[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26177-26178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11115]



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  Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and 
Regulations  

[[Page 26177]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. AMS-NOP-10-0048; NOP-10-05]


National Organic Program: Notice of Final Guidance for Accredited 
Certifying Agents and Certified Operations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of final guidance.

-----------------------------------------------------------------------

SUMMARY: The National Organic Program (NOP) is announcing the 
availability of four final guidance documents intended for use by 
accredited certifying agents and certified operations. The four final 
guidance documents are entitled as follows: ``Compost and Vermicompost 
in Organic Crop Production (NOP 5021); Wild Crop Harvesting (NOP 
5022)''; ``Commingling and Contamination Prevention in Organic 
Production and Handling (NOP 5025)''; and ``The Use of Chlorine 
Materials in Organic Production and Handling (NOP 5026)''. These final 
guidance documents are intended to inform the public of NOP's current 
thinking on these topics. These final guidance documents are now 
available from the NOP through ``The Program Handbook: Guidance and 
Instructions for Accredited Certifying Agents (ACAs) and Certified 
Operations''. The current edition of the Program Handbook is available 
online at http://www.ams.usda.gov/NopProgramHandbook, or in print upon 
request.

DATES: The final guidance documents announced by this notice are 
effective on May 9, 2011.

FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director, 
Standards Division, National Organic Program, USDA-AMS-NOP, 1400 
Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250, E-mail: [email protected]; Telephone: (202) 720-3252; 
Fax: (202) 205-7808.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 13, 2010, the National Organic Program (NOP) published 
in the Federal Register a notice of availability with request for 
public comment on five draft guidance documents (75 FR 62693). The 
topics covered in the draft documents addressed recommendations issued 
by the National Organic Standards Board (NOSB) and the USDA Office of 
Inspector General (OIG) in a March 2010 audit report of the NOP. The 
five draft guidance topics included compost and vermicompost, wild crop 
harvesting, outdoor access for poultry, commingling and contamination 
prevention, and the use of chlorine materials. The five draft guidances 
can be viewed on-line at http://www.ams.usda.gov/NopDraftGuidance. The 
60-day comment period closed on December 13, 2010.
    The NOP received a total of 69 individual comments and 22,096 form 
letter responses on the five draft guidance documents. ``NOP Notice 11-
7'' provides a complete discussion of the comments received and the 
rationale behind any changes made to the guidance documents as well as 
any changes proposed, but not made to the guidance documents. ``NOP 
Notice 11-7'' can be found at http://www.ams.usda.gov/NOPCorrespondance.
    Based upon the comments received, the NOP revised and is publishing 
four of the five guidance documents as final: ``NOP 5021--Compost and 
Vermicompost in Organic Crop Production''; ``NOP 5022--Wild Crop 
Harvesting''; ``NOP 5025--Commingling and Contamination Prevention in 
Organic Production and Handling''; and ``NOP 5026--The Use of Chlorine 
Materials in Organic Production and Handling''. Based upon the comments 
received, the NOP is not finalizing the draft guidance, ``NOP 5024--
Outdoor Access for Poultry''. The NOP intends to initiate a separate 
rulemaking on the outdoor access requirements for poultry in 2011.
    The four final guidance documents are now available from the NOP 
through ``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 instructions that can assist them in complying with 
the NOP regulations. The current edition of the Program Handbook is 
available online at http://www.ams.usda.gov/NopProgramHandbook.

II. Significance of Guidance

    These final guidance documents are 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. Final guidance 
represents the NOP's current thinking on these topics. It does not 
create or confer any rights for, or on, any person and does not operate 
to bind the NOP 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. As 
with any alternative compliance approach, the NOP 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 a copy of final guidance 
in the ``Program Handbook'' along with the ``NOP Notice 11-7'' at NOP's 
Web site at http://www.ams.usda.gov/nop.


[[Page 26178]]


    Dated: May 2, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11115 Filed 5-5-11; 8:45 am]
BILLING CODE 3410-02-P