animal and Plant Health Inspection
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Ruth Brown,
Departmental Information Collection
Clearance Officer.
Title: Dairy Heifer Raiser 2010 Study.
OMB Control Number: 0579–NEW.
Summary of Collection: Collection
and dissemination of animal health data
and information is mandated by 7
U.S.C. 391, the Animal Industry Act of
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the Animal and Plant Health Inspection
Service (APHIS), Veterinary Service,
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242, ‘‘Dairy Heifer Raiser
Questionnaire.’’ The Dairy Heifer Raiser
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population.
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health and management practices for
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commingling cattle from multiple
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Description of Respondents: Business
or other for-profit.
Number of Respondents: 800.
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[FR Doc. 2011–571 Filed 1–12–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–NOP–10–0045; NOP–10–03]
National Organic Program: Notice of
Draft Guidance Concerning ‘‘Made With
Organic (Specified Ingredients or Food
Groups)’’ Products: Product
Composition and Use of Percentage
Statements
Agricultural Marketing Service,
USDA.
ACTION: Notice with request for
comments.
AGENCY:
This notice announces draft
guidance for the organic industry to
address the labeling, composition of and
use of percentage statements in ‘‘made
with organic (specified ingredients or
food groups).’’ Specifically, the draft
guidance addresses (1) the use of nonorganic ingredients in ‘‘made with
organic (specified ingredients or food
groups)’’ products, and (2) the use of
statements about the percentage of
organic ingredients within the ‘‘made
with organic (specified ingredients or
food groups)’’ labeling category.
The guidance explains the policy of
the National Organic Program (NOP)
concerning the portions of the
regulations in question, referenced
herein. The NOP invites organic
producers, handlers, certifying agents,
consumers and other interested parties
to submit comments about these
guidance provisions. A notice of
availability of final guidance on this
topic will be issued upon its final
approval. Once finalized, this guidance
document will be 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
SUMMARY:
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National Organic Program (NOP)
regulations. The current edition of the
Program Handbook is available online at
https://www.ams.usda.gov/nop or in
print upon request.
DATES: Comments must be submitted on
or before March 14, 2011.
ADDRESSES: NOP invites interested
persons to submit comments pertaining
to guidance on ‘‘made with organic
(specified ingredients or food groups)’’
labeling and composition addressed
herein using the following procedures:
• Internet: https://
www.regulations.gov.
• Mail: Comments may be submitted
to Toni Strother, Agricultural Marketing
Specialist, National Organic Program,
USDA–AMS–NOP, Room 2646–So., Ag
Stop 0268, 1400 Independence Ave.,
SW., Washington, DC 20250–0268.
Written comments responding to this
request should be identified with the
document number AMS–NOP–10–0045;
NOP–10–03. Clearly indicate the
provision you are addressing and your
support for or opposition to it and the
reason for your position. Please include
only relevant information and data to
support your position.
USDA intends to make available all
comments, including names and
addresses when provided, regardless of
submission procedure used, on https://
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 request to
make an appointment by calling (202)
720–3252.
FOR FURTHER INFORMATION CONTACT:
Melissa Bailey, Director, Standards
Division, National Organic Program,
USDA–AMS–NOP, 1400 Independence
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Ave., SW., Room 2646–So., Ag Stop
0268, Washington, DC 20250.
Telephone: (202) 720–3252; Fax: (202)
205–7808.
SUPPLEMENTARY INFORMATION:
Purpose & Applicability
The Organic Foods Production Act of
1990 (OFPA), 7 U.S.C. Section 6501, et
seq., as amended, and the NOP
regulations implemented in 7 CFR part
205, National Organic Program (NOP)
Final Rule, regulate the production,
handling, processing, and labeling of all
raw or processed agricultural products
to be sold, labeled, or represented as
organic in the United States.
This guidance describes the policies
for certified operations, certifying agents
accredited by the U.S. Department of
Agriculture (USDA), and approved State
Organic Programs with respect to ‘‘made
with organic (specified ingredients or
food group(s))’’ products in the
following two areas:
1. Restrictions on the use of nonorganic ingredients; and
2. Statements about the percentage of
organic ingredients.
I. Product Composition
Background
The NOP regulations describe the
composition requirements for products
to be labeled as ‘‘100% organic,’’
‘‘organic,’’ and ‘‘made with organic
(specified ingredients or food group(s)).’’
The purpose of this section is to explain
the allowances and restrictions on the
use of non-organic ingredients that may
comprise up to 30 percent of a ‘‘made
with organic (specified ingredients or
food group(s))’’ product.
According to § 205.301(c) products
within the ‘‘made with organic
(specified ingredients or food group(s))’’
labeling category must contain at least
70 percent certified organic agricultural
products. None of the ingredients in the
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final product may be produced using
excluded methods (i.e., genetically
modified organisms), sewage sludge or
ionizing radiation.
Multi-ingredient products labeled as
‘‘made with organic (specified
ingredients or food group(s))’’ may
contain up to 30 percent of the
following: (1) Conventionally produced
(non-organic) agricultural products such
as fruits, spices and grains regardless of
the synthetic substances which may
have been used in their production or
processing; and (2) natural and
synthetic ingredients or processing aids
listed in § 205.605 Nonagricultural
(nonorganic) substances allowed as
ingredients in or on processed products
labeled as ‘‘organic’’ or ‘‘made with
organic (specified ingredients or food
groups)).’’ Any synthetic substance may
be used to manufacture a substance on
§ 205.605; however, if the synthetic is
present in the final § 205.605 substance,
the synthetic must also be on the
National List and allowed for the
intended use.
Policy Statement
Products within the ‘‘made with
organic (specified ingredients or food
group(s))’’ labeling category must
contain at least 70 percent certified
organic agricultural products. The
remaining 30 percent may include:
1. Agricultural ingredients which are
conventionally produced. These
ingredients must not have been
produced using excluded methods
(genetically modified organisms),
sewage sludge, or ionizing radiation, but
may be produced using synthetic
substances not appearing on the
National List at § 205.605.
2. Natural and synthetic ingredients
or processing aids that are listed within
§ 205.605.
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II. Statement of Percentage of Organic
Ingredients
Background
The NOP regulations (§§ 205.303(a)
and 205.304(a)) state that products in
packages described in §§ 205.301(a), (b),
and (c), may display the terms, ‘‘100
percent organic,’’ ‘‘organic,’’ and ‘‘made
with organic (specified ingredients or
food group(s)),’’ respectively, as
applicable. These provisions also state
these products may display the
percentage of organic ingredients in the
product.
Accordingly, the NOP has received
questions about whether a percentage
statement may appear without a product
composition statement (‘‘100% organic,’’
‘‘organic,’’ ‘‘made with organic (specified
ingredients or food groups)’’ on a
product package. For example, may a
soup label state, ‘‘75 percent organic
ingredients’’ on the principal display
panel without a ‘‘made with organic
vegetables’’ statement?
The purpose of this section is to
clarify (a) the display of product
composition and percentage statements
on packaged products, and (b) whether
percentage statements can be used when
the percent of the organic ingredients
exceeds the product composition
category. For example, may a soup label
state ‘‘95 percent organic ingredients’’
when the soup qualifies only for a
‘‘made with organic vegetables’’ claim?
Policy Statement
The ‘‘made with organic (specified
ingredients or food group(s))’’ statement
is essential to clarify the product
category and may be used without the
percentage statement. The statements,
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‘‘made with organic ingredients,’’ or
‘‘made with (insert number)% organic
ingredients,’’ do not comply with
§§ 205.304(a)(1)(i) or (ii) and are not
acceptable variations of a ‘‘made with
organic’’ statement. The correct formats
for ‘‘made with organic’’ statements are:
‘‘made with organic (specified
ingredients); or (specified food groups),’’
provided that the statement does not list
more than three organically produced
ingredients or food groups.
A percentage statement must be
accompanied by the statement, ‘‘made
with organic (specified ingredients or
food group(s))’’ when displayed on
packages of products in this category,
which are described in § 205.301(c). As
written in the NOP regulations, the
section heading for § 205.304, ‘‘Packaged
products labeled ‘‘made with organic
(specified ingredients or food group(s)),’’
implies that a ‘‘made with organic
(specified ingredients or food group(s))’’
statement is present on the product,
and, therefore, the product must contain
at least 70 percent certified organic
agricultural products. The ‘‘made with
(specified ingredients or food group(s))’’
statement is particularly important
when the product contains 95 percent or
more organic ingredients; without it, a
consumer cannot determine the
appropriate product category and could
be misled to assume that the product
qualifies for the ‘‘organic’’ labeling
category.
A claim of ‘‘100% organic’’ should
only be used for products that qualify
under § 205.301(a). The ‘‘100% organic’’
claim refers to a particular labeling
category within the NOP regulations
and should not be used in combination
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with other NOP labeling categories. For
example, a ‘‘made with 100% organic
(specified ingredients or foods groups)’’
label may lead consumers into thinking
that the ‘‘made with’’ product qualifies
for the ‘‘100% organic’’ category.
Acceptable variations of percentage
statements include: ‘‘X% Organic,’’ ‘‘X%
Organic Ingredients,’’ ‘‘Contains X%
Organic Ingredients,’’ ‘‘Made with X%
Organic Ingredients.’’ Each of the above
versions of a percentage statement need
to appear with a proper ‘‘made with
organic’’ statement. Additional versions
of percentage claim statements may be
acceptable as long as they are not
misleading. Percentage statements must
appear without highlighting and in the
same type size, font and color in its
entirety. The size of a percentage
statement must not exceed one-half of
the largest type size on the display
panel, in accordance with
§ 205.304(a)(2).
III. 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 the NOP’s
current thinking on these topics. 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
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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
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.
The NOP strongly encourages the
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.
Authority: 7 U.S.C. 6501, et seq.; 7 CFR
part 205.
Dated: January 7, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–573 Filed 1–12–11; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Tracy Hollingshead, DFO, USDA,
Bridger-Teton National Forest, Hwy 189
North, Kemmerer, WY 83101; (307)
877–4415; E-mail
thollingshead@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
following business will be conducted:
(1) Approve minutes from November 29,
2010 meeting. (2) Review and discuss
project applications. (3) Update on
potential additional Resource Advisory
Committee applicants; and (4) Public
Comment. Persons who wish to bring
related matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting.
Dated: January 7, 2011.
Tracy Hollingshead,
Designated Federal Officer.
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
[FR Doc. 2011–662 Filed 1–12–11; 8:45 am]
Forest Service
BILLING CODE 3410–11–P
Bridger-Teton National Forest
Resource Advisory Committee
DEPARTMENT OF AGRICULTURE
Forest Service, USDA.
Notice of Meeting.
AGENCY:
ACTION:
The Bridger-Teton Resource
Advisory Committee will meet in
Kemmerer, Wyoming. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act. The purpose
is to review project applications.
DATES: The meeting will be held on
February 14, 2011, and will begin at 5
p.m.
ADDRESSES: The meeting will be held at
the Kemmerer Ranger District Office,
308 U.S. Highway 189 North,
Kemmerer, WY. Written comments
should be sent to Tracy Hollingshead,
Bridger-Teton National Forest, 308 Hwy
189 North, Kemmerer, WY 83101.
Comments may also be sent via e-mail
to thollingshead@fs.fed.us, or via
facsimile to 307–828–5135.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at BridgerTeton National Forest, Hwy 189 North,
Kemmerer, WY 83101. Visitors are
encouraged to call ahead to 307–877–
4415 to facilitate entry into the building.
SUMMARY:
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Forest Service
VerDate Mar<15>2010
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Pike & San Isabel Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Pike & San Isabel
Resource Advisory Committee will meet
in Pueblo, Colorado. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act. The purpose
of the conference call is for project
coordination and understanding.
DATES: The meeting will be held on
February 10, 2011, and will begin at 9
a.m.
ADDRESSES: The conference call will be
held at the Supervisor’s Office of the
Pike & San Isabel National Forests,
Cimarron and Comanche National
Grasslands (PSICC) at 2840 Kachina Dr.,
Pueblo, Colorado. Written comments
should be sent to Barbara Timock,
PSICC, 2840 Kachina Dr., Pueblo, CO
81008. Comments may also be sent via
e-mail to btimock@fs.fed.us, or via
facsimile to 719–553–1416.
All comments, including names and
addresses when provided, are placed in
SUMMARY:
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2331
the record and are available for public
inspection and copying. The public may
inspect comments received at PSICC,
2840 Kachina Dr., Pueblo, CO 81008.
Visitors are encouraged to call ahead to
719–553–1415 to facilitate entry into the
building.
FOR FURTHER INFORMATION CONTACT:
Barbara Timock, RAC coordinator,
USDA, Pike & San Isabel National
Forests, 2840 Kachina Dr., Pueblo, CO
81008; (719) 553–1415; E-mail
btimock@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: To
understand project proposals and
coordination efforts, the PSI–RAC will
convene a conference call. No decisions
will be made during this call and the
RAC will report out at the next meeting.
The February 10 conference call is open
to the public. The following business
will be conducted: (1) Review projects
submitted to the Web site, (2) Discuss
RAC member liaison efforts, (3) Public
Comment. Persons who wish to bring
related matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting. Public input sessions will
be provided and individuals who made
written requests by February 7, 2011
will have the opportunity to address the
Committee at those sessions.
Dated: January 7, 2011.
John F. Peterson,
Designated Federal Official.
[FR Doc. 2011–670 Filed 1–12–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Idaho Panhandle Resource
Advisory Committee Meeting
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L.
110–343) the Idaho Panhandle Resource
Advisory Committee will meet Friday,
January 21, 2011, at 9 a.m. in Coeur
d’Alene, Idaho for a business meeting.
The business meeting is open to the
public.
SUMMARY:
DATES:
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January 21, 2011.
13JAN1
]]>Agencies
[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2328-2331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-573]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-10-0045; NOP-10-03]
National Organic Program: Notice of Draft Guidance Concerning
``Made With Organic (Specified Ingredients or Food Groups)'' Products:
Product Composition and Use of Percentage Statements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice with request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces draft guidance for the organic industry
to address the labeling, composition of and use of percentage
statements in ``made with organic (specified ingredients or food
groups).'' Specifically, the draft guidance addresses (1) the use of
non-organic ingredients in ``made with organic (specified ingredients
or food groups)'' products, and (2) the use of statements about the
percentage of organic ingredients within the ``made with organic
(specified ingredients or food groups)'' labeling category.
The guidance explains the policy of the National Organic Program
(NOP) concerning the portions of the regulations in question,
referenced herein. The NOP invites organic producers, handlers,
certifying agents, consumers and other interested parties to submit
comments about these guidance provisions. A notice of availability of
final guidance on this topic will be issued upon its final approval.
Once finalized, this guidance document will be 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
[[Page 2329]]
National Organic Program (NOP) regulations. The current edition of the
Program Handbook is available online at https://www.ams.usda.gov/nop or
in print upon request.
DATES: Comments must be submitted on or before March 14, 2011.
ADDRESSES: NOP invites interested persons to submit comments pertaining
to guidance on ``made with organic (specified ingredients or food
groups)'' labeling and composition addressed herein using the following
procedures:
Internet: https://www.regulations.gov.
Mail: Comments may be submitted to Toni Strother,
Agricultural Marketing Specialist, National Organic Program, USDA-AMS-
NOP, Room 2646-So., Ag Stop 0268, 1400 Independence Ave., SW.,
Washington, DC 20250-0268.
Written comments responding to this request should be identified
with the document number AMS-NOP-10-0045; NOP-10-03. Clearly indicate
the provision you are addressing and your support for or opposition to
it and the reason for your position. Please include only relevant
information and data to support your position.
USDA intends to make available all comments, including names and
addresses when provided, regardless of submission procedure used, on
https://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 request to make an
appointment by calling (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Melissa Bailey, 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:
Purpose & Applicability
The Organic Foods Production Act of 1990 (OFPA), 7 U.S.C. Section
6501, et seq., as amended, and the NOP regulations implemented in 7 CFR
part 205, National Organic Program (NOP) Final Rule, regulate the
production, handling, processing, and labeling of all raw or processed
agricultural products to be sold, labeled, or represented as organic in
the United States.
This guidance describes the policies for certified operations,
certifying agents accredited by the U.S. Department of Agriculture
(USDA), and approved State Organic Programs with respect to ``made with
organic (specified ingredients or food group(s))'' products in the
following two areas:
1. Restrictions on the use of non-organic ingredients; and
2. Statements about the percentage of organic ingredients.
I. Product Composition
Background
The NOP regulations describe the composition requirements for
products to be labeled as ``100% organic,'' ``organic,'' and ``made
with organic (specified ingredients or food group(s)).'' The purpose of
this section is to explain the allowances and restrictions on the use
of non-organic ingredients that may comprise up to 30 percent of a
``made with organic (specified ingredients or food group(s))'' product.
According to Sec. 205.301(c) products within the ``made with
organic (specified ingredients or food group(s))'' labeling category
must contain at least 70 percent certified organic agricultural
products. None of the ingredients in the final product may be produced
using excluded methods (i.e., genetically modified organisms), sewage
sludge or ionizing radiation.
Multi-ingredient products labeled as ``made with organic (specified
ingredients or food group(s))'' may contain up to 30 percent of the
following: (1) Conventionally produced (non-organic) agricultural
products such as fruits, spices and grains regardless of the synthetic
substances which may have been used in their production or processing;
and (2) natural and synthetic ingredients or processing aids listed in
Sec. 205.605 Nonagricultural (nonorganic) substances allowed as
ingredients in or on processed products labeled as ``organic'' or
``made with organic (specified ingredients or food groups)).'' Any
synthetic substance may be used to manufacture a substance on Sec.
205.605; however, if the synthetic is present in the final Sec.
205.605 substance, the synthetic must also be on the National List and
allowed for the intended use.
Policy Statement
Products within the ``made with organic (specified ingredients or
food group(s))'' labeling category must contain at least 70 percent
certified organic agricultural products. The remaining 30 percent may
include:
1. Agricultural ingredients which are conventionally produced.
These ingredients must not have been produced using excluded methods
(genetically modified organisms), sewage sludge, or ionizing radiation,
but may be produced using synthetic substances not appearing on the
National List at Sec. 205.605.
2. Natural and synthetic ingredients or processing aids that are
listed within Sec. 205.605.
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[GRAPHIC] [TIFF OMITTED] TN13JA11.000
II. Statement of Percentage of Organic Ingredients
Background
The NOP regulations (Sec. Sec. 205.303(a) and 205.304(a)) state
that products in packages described in Sec. Sec. 205.301(a), (b), and
(c), may display the terms, ``100 percent organic,'' ``organic,'' and
``made with organic (specified ingredients or food group(s)),''
respectively, as applicable. These provisions also state these products
may display the percentage of organic ingredients in the product.
Accordingly, the NOP has received questions about whether a
percentage statement may appear without a product composition statement
(``100% organic,'' ``organic,'' ``made with organic (specified
ingredients or food groups)'' on a product package. For example, may a
soup label state, ``75 percent organic ingredients'' on the principal
display panel without a ``made with organic vegetables'' statement?
The purpose of this section is to clarify (a) the display of
product composition and percentage statements on packaged products, and
(b) whether percentage statements can be used when the percent of the
organic ingredients exceeds the product composition category. For
example, may a soup label state ``95 percent organic ingredients'' when
the soup qualifies only for a ``made with organic vegetables'' claim?
Policy Statement
The ``made with organic (specified ingredients or food group(s))''
statement is essential to clarify the product category and may be used
without the percentage statement. The statements, ``made with organic
ingredients,'' or ``made with (insert number)% organic ingredients,''
do not comply with Sec. Sec. 205.304(a)(1)(i) or (ii) and are not
acceptable variations of a ``made with organic'' statement. The correct
formats for ``made with organic'' statements are: ``made with organic
(specified ingredients); or (specified food groups),'' provided that
the statement does not list more than three organically produced
ingredients or food groups.
A percentage statement must be accompanied by the statement, ``made
with organic (specified ingredients or food group(s))'' when displayed
on packages of products in this category, which are described in Sec.
205.301(c). As written in the NOP regulations, the section heading for
Sec. 205.304, ``Packaged products labeled ``made with organic
(specified ingredients or food group(s)),'' implies that a ``made with
organic (specified ingredients or food group(s))'' statement is present
on the product, and, therefore, the product must contain at least 70
percent certified organic agricultural products. The ``made with
(specified ingredients or food group(s))'' statement is particularly
important when the product contains 95 percent or more organic
ingredients; without it, a consumer cannot determine the appropriate
product category and could be misled to assume that the product
qualifies for the ``organic'' labeling category.
A claim of ``100% organic'' should only be used for products that
qualify under Sec. 205.301(a). The ``100% organic'' claim refers to a
particular labeling category within the NOP regulations and should not
be used in combination with other NOP labeling categories. For example,
a ``made with 100% organic (specified ingredients or foods groups)''
label may lead consumers into thinking that the ``made with'' product
qualifies for the ``100% organic'' category.
Acceptable variations of percentage statements include: ``X%
Organic,'' ``X% Organic Ingredients,'' ``Contains X% Organic
Ingredients,'' ``Made with X% Organic Ingredients.'' Each of the above
versions of a percentage statement need to appear with a proper ``made
with organic'' statement. Additional versions of percentage claim
statements may be acceptable as long as they are not misleading.
Percentage statements must appear without highlighting and in the same
type size, font and color in its entirety. The size of a percentage
statement must not exceed one-half of the largest type size on the
display panel, in accordance with Sec. 205.304(a)(2).
III. 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 the NOP's current thinking on
these topics. 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
[[Page 2331]]
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.
The NOP strongly encourages the 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.
Authority: 7 U.S.C. 6501, et seq.; 7 CFR part 205.
Dated: January 7, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-573 Filed 1-12-11; 8:45 am]
BILLING CODE 3410-02-P
