[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59521-59522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20806]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-16-0069; NOP-16-08]


National Organic Program: Notice of Interim Instruction on 
Material Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of interim instruction with request for 
comments.

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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the 
availability of an interim instruction document intended for use by 
accredited certifying agents. The interim instruction document is 
entitled: NOP 3012: Material Review. This instruction specifies the 
criteria and process that USDA accredited organic certifying agents 
(certifiers) must follow when approving substances for use in organic 
production and handling. This instruction is directed at certifiers, 
who must meet certain terms and conditions as part of their 
accreditation. The AMS invites interested parties to submit comments 
about this instruction document.

DATES: To ensure that NOP considers your comment on this interim 
instruction before it begins work on the final version, submit written 
comments on the interim instruction by October 31, 2016.

ADDRESSES: Submit written requests for hard copies of this interim 
instruction to Dr. Paul Lewis, Standards Division, National Organic 
Program (NOP),

[[Page 59522]]

USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, 
Washington, DC 20250-0268. See the SUPPLEMENTARY INFORMATION section 
for electronic access to the interim instruction document.
    You may submit comments, identified by AMS-NOP-16-0069; NOP-16-08, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Dr. Paul Lewis, Standards Division, National Organic 
Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag 
Stop 0268, Washington, DC 20250-0268.
    Instructions: Written comments responding to this request should be 
identified with the document number AMS-NOP-16-0069; NOP-16-08. You 
should clearly indicate your position and the reasons supporting your 
position. If you are suggesting changes to the interim instruction 
document, you should include recommended language changes, as 
appropriate, along with any relevant supporting documentation.
    USDA intends to make available all comments, including names and 
addresses when provided, regardless of submission procedure used, on 
www.regulations.gov and at USDA, AMS, NOP, Room 2646--South building, 
1400 Independence Ave. SW., Washington, DC, from 9 a.m. to noon and 
from 1 to 4 p.m., Monday through Friday (except official Federal 
holidays). Persons wanting to visit the USDA South building to view 
comments from the public to this notice are requested to make an 
appointment by calling (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Dr. Paul Lewis, Standards Director, 
National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. 
SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268; 
Telephone: (202) 720-3252; Fax: (202) 205-7808; Email: 
[email protected]; or visit the NOP Web site at: 
www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: 

I. Background

    This interim instruction specifies the criteria and process that 
accredited certifying agents (certifiers) must follow when approving 
substances for use in organic production and handling. This instruction 
is directed at certifiers, who must meet certain terms and conditions 
as part of their accreditation (see 7 CFR 205.501(a)(21)).
    The instruction defines the term Material Review Organization (MRO) 
and materials, and describes the USDA organic regulations as they 
relate to materials reviews. The instruction describes the policy that 
all certifiers must review all materials used by organic producers and 
handlers for compliance with the USDA organic regulations, and outlines 
options that certifiers have for determining whether materials may be 
used in organic production or handling under the USDA organic 
regulations.
    The instruction also outlines certifier requirements for 
maintaining documentation, making synthetic vs. nonsynthetic or 
agricultural vs. nonagricultural determinations; demonstrating 
appropriate education, training, and experience levels for personnel 
conducting material reviews; and creating clear written protocols and 
procedures related to materials reviews. This instruction also outlines 
the process that occurs when different certifying agents and MROs reach 
different conclusions on whether a product complies with the USDA 
organic regulations.
    A notice of availability of the final instruction on this topic 
will be issued upon review of comments and final approval of the 
document. Upon final approval, this instruction will be available in 
``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 
USDA organic regulations. The current edition of the Program Handbook 
is available online at http://www.ams.usda.gov/rules-regulations/organic.

II. Electronic Access

    Persons with access to Internet may obtain the interim instruction 
at either NOP's Web site at http://www.ams.usda.gov/rules-regulations/organic or http://www.regulations.gov. Requests for hard copies of the 
interim instruction document can be obtained by submitting a written 
request to the mailing address listed in the ADDRESSES section of this 
Notice.

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

    Dated: August 25, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-20806 Filed 8-29-16; 8:45 am]
 BILLING CODE 3410-02-P