National Organic Program: Notification of Final Guidance on Products in the “Made With Organic * * *” Labeling Category, 24527 [2014-09963]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Page 24527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09963]



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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules 
and Regulations

[[Page 24527]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. AMS-NOP-10-0045; NOP-10-03]


National Organic Program: Notification of Final Guidance on 
Products in the ``Made With Organic * * *'' Labeling Category

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of availability of final guidance.

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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the 
availability of a final guidance document intended for use by 
accredited certifying agents and certified organic operations. The 
final guidance document is entitled: Products in the ``Made with 
Organic ***'' Labeling Category (NOP 5032). This guidance is intended 
to inform the public of the National Organic Program's (NOP) current 
thinking on this topic.

DATES: The final guidance document announced by this notification of 
availability is effective on May 2, 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 January 13, 2011, the National Organic Program (NOP) published 
in the Federal Register a notice of availability with request for 
public comment on a draft guidance document entitled: Made with Organic 
(Specified Ingredients or Food Group(s)) Products--Product Composition 
and Use of Percentage Statements (NOP 5032) (76 FR 2328). The draft 
guidance addressed the labeling, composition and use of percentage 
statements in ``made with organic (specified ingredients or food 
group(s))'' products. The topics covered in the draft guidance document 
addressed recommendations issued by the National Organic Standards 
Board (NOSB) and questions posed by accredited certifying agents and 
certified operations about the composition and labeling portions of the 
USDA organic regulations (7 CFR 205.301 and 205.304). The draft 
guidance document can be viewed on-line at https://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on March 14, 2011.
    The NOP received a total of 26 individual comments on the draft 
guidance document. Based on the comments received, the NOP revised and 
is publishing a final guidance on this topic now entitled: Products in 
the ``Made with Organic * * *'' Labeling Category (NOP 5032). This 
guidance clarifies the following aspects of products in this labeling 
category, referred to as ``made with organic * * *:''
    1. Composition;
    2. Compliant organic labeling claims;
    3. Organic and nonorganic forms of the same ingredient;
    4. Percentage of organic ingredients statements; and
    5. Ingredients or food groups in the ``made with organic * * *'' 
claim.
The guidance document includes an appendix (NOP 5032-1) where the NOP 
provides a complete discussion of the comments received and the 
rationale behind any changes made to the guidance document.
    The final guidance document is now available from the NOP through 
``The Program Handbook: Guidance and Instructions for Accredited 
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 https://www.ams.usda.gov/NopProgramHandbook.

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 final guidance document 
represents the NOP's current position on this 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 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, 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 Act and its 
implementing regulations.

III. Electronic Access

    Persons with access to the Internet may obtain a copy of the final 
guidance document from 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 notification of 
availability.

    Authority: 7 U.S.C. 6501-6522.

    Dated: April 28, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-09963 Filed 4-30-14; 8:45 am]
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