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Department of Agriculture Agricultural Marketing Service 7 CFR Part 205 National Organic Program; Proposed Rule

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Department of Agriculture Agricultural Marketing Service 7 CFR Part 205 National Organic Program; Proposed Rule Monday, March 13, 2000 Part III Department of Agriculture Agricultural Marketing Service 7 CFR Part 205 National Organic Program; Proposed Rule VerDate 07<MAR>2000 20:17 Mar 10, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13MRP3.SGM pfrm04 PsN: 13MRP3 13512 Federal Register / Vol. 65, No. 49 / Monday, March 13, 2000 / Proposed Rules DEPARTMENT OF AGRICULTURE faxed comments should be identified the proposed rule, including some of the with docket number TMD±00±02-PR. To issues most commonly raised in public Agricultural Marketing Service facilitate the timely scanning and comments. posting of comments to the NOP 7 CFR Part 205 Is this the final word on National homepage, multiple page comments organic standards? [Docket Number: TMD±00±02±PR2] submitted by regular mail should not be stapled or clipped. Commenters should No. This is only a proposed rule. It is RIN 0581±AA40 identify the topic and section number of important that you take the time to read this proposal to which the comment it carefully and write to USDA to give National Organic Program refers. us your recommendations, being as AGENCY: Agricultural Marketing Service, It is our intention to have all specific as you can. Your comments are USDA. comments to this proposal, whether due by June 12, 2000. Your comments do matter. On ACTION: Proposed rule. mailed, faxed, or submitted via the Internet, available for viewing on the December 16, 1997, the first proposed SUMMARY: This proposed rule would NOP homepage at http:// rule was published in the Federal establish a National Organic Program www.ams.usda.gov/nop in a timely Register, and 275,603 people wrote to (NOP or program) under the direction of manner. Comments submitted in us to explain why and how the rule the Agricultural Marketing Service response to this proposal will be should be rewritten, the largest public (AMS), an arm of the United States available for viewing at USDA±AMS, response to a proposed rule in USDA Department of Agriculture (USDA). This Transportation and Marketing, Room history. Then, in the October 24, 1998 national program is intended to 2945±South Building, 14th and Federal Register, we asked for public facilitate interstate commerce and Independence Ave., SW, Washington, comment on issues concerning livestock marketing of fresh and processed food DC, from 9:00 a.m. to 12:00 p.m. and confinement, medications, and the that is organically produced and to from 1:00 p.m. to 4:00 p.m., Monday authority of certifying agents, and 10,817 people wrote to us. As you read assure consumers that such products through Friday (except official Federal through this document, you will get a meet consistent, uniform standards. holidays). Persons wanting to visit the sense of what these comments said This program will establish national USDA South Building to view because in each section we briefly standards for the production and comments received in response to this summarize the relevant comments and handling of organically produced proposal are requested to make an products, including a National List of provide our response to them. appointment in advance by calling (202) We expect to publish a final rule later substances approved and prohibited for 720±3252. use in organic production and handling. this year, once we know what you think FOR FURTHER INFORMATION CONTACT: about this proposal. The final rule will This proposal will establish a national- Richard Mathews, Senior Agricultural level accreditation program to be have, as proposed here, an Marketing Specialist, USDA±AMS±TM± implementation phase-in period so administered by AMS for State officials NOP, Room 2510±So., PO Box 96456, and private persons who want to be farmers and processors won't have to Washington, DC 20090±6456; change overnight. accredited as certifying agents. Under Telephone: (202) 205±7806; Fax: (202) the program, certifying agents will 205±7808. Has there been citizen input on this certify production and handling proposal beyond public comments? SUPPLEMENTARY INFORMATION: operations in compliance with the Yes. The National Organic Standards requirements of this regulation and Background of the National Organic Board (NOSB) is a 15-member citizen initiate compliance actions to enforce Program board that advises the Secretary on all program requirements. The proposal To address problems created by aspects of the National Organic Program includes requirements for labeling inconsistent organic standards, the and has special responsibility for products as organic and containing organic industry attempted to establish development of the National List. organic ingredients. The rule also a national voluntary organic Established by law in 1990, the NOSB provides for importation of organic certification program in the late 1980's. includes 3 environmental agricultural products from foreign However, that effort failed to develop a representatives, 3 consumer programs determined to have equivalent consensus on needed organic standards. representatives, 4 organic farmers/ organic program requirements. The Congress was then petitioned by an ranchers, 2 organic processors, 1 program is proposed under the Organic organic industry trade association to retailer, 1 scientist, and 1 certifying Foods Production Act of 1990, as establish a mandatory national organic agent. Currently, the NOSB comprises amended. program, resulting in the Organic Foods 14 members. The 15th member, an DATES: Comments must be submitted on Production Act of 1990 (the Act). accredited certifying agent, would be or before June 12, 2000. Congress passed the Act to: (1) Establish appointed after certifying agents are ADDRESSES: Interested persons are national standards governing the accredited by the Secretary. Since the invited to submit written comments on marketing of certain agricultural first NOSB was appointed in 1993, the this proposal to: Keith Jones, Program products as organically produced Board has held 19 public meetings, Manager, National Organic Program, products; (2) assure consumers that including one public teleconference, USDA±AMS±TMP±NOP, Room 2945± organically produced products meet a crisscrossing the country to hear from So., Ag Stop 0275, PO Box 96456, consistent standard; and (3) facilitate the public before making Washington, DC 20090±6456. commerce in fresh and processed food recommendations to the Secretary on Comments also may be sent by fax to that is organically produced. This national standards. The vast majority of (703) 365±0760 or filed via the Internet proposal is designed to implement the commenters on the first proposed rule through the National Organic Program's Act. urged the Secretary to rewrite the homepage at: http://www.ams.usda.gov/ To help readers better understand this proposal in line with NOSB nop. Written comments to this proposed proposal, we have provided answers to recommendationsÐand this is what we rule submitted by regular mail and some frequently asked questions about have done. More information on NOSB VerDate 07<MAR>2000 20:17 Mar 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13MRP3.SGM pfrm04 PsN: 13MRP3 Federal Register / Vol. 65, No. 49 / Monday, March 13, 2000 / Proposed Rules 13513 members, meeting minutes, and a side- Consumers will have that confidence, information than they have today. by-side comparison of this proposal because this proposal requires for the [Labeling is covered in subpart D.] with NOSB recommendations can be first time that all organic operations be What is the National List? found at www.ams.nop/gov. certified by USDA-approved certifying In addition, to be consistent with agents. Up to now, certification has been The National List of Allowed and OMB Circular No, A±119, which directs optional; some farmers choose not to be Prohibited Substances (known as the agencies to use voluntary consensus certified at all, and others are certified National List) identifies specific standards, USDA considered adoption by State or private certifiers using substances that may or may not be used of the American Organic Standards, different standards. It can be hard for in organic production and handling Guidelines for the Organic Industry as a consumers to know if a product has operations. The National List is voluntary consensus standard for use in been certified, or, if it has, to what developed by the NOSB, through the National Organic Program. In standard. Under this proposal, all consultation with outside experts, and October 1999, the Organic Trade organic operations, except for the very forwarded to the Secretary for approval. Association published the American smallest, would be certified to the same The list identifies those synthetic Organic Standards (AOS). The AOS standard. And all products labeled as substances, which would otherwise be standards were developed over several ``organic'' would have to comply with prohibited, that may be used in organic months with two opportunities for the production and handling standards production based on the comment from interested parties. The in this rule. recommendations of the NOSB. Only introduction states that the standards Consumers can also look for the those synthetic substances found on the are written as an up-to-date compilation USDA organic seal, which can only be National List may be used. The National and codification of organic standards used on products that have been List also identifies those natural and certification procedures, as they are certified by USDA-approved certifying substances that may not be used in understood and applies in the United agents. This seal assures consumers that organic production, as determined by States. Organic Trade Association the maker of the product is part of a the Secretary based on the NOSB members are expected to follow the rigorous certification program and has recommendations. The first proposal included some guidelines. been thoroughly reviewed by substances on the National List that professional inspectors trained in USDA has determined that it would were not recommended by the NOSB.
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