[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Page 53617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17859]


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 Notices
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  Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / 
Notices  

[[Page 53617]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number TM-05-10]


National Organic Program (NOP)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The U.S. Department of Agriculture's (USDA) Agricultural 
Marketing Service (AMS) is publishing this notice to inform certified 
organic producers and handlers of AMS' intention to release the names 
and addresses of certified operations to the general public. AMS has 
determined that the Organic Foods Production Act of 1990, as amended, 7 
U.S.C. 6501 et seq. (OFPA), authorizes the release of the names and 
addresses of certified organic producers and handlers under the broad 
category of information characterized by the OFPA as ``certification 
documents.'' Therefore, AMS intends to release the names and addresses 
of certified producers and handlers to the general public in response 
to requests for such information.

FOR FURTHER INFORMATION CONTACT: Keith Jones, Director, Program 
Development, National Organic Program, 1400 Independence Ave., SW., 
Room 4008-S, Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202) 
720-3252; Fax: (202) 205-7808; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    This notice is issued under the authority of the OFPA of 1990, as 
amended, 7 U.S.C. 6501 et seq.

II. Background

    Over the past few months, AMS has received a number of requests 
from private citizens and non-profit organizations for a list of names 
and addresses of production and handling operations certified in 
compliance with the NOP regulations. The OFPA requires public access to 
``certification documents'' and laboratory analyses pertaining to 
certification (7 U.S.C. 6506(a)(9)). The OFPA's implementing 
regulations at 7 CFR 205.504(b)(5) requires the release of those 
documents cited in section 6506(a)(9) of the OFPA.
    AMS collects the names and addresses of certified organic producers 
and handlers through requirements outlined at 7 CFR 205.501(a)(15)(ii). 
This information is collected pursuant to information collection 
requirements overseen by the Office of Management and Budget (OMB) in 
accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq. The collection number assigned to the NOP is OMB number 0581-0191.

III. Action

    The OFPA authorizes the release of the names and addresses of 
certified organic producers and handlers under the broad category of 
information characterized by the OFPA as ``certification documents.'' 
The OFPA (7 U.S.C. 6506(a)(9)) requires public access to certification 
documents and laboratory analyses pertaining to certification. Names 
and addresses of certified organic producers and handlers are collected 
by AMS under the requirements of 7 CFR 205.501(a)(15)(ii). These names 
and addresses are part of a larger information submission and can be 
reasonably viewed as ``certification documents.''
    The release of the names and addresses of certified organic 
producers and handlers is compatible with the notions of transparency 
and public access embodied in the OFPA. Further, the names and 
addresses of certified organic producers and handlers intended to be 
released are identical to those already contained on the certificate of 
compliance required under 7 CFR 205.404(b). Under 7 CFR 205.404(b), an 
accredited certifying agent must issue a certificate of organic 
operations which specifies the: (1) Name and address of the certified 
operation; (2) Effective date of certification; (3) Categories of 
organic operation, including crops, wild crops, livestock, or processed 
products produced by the certified operation; and (4) Name, address, 
and telephone number of the certifying agent. These certificates enjoy 
wide public circulation throughout the supply chain due to their use as 
prima facie evidence of compliance with NOP regulations.
    Therefore, AMS intends to release the names and addresses of 
certified producers and handlers to the general public in response to 
requests for such information.

    Dated: September 2, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-17859 Filed 9-8-05; 8:45 am]
BILLING CODE 3410-02-P