[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38913-38915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15626]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-NOP-13-0051; NOP-13-02]


National Organic Program: Request for an Extension of a Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Agricultural Marketing Service's (AMS) intention 
to request approval from the Office of Management and Budget, for an 
extension of the currently approved information collection National 
Organic Program (NOP) Reporting and Recordkeeping Requirements.

DATES: Comments received by August 27, 2013 will be considered.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice. Comments must be sent to Toni Strother, 
Agricultural Marketing Specialist, National Organic Program, AMS/USDA, 
1400 Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250-0268 or by Internet: http://www.regulations.gov. Written comments 
responding to this notice should be identified with the document number 
AMS-NOP-13-0051; NOP-13-02. It is USDA's intention to have all comments 
concerning this notice, including names and addresses when provided, 
regardless of submission procedure used, available for viewing on the 
Regulations.gov (http://www.regulations.gov) Internet site. Comments 
submitted in response to this notice will also be available for viewing 
in person at USDA-AMS, National Organic Program, Room 2624-South 
Building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m. to 12 
noon and from 1:00 p.m. to 4 p.m., Monday through Friday (except 
official Federal holidays). Persons wanting to visit the USDA South 
Building to view comments received in response to this notice are 
requested to make an appointment in advance by calling (202) 720-3252.

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

[[Page 38914]]


SUPPLEMENTARY INFORMATION: 
    Title: National Organic Program.
    OMB Number: 0581-0191.
    Expiration Date of Approval: December 31, 2013.
    Type of Request: Extension of a currently approved information 
collection.
    Abstract: The Organic Foods Production Act of 1990 (OFPA) as 
amended (7 U.S.C. 6501-6522) mandates that the Secretary develop the 
NOP to accredit eligible State program's governing State officials or 
private persons as certifying agents who would certify producers or 
handlers of agricultural products that have been produced using organic 
methods as provided for in OFPA. The USDA organic regulation (7 CFR 
part 205): (1) Established national standards governing the marketing 
of certain agricultural products as organically produced products; (2) 
assures consumers that organically produced products meet a consistent 
standard; and (3) facilitates interstate commerce in fresh and 
processed food that is organically produced.
    Reporting and recordkeeping are essential to the integrity of the 
organic certification system. They create a paper trail that is a 
critical element in carrying out the mandate of OFPA and NOP. They 
serve the AMS mission, program objectives, and management needs by 
providing information on the efficiency and effectiveness of the 
program. The information affects decisions because it is the basis for 
evaluating compliance with OFPA and NOP, for administering the program, 
for management decisions and planning, and for establishing the cost of 
the program. It supports administrative and regulatory actions in 
response to noncompliance with OFPA and NOP.
    In general, the information collected is used by USDA, State 
program governing State officials, and certifying agents. It is created 
and submitted by State and foreign program officials, peer review panel 
members, accredited certifying agents, organic inspectors, certified 
organic producers and handlers, those seeking accreditation or 
certification, and parties interested in changing the National List of 
Allowed and Prohibited Substances at sections 205.600 through 205.607. 
Additionally, it causes most of these entities to have procedures and 
space for recordkeeping.
    USDA. USDA is the accrediting authority. USDA accredits domestic 
and foreign certifying agents who certify domestic and foreign organic 
producers and handlers, using information from the agents documenting 
their business operations and program expertise. USDA also permits 
States to establish their own organic certification programs after the 
programs are approved by the Secretary, using information from the 
States documenting their ability to operate such programs and showing 
that such programs meet the requirements of OFPA and NOP.
    States. States may operate their own organic certification 
programs. State officials obtain the Secretary's approval of their 
programs by submitting information to USDA documenting their ability to 
operate such programs and showing that such programs meet the 
requirements of OFPA and NOP. The Secretary, or delegated 
representative, will review a State organic program not less than once 
during each 5-year period following the date of the initial program 
approval. To date, one State organic certification program is approved 
by USDA.
    Certifying agents. Certifying agents are State, private, or foreign 
entities who are accredited by USDA to certify domestic and foreign 
producers and handlers as organic in accordance with OFPA and NOP. Each 
entity wanting to be an agent seeks accreditation from USDA, submitting 
information documenting its business operations and program expertise. 
Accredited certifying agents determine if a producer or handler meets 
organic requirements, using detailed information from the operation 
documenting its specific practices and on-site inspection reports from 
organic inspectors. Currently, there are 84 certifying agents 
accredited under NOP.
    Administrative costs for reporting, disclosure of information, and 
recordkeeping vary among certifying agents. Factors affecting costs 
include the number and size of clients, the categories of certification 
provided, and the type of systems maintained.
    When an entity applies for accreditation as a certifying agent, it 
must provide a copy of its procedures for complying with recordkeeping 
requirements (Sec.  205.504(b)(3)). Once accredited, agents have to 
make their records available for inspection and copying by authorized 
representatives of the Secretary (Sec.  205.501(a)(9)). USDA charges 
certifying agents for the time required to do these document reviews. 
Audits require less time when the documents are well organized and 
centrally located.
    Recordkeeping requirements for certifying agents are divided into 
three categories of records with varying retention periods: (1) Records 
created by certifying agents regarding applicants for certification and 
certified operations, maintain 10-years, consistent with OFPA's 
requirement for maintaining all records concerning activities of 
certifying agents; (2) records obtained from applicants for 
certification and certified operations, maintain 5-years, the same as 
OFPA's requirement for the retention of records by certified 
operations; and (3) records created or received by certifying agents 
regarding accreditation, maintain 5-years, consistent with OFPA's 
requirement for renewal of agent's accreditation (Sec.  205.510(b)).
    Organic inspectors. Inspectors, on behalf of certifying agents, 
conduct on-site inspections of certified operations and operations 
applying for certification. They report the findings from their 
inspection to the certifying agent. Inspectors are the agents 
themselves, employees of the agents, or individual contractors. We 
estimate that about half are certifying agents or their employees and 
half are individual contractors. Individuals who apply for positions as 
inspectors submit to the agents information documenting their 
qualifications to conduct such inspections. According to International 
Organic Inspectors Association (IOIA), there are 235 inspectors 
currently providing services.
    Producers and handlers. Producers and handlers, domestic and 
foreign, apply to certifying agents for organic certification, submit 
detailed information documenting their specific practices, provide 
annual updates to continue their certification, and report changes in 
their practices. Producers include farmers, livestock and poultry 
producers, and wild crop harvesters. Handlers include those who 
transport or transform food and include millers, bulk distributors, 
food manufacturers, processors, or packers. Some handlers are part of a 
retail operation that processes organic products in a location other 
than the premises of the retail outlet. Based upon AMS NOP's 2012 List 
of certified organic operations, there are approximately 25,000 
certified operations globally.\1\ Based on past growth of the industry, 
AMS estimates the addition of 350 new certified organic operations a 
year. In addition, AMS estimates that there are 6,200 producers exempt 
from certification, but who must still maintain records pursuant to 
section 205.101(c).
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    \1\ AMS NOP 2012 List of certified organic operations. Available 
at: http://apps.ams.usda.gov/nop/.
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    Administrative costs for reporting and recordkeeping vary among 
certified operators. Factors affecting costs include the type and size 
of operation, and the type of systems maintained.

[[Page 38915]]

    AMS believes that operations using product labels containing the 
term ``organic'' handle an average of 20 labels annually. Based upon 
AMS NOP's 2012 List of certified organic operations, there are over 
10,800 certified organic handlers. For each certified handler, AMS 
estimates that the average annual burden to develop product labels with 
organic claims is one hour per product label times 20 product labels 
per handler. The annual burden will be lower for smaller operations and 
higher for large operations that produce a significant volume of 
organic processed product.
    Interested parties. Any interested party may petition the National 
Organic Standards Board (NOSB) for the purpose of having a substance 
evaluated for recommendation to the Secretary for inclusion on or 
deletion from the National List. Based on the number of petitions 
received in the past, AMS estimates 25 parties petitioning the NOSB to 
amend the National List in a given year. The annual burden for each 
interested party to prepare a complete petition is an average of 30 
hours.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 1.61 hours per response.
    Respondents: Producers, handlers, certifying agents, inspectors and 
State, Local or Tribal governments and interested parties.
    Estimated Number of Respondents: 31,825.
    Estimated Number of Responses: 838,519.
    Estimated Number of Responses per Respondent: 26.35.
    Estimated Total Annual Burden on Respondents: 1,347,141.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will become a matter of public 
record.

    Authority:  7 U.S.C. 6501-6522.

    Dated: June 25, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-15626 Filed 6-27-13; 8:45 am]
BILLING CODE 3410-02-P