[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21838]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. TM-07-04]


Notice of Release of National Organic Program Noncompliance and 
Adverse Action Records

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 accredited 
certifying agents and producers and handlers certified to the National 
Organic Program (NOP) of AMS' intention to release notices of 
noncompliance, and the identity of each entity which has been suspended 
or revoked, as well as the reasons for these actions. The release of 
these materials complies with the Freedom of Information Act (FOIA) in 
which any information that is not protected from disclosure by a FOIA 
exemption must be provided to the public.

FOR FURTHER INFORMATION CONTACT: Mark Bradley, Associate Deputy 
Administrator, National Organic Program, 1400 Independence Avenue, 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 FOIA as amended, 5 U.S.C. 552, and 
the Organic Foods Production Act (OFPA) of 1990, as amended, 7 U.S.C. 
6501 et seq.

II. Background

    On April 12, 2006, AMS received a FOIA request for notices of 
noncompliance and records of suspension and revocation of certification 
and accreditation issued pursuant to the NOP. The Agency maintains the 
records sought by the FOIA requester pursuant to its administration of 
the OFPA.
    The FOIA provides for any person to request and access federal 
agency records except for those records, or portions of records, which 
are protected by one of the nine exemptions under the FOIA. The records 
collected and maintained under the OFPA are not statutorily exempt from 
disclosure, and therefore in accordance with the FOIA and USDA's FOIA 
implementing regulations, 7 CFR part 1, AMS is required to release 
responsive records, or portions of responsive records, that are not 
protected from disclosure by any FOIA exemption.

III. Action

    Pursuant to 7 CFR 205.662, accredited certifying agents are 
obligated to issue noncompliance notifications, notices of suspension, 
and notices of revocation regarding NOP certification when 
circumstances warrant such action. Likewise, pursuant to 7 CFR 205.665, 
the NOP is obligated to issue notifications of noncompliance and 
notices of suspension and revocation of accreditation as warranted.
    Some of the information contained in these notification letters, in 
particular those issued to certified operations, may contain 
confidential business information. Therefore, the agency will conduct a 
thorough review of those notification documents issued since 
implementation of the NOP on October 21, 2002, pursuant to 7 CFR 
205.662 and 205.665, and in accordance with 5 U.S.C. 552(b)(4), 
withhold confidential commercial or financial information. Examples of 
the information which may appear in responsive records and that is 
subject to withholding include: Product formulations; supply sources; 
amount paid or owed in certification fees; sales volumes; yield 
quantities; amount of acreage planted to a specific crop or designated 
as pasture; the number of livestock units; the identity of an entity 
for which a private label is produced.

    Dated: December 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E6-21838 Filed 12-20-06; 8:45 am]
BILLING CODE 3410-02-P