[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87530-87531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29018]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / 
Notices  

[[Page 87530]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-NOP-12-0060; NOP-12-14]


National Organic Program: Notice of Final Guidance on 
Classification of Materials and Materials for Organic Crop Production

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of final guidance.

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SUMMARY: This notice announces availability of final guidance intended 
for use by accredited certifying agents, certified operations, material 
evaluation programs, and other organic industry stakeholders. The first 
set of guidance documents, NOP 5033, follows recommendations from the 
National Organic Standards Board (NOSB) concerning the classification 
of materials under the USDA organic regulations (7 CFR part 205). The 
Classification of Materials guidance, NOP 5033, details the procedures 
and decision trees for classifying materials used for organic crop 
production, livestock production, and handling. The second set of 
guidance documents, NOP 5034, clarifies certain materials for use in 
organic crop production. These documents include an illustrative list 
of allowed natural and synthetic materials and a limited appendix of 
materials prohibited in organic crop production.
    The guidance explains the policy of the National Organic Program 
(NOP) concerning the portions of the regulations in question, 
referenced herein.

DATES: The final guidance documents announced by this notice are 
effective on December 6, 2016.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On April 2, 2013, the Agricultural Marketing Service (AMS) 
published in the Federal Register a notice of availability with request 
for public comment on two sets of draft guidance documents (78 FR 
19637). These included NOP 5033--Classification of Materials and NOP 
5034--Materials for Organic Crop Production. The draft guidance 
documents on Classification of Materials were developed in response to 
NOSB recommendations. The documents also address the identified need to 
develop guidance for certifying agents and certified operations for 
clarification on the classification of materials and for more 
definitive information on materials used in organic crop production.
    The draft guidance documents can be viewed online at http://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on 
June 3, 2013.
    AMS received 47 public comments on the draft guidance. Based on the 
comments received, NOP revised and is publishing final guidance on 
these topics.
    The final guidance documents are available from NOP through ``The 
Program Handbook: Guidance and Instructions for Certifying Agents and 
Certified Operations.'' The Program 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/nop.
    Under the Organic Foods Production Act (OFPA) (7 U.S.C. 6501-6522), 
the National List of Allowed and Prohibited Substance section of the 
USDA organic regulations must include synthetic substances that are 
permitted for use in organic crop production, and nonsynthetic 
(natural) substances that are prohibited for use in organic crop 
production.
    Because industry typically uses the word ``material'' to describe 
``substance,'' for the purposes of these guidance documents, 
``substance'' and ``material'' are synonymous and interchangeable.
    Nonsynthetic (natural) materials are generally permitted to be used 
in organic production, but are not required to be included in the 
National List. At times, this construction of the National List has led 
to inconsistent determinations by industry on which input materials are 
allowed for organic production, since permitted nonsynthetic materials 
(e.g., feather meal, fish meal, botanical pesticides) are not 
specifically identified in the standards.
    The guidance document NOP 5033, Classification of Materials, 
provides guidance to the industry on how materials are classified as 
nonsynthetic, synthetic, agricultural, or nonagricultural. The terms 
``nonsynthetic,'' ``synthetic,'' ``agricultural,'' and 
``nonagricultural'' are defined at 7 CFR 205.2 of the USDA organic 
regulations. This guidance implements a series of NOSB recommendations 
and clarifies the classification of these defined terms. NOP 5033-1 
includes a decision tree for classifying a material as synthetic or 
nonsynthetic. NOP 5033-2 includes a decision tree for classifying a 
material as agricultural or nonagricultural. For materials used in 
organic crop production, the classification guidance is intended to be 
used in conjunction with the final guidance NOP 5034, Materials for 
Organic Crop Production.
    The guidance document NOP 5034, Materials for Organic Crop 
Production, guides the industry on materials used in organic crop 
production. NOP 5034-1 is a tool for organic producers to understand 
which input materials are allowed in organic crop production. The 
guidance includes substances that are specifically allowed in section 
205.601 of the USDA organic regulations, as well as materials that are 
permitted, but are not required to be included on the National List. 
The appendix NOP 5034-2 provides a list of materials that are 
specifically prohibited in organic crop production. Neither list is 
intended to be all inclusive. NOP 5034-2 does include items that have 
been previously reviewed by the NOSB and not recommended for use or 
whose use in organic crop production has expired. The appendix of 
prohibited materials also includes materials that are specifically 
listed in section 205.602 of

[[Page 87531]]

the National List as prohibited for use in organic crop production 
(e.g., lead salts) or that are otherwise prohibited by the USDA organic 
regulations (e.g., sewage sludge). The guidance does not grant new 
allowances for any synthetic substance to be used in organic production 
that have not been specifically recommended by the NOSB and added to 
the National List through rulemaking.

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. These final 
guidance documents represent NOP's current positions on these topics. 
It does not create or confer any rights for, or on, any person and does 
not operate to bind NOP or the public. Guidance documents are intended 
to offer uniform methods for operations that comply with the Organic 
Foods Production Act (OFPA), as amended (7 U.S.C. 6501-6522) and USDA 
organic regulations, thereby reducing the burden on operators of 
developing their own methods and to simplify audits and inspections. 
Alternative approaches that can demonstrate compliance with the OFPA 
and its implementing regulations are also acceptable. As with any 
alternative compliance approach, 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 
documents from the NOP's Web site at http://www.ams.usda.gov/nop. 
Request for hard copies of the final guidance documents can be obtained 
by submitting a written request to the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this notification of availability.

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

    Dated: November 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-29018 Filed 12-2-16; 8:45 am]
 BILLING CODE 3410-02-P