National Organic Program: Notice of Draft Guidance for Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products, 87902-87903 [2016-29173]

Download as PDF 87902 Notices Federal Register Vol. 81, No. 234 Tuesday, December 6, 2016 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. 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 No. AMS–NOP–16–0085; NOP–16–06] National Organic Program: Notice of Draft Guidance for Calculating the Percentage of Organic Ingredients in Multi-Ingredient Products Agricultural Marketing Service, USDA. ACTION: Notice of availability of draft guidance with request for comments. AGENCY: The Agricultural Marketing Service (AMS) is announcing the availability of a draft guidance document intended for use by accredited certifying agents and certified handling operations. The draft guidance document is entitled as follows: Calculating Percentage Organic in Multi-Ingredient Products (NOP 5037). This draft guidance document is intended to inform the public of AMS’ current thinking on this topic.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 ADDRESSES: Submit written requests for hard copies of this draft guidance to Paul I. Lewis, Ph.D., Standards Division Director, National Organic Program (NOP), USDA–AMS–NOP, 1400 Independence Ave.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 See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. You may submit comments on this draft guidance document by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov.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 mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 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: NOP.Guidance@ams.usda.gov; 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 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 (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 § 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 selfcalculating 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 E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 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/rulesregulations/organic/handbook. II. Significance of Guidance 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. mstockstill on DSK3G9T082PROD with NOTICES 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 17:39 Dec 05, 2016 Office of the Secretary Notice of Request for Extension of a Currently Approved Information Collection Office of Homeland Security and Emergency Coordination. ACTION: Notice and request for comments. AGENCY: 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. VerDate Sep<11>2014 DEPARTMENT OF AGRICULTURE Jkt 241001 In accordance with the Paperwork Reduction Act of 1995, this notice announces the Office of Homeland Security and Emergency Coordination’s (OHSEC) intention to request an extension for and revision to a currently approved information collection for the U.S. Department of Agriculture (USDA) Personal Identity Verification (PIV) Request for Credential, the USDA Homeland Security Presidential Directive 12 (HSPD–12) program. HSPD–12 establishes a mandatory, Governmentwide standard for secure and reliable forms of identification (credentials) issued by the Federal Government to its Federal employees, non-Federal employees and contractors. The Office of Management and Budget (OMB) mandated that these credentials be issued to all Federal Government employees, contractors, and other applicable individuals who require long-term access to federally controlled facilities and/or information systems. The HSPD–12 compliant program is jointly owned and administered by the Office of the Chief Information Officer (OCIO) and OHSEC. DATES: Comments on this notice must be received by December 15, 2016, to be assured of consideration. FOR FURTHER INFORMATION CONTACT: Richard Holman, Chief, Physical Security Division, Office of Homeland Security and Emergency Coordination, USDA, 1400 Independence Avenue SW., Room 1457, Washington DC 20250. SUPPLEMENTARY INFORMATION: Title: USDA PIV Request for Credential. OMB Number: 0505–0022. Expiration Date of Approval: February 28, 2017. Type of Request: Extension and revision of a currently approved information collection. Abstract: The HSPD–12 information collection is required for establishing the applicant’s identity for PIV credential issuance. The information requested must be provided by Federal employees, contractors and other applicable individuals when applying for a USDA credential (identification SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 87903 card). This information collection is necessary to comply with the requirements outlined in Homeland Security Presidential Directive (HSPD) 12, and Federal Information Processing Standard (FIPS) 201–2. USDA must implement an identity proofing, registration, and issuance process consistent with the requirements outlined in FIPS 201–2. This information collection form was required as part of USDA’s identity proofing and registration process. After October 27, 2006, form AD–1197 has been eliminated and the identity process has been streamlined with the addition of a web-based HSPD–12 system. As USDA continues the HSPD– 12 program, one estimate of burden has been calculated and one process description has been included. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1.5 hours. The burden is estimated based on the three prerequisites for PIV Credential issuance as well as the receipt of the PIV Credential itself. Respondents: New long term contractors, affiliates, and employees must undergo the information collection process. Existing contractors/ employees/affiliates must undergo the process to receive a PIV Credential. Estimated Number of Respondents: Estimated Annual Number of Respondents: 12,000. Estimated Number of Responses per Respondent: Each respondent should complete one response. Estimated Total One-Time Burden on Respondents: 18,000 hours. Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Richard Holman. All comments received will be available for public inspection during regular business hours at the same address. All responses to this notice will be summarized and included in the request E:\FR\FM\06DEN1.SGM 06DEN1

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[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87902-87903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
NOP.Guidance@ams.usda.gov; 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