[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17607-17608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9006]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service
[Docket No. 99-002N]


``Certified Organic By'' Labeling on Meat and Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Availability of labeling guidance.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of guidance concerning the use of the claim 
``certified organic by (a certifying entity)'' on the labeling of meat 
and poultry products. The claim ``certified organic by (a certifying 
entity)'' will be permitted on the labeling of meat and poultry 
products if the labeling is submitted to FSIS for approval, the 
labeling meets certain criteria, and the labeling submitted is 
accompanied by specified certification documentation that has been 
provided by the certifying entity to the meat or poultry producer 
seeking labeling approval.

ADDRESSES: Copies of FSIS's labeling guidance concerning the use of the 
claim ``certified organic by (a certifying entity)'' are available from 
the FSIS Docket Clerk in the FSIS Docket Room, Room 102, Cotton Annex, 
300 12th Street, SW, Washington, DC 20250-3700, between 8:30 a.m. and 
4:30 p.m., Monday through Friday, and on FSIS's homepage at 
www.fsis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Robert Post, Director, Labeling 
and Additives Policy Division, Office of Policy, Program Development 
and Evaluation, Food Safety and Inspection Service, U.S. Department of 
Agriculture, (202) 205-0279.

Background

    The United States Congress passed the Organic Foods Protection Act 
of 1990 (1) to establish national standards governing the marketing of 
certain agricultural products as organically produced, (2) to assure 
consumers that organically produced products meet a defined, consistent 
standard, and (3) to facilitate commerce in organically produced fresh 
and processed food. The Agricultural Marketing Service (AMS), United 
States Department of Agriculture (USDA), published a proposed rule in 
the Federal Register (62 FR 65850) on December 16, 1997, to permit the 
use of the term ``organic'' on the labeling of certain agricultural 
products. AMS received approximately 280,000 public comments in 
response to the proposal, which raised many complex issues. AMS has 
decided to publish a revised proposed rule that will address those 
issues and to seek further input and comment from interested parties.
    A number of meat and poultry producers asked FSIS to permit the 
marketing of meat and poultry products bearing the claim ``certified 
organic by (a certifying entity)'' during the pendency of the 
rulemaking and before AMS issues its final rule. Because AMS's decision 
to issue a revised proposal and to seek further public comment before 
finalizing the organic standards rule will likely take some time, FSIS 
has decided in the interim to permit the use of the claim ``certified 
organic by (a certifying entity)'' on the labeling of meat and poultry 
products under certain conditions.
    As indicated in FSIS's guidance documents, to use the claim 
``certified organic by (a certifying entity)'' on the labeling of a 
meat or poultry product, processors will have to submit the labeling 
they want to use to FSIS for approval. Processors will also have to 
submit to FSIS, simultaneously with the labeling for which they are 
seeking approval, specified certification documentation provided to 
them by the certifying entity, including documentation that 
demonstrates that the certifying entity has standards for what 
constitutes an organic product, and that the certifying entity has a 
system for ensuring that that the

[[Page 17608]]

product it certifies as organic meets the standards it has established. 
The specific certification documentation that must be submitted to FSIS 
includes: (1) The name of the certified meat or poultry product and/or 
certified ingredient used in the meat or poultry product; (2) the 
certifying entity's name and address; (3) the name and signature of the 
responsible official of the certifying entity; (4) the date of 
certification, and (5) documentation from the certifying entity that 
(a) its criteria, i.e., standards, for what constitutes an organic 
product have been met by the product or ingredient for which labeling 
approval is being sought and (b) that the certifying entity employs a 
system for evaluating ongoing compliance with the criteria, i.e., 
standards, it has established.
    As also indicated in FSIS's guidance document regarding this 
policy, the statement ``certified organic by (a certifying entity)'' 
must be followed by the name of the certifying entity on the labeling 
of a meat or poultry product. Upon approval, the claim ``certified 
organic by (a certifying entity)'' may appear anywhere on the labeling 
of a meat or poultry product in regard to the meat or poultry product 
portion certified and in regard to any nonmeat ingredients so 
certified. All words in the claim are to be contiguous and of the same 
size, style, and type. Further, as indicated in FSIS's guidance 
document, FSIS will also continue to permit the use of approved animal 
production claims and an approved claim of ``natural'' on the labeling 
of meat and poultry products.
    In allowing the claim ``certified organic by (a certifying 
entity)'' to appear on the labeling of a meat or poultry product, FSIS 
is not defining the term ``organic.'' AMS, supported by the National 
Organic Standards Board, is responsible for carrying out the 
Department's program under the Organic Foods Protection Act to define 
the term ``organic'' and to establish the circumstances in which it can 
be applied to agricultural products, including meat and poultry 
products.
    Applications for approval of labeling bearing the claim ``certified 
organic by (a certifying entity)'' should be sent to the Labeling and 
Additives Policy Division, Office of Policy, Program Development and 
Evaluation, Food Safety and Inspection Service, USDA, Room 602, Cotton 
Annex, Washington, DC 20250-3700. Inquiries regarding labeling claims, 
including the labeling claim ``certified organic by (a certifying 
entity)'' or animal production claims, may be directed to Dr. Robert 
Post, Director, Labeling and Additives Policy Division. Staff of the 
Labeling and Additives Policy Division may be reached by telephone, at 
(202) 205-0279, for consultation.

Paperwork Requirements

    Abstract: FSIS has reviewed the paperwork and recordkeeping 
requirements in this notice in accordance with the Paperwork Reduction 
Act. FSIS has submitted a request for an emergency clearance of these 
paperwork and recordkeeping requirements to OMB.
    This notice, in conjunction with existing requirements, means that 
meat and poultry producers who want to market meat and poultry products 
that bear the labeling claim ``certified organic by (a certifying 
entity)'' will have to submit the labeling to FSIS for approval, along 
with the specified certification documentation that has been provided 
to the meat or poultry producer by the certifying entity. The 
certifying entity must have standards that list the criteria a meat or 
poultry product must meet to be certified organic and must have a 
system for ensuring that the product it certifies as organic meets 
those standards.
    Estimate of Burden: FSIS estimates that it will take meat and 
poultry producers 2 hours to design and develop modified product 
labels. FSIS estimates that it will take certifying entities 40 hours 
to develop their organic standards and prepare their certification 
documentation.
    Respondents: Meat and poultry producers, and certifying entities.
    Estimated number of Respondents: 200 meat and poultry producers, 
and 44 certifying entities.
    Estimated number of Responses per Respondent: FSIS estimates that 
each producer would modify approximately 4 product labels. Certifying 
entities would give their certification documentation to each meat and 
poultry producer once.
    Estimated Total Annual Burden on Respondents: 3,360 hours Comments 
are invited on: (a) Whether the collection of information is necessary 
for the proper performance of the functions of the Agency, including 
whether the information will have practical utility; (b) the accuracy 
of the Agency's estimate of the burden of the collection of information 
including the validity of the methodology and assumptions used; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of collection of 
information on those who are to respond, including through use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology. 
Comments may be sent to Lee Puricelli, Paperwork Specialist, see 
address above, and Desk Officer for Agriculture, Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington, DC 
20253.

    Done at Washington, DC on: April 5, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-9006 Filed 4-9-99; 8:45 am]
BILLING CODE 3410-DM-P