National Organic Program: Notice of Final Guidance on Certification Requirements for Handling Unpackaged Organic Products, 3301-3302 [2014-01071]
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Rules and Regulations
Federal Register
Vol. 79, No. 13
Tuesday, January 21, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
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are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
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REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS–NOP–11–0073;
NOP–11–14]
National Organic Program: Notice of
Final Guidance on Certification
Requirements for Handling
Unpackaged Organic Products
Agricultural Marketing Service,
USDA.
ACTION: Notice of availability of final
guidance.
AGENCY:
The National Organic
Program (NOP) is announcing the
availability of a final guidance
document intended for use by
accredited certifying agents, certified
operations and non-certified handlers of
certified organic products. The guidance
document is entitled: Certification
Requirements for Handling Unpackaged
Organic Products (NOP 5031). 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 notice is effective on
January 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Melissa Bailey, Ph.D., Director,
Standards Division, National Organic
Program, USDA–AMS–NOP, 1400
Independence Ave. SW., Room 2646So., Ag Stop 0268, Washington, DC
20250, Email: Melissa.bailey@
ams.usda.gov; Telephone: (202) 720–
3252; Fax: (202) 205–7808.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background
On February 3, 2012, 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draft guidance document addressing the
VerDate Mar<15>2010
16:01 Jan 17, 2014
Jkt 232001
certification requirements for handlers
of unpackaged products (76 FR 5415).
The NOP selected the topic for the draft
guidance in response to a
recommendation issued by the National
Organic Standards Board (NOSB) in
October 2010. On October 28, 2010, the
NOSB finalized a recommendation
requesting that the NOP clarify the
requirements and limitations of 7 CFR
section 205.101(b) of the USDA organic
regulations.1 This section of the
regulations addresses the conditions
that a handling operation must meet in
order to be excluded from the organic
certification requirements of 7 CFR Part
205. The NOSB recommended that the
NOP issue guidance to clarify how these
conditions apply to handlers of bulk,
unpackaged organic products. The draft
guidance can be viewed on the NOP
Web site at https://www.ams.usda.gov/
NopDraftGuidance. The 60-day
comment period closed on April 3,
2012.
NOP received approximately 25
individual comments on the draft
guidance document. Based upon the
comments received, the NOP revised
and is publishing a final guidance
document on Certification Requirements
for Handling Unpackaged Organic
Products (NOP 5031). The guidance
document includes an appendix (NOP
5031–1) where the NOP provides a
complete discussion of the comments
received and the rationale behind any
changes made to the guidance
documents.
In addition to responding to the
NOSB’s October 2010 recommendation,
this final guidance addresses a finding
from a February 2012 Office of Inspector
General (OIG) audit and a July 2013 OIG
audit on organic milk.2 The OIG audits
stated that the NOP needs to ensure that
organic milk is not coming into contact
with prohibited substances while being
transported. In OIG’s recommendations,
it stated that the NOP should ensure
that transporters are either certified or
1 NOSB Recommendation: Clarifying Limitations
of § 205.101(b). Issued on October 28, 2010.
Available on the NOP Web site at: https://
www.ams.usda.gov/AMSv1.0/
getfile?dDocName=STELPRDC5087789&acct=nosb.
2 February 2012 OIG Audit on National Organic
Program: Organic Milk. Available on the NOP Web
site at: https://www.ams.usda.gov/AMSv1.0/
getfile?dDocName=STELPRDC5100590. July 2013
OIG Audit on National Organic Program: Organic
Milk. Available from OIG at: https://www.usda.gov/
oig/webdocs/01601-0002-32.pdf.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
included in the responsible parties’
Organic System Plan (OSP).
In response to the OIG, this final
guidance clarifies that transporters of
unpackaged bulk products such as
organic milk are not considered
handlers under the USDA organic
regulations and, therefore, do not need
to obtain certification. The guidance
states that it is the certified organic
operation responsible for the organic
products that are transported who must
prevent commingling and
contamination of the organic products
during transportation, fully describe the
transportation practices in their organic
system plan, maintain sufficient records
for the auditing and traceability of
transported organic products, and
ensure that the transportation records
for organic products are available for
inspection. This approach ensures that
certifying agents have oversight
regarding the transport of unpackaged
organic products through their certified
operations and can ensure that
prohibited substances have not come
into contact with these products
through a complete, verifiable audit
trail.
The 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 https://
www.ams.usda.gov/nop.
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
guidance represents the 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
E:\FR\FM\21JAR1.SGM
21JAR1
3302
Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Rules and Regulations
method for operations to comply with
the Organic Foods Production Act
(OFPA) and the USDA organic
regulations that can reduce the burden
of developing their own methods and
simplify audits and inspections.
Alternative approaches that can
demonstrate compliance with the
OFPA, as amended (7 U.S.C. 6501–
6522), and its implementing regulations
are also acceptable. As with any
alternative compliance approach, the
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
OFPA and its implementing regulations.
Electronic Access
Persons with access to Internet may
obtain the final guidance at the NOP’s
Web site at https://www.ams.usda.gov/
nop. Request for hard copies of the final
guidance document can be obtained by
submitting a written request to the
person listed in the FOR FURTHER
INFORMATION CONTACT section of this
Notice.
Authority: 7 U.S.C. 6501–6522.
Dated: January 15, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–01071 Filed 1–17–14; 8:45 am]
BILLING CODE 3410–02–P
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2014–01]
Extension of Administrative Fines
Program
Federal Election Commission.
Final rule.
AGENCY:
ACTION:
Under the Federal Election
Commission’s Administrative Fines
Program (‘‘AFP’’), the Commission may
assess civil monetary penalties for
certain violations of the reporting
requirements of the Federal Election
Campaign Act of 1971, as amended
(‘‘FECA’’). Congress recently amended
FECA to extend the end date of the
statutory authorization for the AFP to
December 31, 2018. Accordingly, the
Commission is extending its AFP
regulations through the new statutory
expiration date. The Commission is also
deleting one administrative provision
from its AFP regulations. Further
information is provided in the
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:01 Jan 17, 2014
Jkt 232001
Supplementary Information that
follows.
DATES:
Effective Date: January 21, 2014.
FOR FURTHER INFORMATION CONTACT:
Robert M. Knop, Assistant General
Counsel, 999 E Street NW., Washington,
DC 20463, (202) 694–1650 or (800) 424–
9530.
SUPPLEMENTARY INFORMATION: Under 2
U.S.C. 437g(a)(4)(C), the Commission is
authorized to assess civil monetary
penalties for certain violations of
FECA’s reporting requirements.
Congress initially enacted this
authorization in 2000 with a sunset date
of December 31, 2001.1 Congress has
since extended the AFP’s statutory
authorization several times.2 Most
recently, Congress extended the statute
to encompass violations relating to
reporting periods that end on or before
December 31, 2018. Act of Dec. 26,
2013, Public Law 113–72, sec. 1.3
The Commission’s regulations
implementing the AFP can be found at
11 CFR 111.30–111.46. Section 111.30
specifies the end date of the program;
each time Congress has extended the
statute that authorizes the AFP, the
Commission has revised the end date in
section 111.30 accordingly.4 To
implement Congress’s most recent
extension of the AFP’s authorization —
and to obviate the need to revise section
111.30 each time Congress extends the
statute—this final rule revises section
111.30 to provide that the AFP applies
to reporting periods that ‘‘end on or
before the date specified in 2 U.S.C.
437g(a)(4)(C)(v).’’
The Commission’s current AFP
regulations apply ‘‘to reporting periods
1 Treasury and General Government
Appropriations Act, 2000, Public Law 106–58, sec.
640, 113 Stat. 430, 476–77 (1999).
2 Act of Oct. 16, 2008, Public Law 110–433, sec.
1(a), 122 Stat. 4971 (extending authorization
through Dec. 31, 2013); Transportation, Treasury,
Housing and Urban Development, The Judiciary,
The District of Columbia, and Independent
Agencies Appropriations Act, 2006, Public Law
109–115, sec. 721, 119 Stat. 2396, 2493–94 (2005)
(extending through Dec, 31, 2008); Consolidated
Appropriations Act, 2004, Public Law 108–199, sec.
639, 118 Stat. 3, 359 (extending through Dec. 31,
2005); Treasury and General Government
Appropriations Act, 2002, Public Law 107–67, sec.
642, 115 Stat. 514, 555 (2001) (extending through
Dec. 31, 2003).
3 In addition to extending the end date of the AFP
statute, the 2013 act also authorized the
Commission to expand the scope of the AFP to
encompass additional categories of reporting
violations. The Commission intends to address that
expansion of the AFP through a separate
rulemaking.
4 Extension of Administrative Fines Program, 73
FR 72687 (Dec. 1, 2008); Extension of
Administrative Fines Program, 70 FR 75717 (Dec.
21, 2005); Extension of Administrative Fines
Program, 69 FR 6525 (Feb. 11, 2004); Extension to
Administrative Fines, 66 FR 59680 (Nov. 30, 2001).
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
that . . . end on or before December 31,
2013.’’ 11 CFR 111.30. Because the
statutory extension was not enacted
until late December 2013, there is a
short gap between the end date of the
Commission’s current regulations and
the effective date of this final rule on
January 21, 2014. Reports covering
reporting periods that end during this
gap are not subject to the AFP; they are
instead subject to the Commission’s
enforcement procedures set forth at 11
CFR part 111, subpart A.5 See 11 CFR
111.31(a).
This final rule also deletes 11 CFR
111.41, which requires administrative
fines to be paid by check or money
order. Deleting this requirement will
enable the Commission to provide filers
with additional and convenient ways to
pay administrative fines, such as by
credit card.
The Commission is promulgating this
final rule without advance notice or an
opportunity for comment because it falls
under the ‘‘good cause’’ exemption of
the Administrative Procedure Act. See 5
U.S.C. 553(b)(B). That exemption allows
agencies to dispense with notice and
comment when ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Id. The Commission finds that
notice and comment are unnecessary
here because this final rule merely
extends the applicability of the existing
AFP and deletes one administrative
provision; the final rule makes no
substantive changes to the AFP. See
Extension of Administrative Fines
Program, 73 FR 72687 (Dec. 1, 2008)
(extending AFP’s effective date and
making one non-substantive change
without notice and comment, and
observing that all substantive AFP
regulations were subject to notice and
comment in 2000, 2002, and 2006). In
addition, this final rule falls within the
‘‘good cause’’ exception to the delayed
effective date provisions of the
Administrative Procedure Act and the
Congressional Review Act. 5 U.S.C.
553(d), 808(2). Accordingly, this final
rule is effective upon publication in the
Federal Register. The Commission is
not required to submit this rule for
congressional review. See 2 U.S.C.
438(d)(1), (4).
Certification of No Effect Pursuant to 5
U.S.C. 605(b) (Regulatory Flexibility
Act)
The provisions of the Regulatory
Flexibility Act are not applicable to this
5 These reports are: (1) Post-general reports in
relation to the December 17, 2013, special general
election in Alabama’s 1st congressional district; and
(2) 48-hour contribution notices in relation to the
January 14, 2014, special primary election in
Florida’s 13th congressional district.
E:\FR\FM\21JAR1.SGM
21JAR1
Agencies
[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Rules and Regulations]
[Pages 3301-3302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01071]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 /
Rules and Regulations
[[Page 3301]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-11-0073; NOP-11-14]
National Organic Program: Notice of Final Guidance on
Certification Requirements for Handling Unpackaged 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, certified operations and non-certified
handlers of certified organic products. The guidance document is
entitled: Certification Requirements for Handling Unpackaged Organic
Products (NOP 5031). 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 notice is
effective on January 22, 2014.
FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director,
Standards Division, National Organic Program, USDA-AMS-NOP, 1400
Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC
20250, Email: Melissa.bailey@ams.usda.gov; Telephone: (202) 720-3252;
Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
On February 3, 2012, 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
certification requirements for handlers of unpackaged products (76 FR
5415). The NOP selected the topic for the draft guidance in response to
a recommendation issued by the National Organic Standards Board (NOSB)
in October 2010. On October 28, 2010, the NOSB finalized a
recommendation requesting that the NOP clarify the requirements and
limitations of 7 CFR section 205.101(b) of the USDA organic
regulations.\1\ This section of the regulations addresses the
conditions that a handling operation must meet in order to be excluded
from the organic certification requirements of 7 CFR Part 205. The NOSB
recommended that the NOP issue guidance to clarify how these conditions
apply to handlers of bulk, unpackaged organic products. The draft
guidance can be viewed on the NOP Web site at https://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on April 3, 2012.
---------------------------------------------------------------------------
\1\ NOSB Recommendation: Clarifying Limitations of Sec.
205.101(b). Issued on October 28, 2010. Available on the NOP Web
site at: https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5087789&acct=nosb.
---------------------------------------------------------------------------
NOP received approximately 25 individual comments on the draft
guidance document. Based upon the comments received, the NOP revised
and is publishing a final guidance document on Certification
Requirements for Handling Unpackaged Organic Products (NOP 5031). The
guidance document includes an appendix (NOP 5031-1) where the NOP
provides a complete discussion of the comments received and the
rationale behind any changes made to the guidance documents.
In addition to responding to the NOSB's October 2010
recommendation, this final guidance addresses a finding from a February
2012 Office of Inspector General (OIG) audit and a July 2013 OIG audit
on organic milk.\2\ The OIG audits stated that the NOP needs to ensure
that organic milk is not coming into contact with prohibited substances
while being transported. In OIG's recommendations, it stated that the
NOP should ensure that transporters are either certified or included in
the responsible parties' Organic System Plan (OSP).
---------------------------------------------------------------------------
\2\ February 2012 OIG Audit on National Organic Program: Organic
Milk. Available on the NOP Web site at: https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5100590. July 2013 OIG Audit on
National Organic Program: Organic Milk. Available from OIG at:
https://www.usda.gov/oig/webdocs/01601-0002-32.pdf.
---------------------------------------------------------------------------
In response to the OIG, this final guidance clarifies that
transporters of unpackaged bulk products such as organic milk are not
considered handlers under the USDA organic regulations and, therefore,
do not need to obtain certification. The guidance states that it is the
certified organic operation responsible for the organic products that
are transported who must prevent commingling and contamination of the
organic products during transportation, fully describe the
transportation practices in their organic system plan, maintain
sufficient records for the auditing and traceability of transported
organic products, and ensure that the transportation records for
organic products are available for inspection. This approach ensures
that certifying agents have oversight regarding the transport of
unpackaged organic products through their certified operations and can
ensure that prohibited substances have not come into contact with these
products through a complete, verifiable audit trail.
The 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 https://www.ams.usda.gov/nop.
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 guidance represents the
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
[[Page 3302]]
method for operations to comply with the Organic Foods Production Act
(OFPA) and the USDA organic regulations that can reduce the burden of
developing their own methods and simplify audits and inspections.
Alternative approaches that can demonstrate compliance with the OFPA,
as amended (7 U.S.C. 6501-6522), and its implementing regulations are
also acceptable. As with any alternative compliance approach, the 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 OFPA and its implementing regulations.
Electronic Access
Persons with access to Internet may obtain the final guidance at
the NOP's Web site at https://www.ams.usda.gov/nop. Request for hard
copies of the final guidance document can be obtained by submitting a
written request to the person listed in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
Authority: 7 U.S.C. 6501-6522.
Dated: January 15, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-01071 Filed 1-17-14; 8:45 am]
BILLING CODE 3410-02-P