United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2006_register executive 2010-09-22 article Proposed Rules D09002ee1c80f8754 D09002ee1c80f87c4 United States Department of Agriculture originator org United States Government Agency or Subagency United States Agricultural Marketing Service originator org United States Government Agency or Subagency This proposed rule amends the National Organic Program (NOP) regulations to comply with the final judgment in the case of Harvey v. Johanns (Harvey) issued on June 9, 2005, by the U.S. District Court, District of Maine, and to address the November 10, 2005, amendment made to the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq., the OFPA), concerning the transition of dairy livestock into organic production. Further, this proposed rule amends the NOP regulations to clarify that only nonorganically produced agricultural products listed in the NOP regulations may be used as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))." In accordance with the final judgment in Harvey, the revision emphasizes that only the nonorganically produced agricultural ingredients listed in the NOP regulations can be used in accordance with any specified restrictions and when the product is not commercially available in organic form. To comply with the court order in Harvey, USDA is required to publish final revisions to the NOP regulations within 360 days of the court order, or by June 4, 2006. Accordingly, this proposed rule amends the NOP regulations to eliminate the use of up to 20 percent nonorganically produced feed during the first 9 months of the conversion of a whole dairy herd from conventional to organic production. This proposed rule also addresses the amendment made to the OFPA concerning the transition of dairy livestock into organic production by allowing crops and forage from land included in the organic system plan of a dairy farm that is in the third year of organic management to be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products. 71 FR 24820 https://www.govinfo.gov/app/details/FR-2006-04-27/06-4006 06-4006 fr27ap06-11 RIN 0581-AC60 3410-02-P Docket Number TM-06-06-PR https://www.govinfo.gov/app/details/FR-2006-04-27/06-4006 https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-4006.htm https://www.govinfo.gov/content/pkg/FR-2006-04-27/pdf/06-4006.pdf Administrative Practice and Procedure Agriculture Animals Archives and Records Imports Labeling Organically Produced Products Plants Reporting and Recordkeeping Requirements Seals and Insignia Soil Conservation 5 p. 24820 24824 71 FR 24820 Title 7 Part 205 7 CFR Part 205 RIN 0581-AC60 National Organic Program-Revisions to Livestock Standards Based on Court Order (Harvey v. Johanns) and 2005 Amendment to the Organic Foods Production Act of 1990 (OFPA); Federal Register Vol. 71, Issue PRORULE 06-4006 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 2006-05-12 Docket Number TM-06-06-PR 3410-02-P 06-4006 Proposed rule.

This proposed rule amends the National Organic Program (NOP) regulations to comply with the final judgment in the case of Harvey v. Johanns (Harvey) issued on June 9, 2005, by the U.S. District Court, District of Maine, and to address the November 10, 2005, amendment made to the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq., the OFPA), concerning the transition of dairy livestock into organic production. Further, this proposed rule amends the NOP regulations to clarify that only nonorganically produced agricultural products listed in the NOP regulations may be used as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))." In accordance with the final judgment in Harvey, the revision emphasizes that only the nonorganically produced agricultural ingredients listed in the NOP regulations can be used in accordance with any specified restrictions and when the product is not commercially available in organic form. To comply with the court order in Harvey, USDA is required to publish final revisions to the NOP regulations within 360 days of the court order, or by June 4, 2006. Accordingly, this proposed rule amends the NOP regulations to eliminate the use of up to 20 percent nonorganically produced feed during the first 9 months of the conversion of a whole dairy herd from conventional to organic production. This proposed rule also addresses the amendment made to the OFPA concerning the transition of dairy livestock into organic production by allowing crops and forage from land included in the organic system plan of a dairy farm that is in the third year of organic management to be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products.

Comments on this proposed rule must be submitted on or before May 12, 2006. Mark Bradley, Associate Deputy Administrator, Transportation & Marketing Programs, National Organic Program, 1400 Independence Ave., SW., Room 4008--So., Ag Stop 0268, Washington, DC 20250. Telephone: (202) 720-3252; Fax: (202) 205-7808. Administrative Practice and Procedure Agriculture Animals Archives and Records Imports Labeling Organically Produced Products Plants Reporting and Recordkeeping Requirements Seals and Insignia Soil Conservation National Organic Program: Organic and nonorganic product use (livestock) Harvey v. Johanns; revisions, http://www.ams.usda.gov/nop https://www.ams.usda.gov/nop Vol. 71, no. 81 Office of the Federal Register, National Archives and Records Administration 2006-04-27 continuing daily deposited born digital 267 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2006-04-27 P0b002ee1809619b0 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr27ap06 https://www.govinfo.gov/app/details/FR-2006-04-27 https://www.govinfo.gov/content/pkg/FR-2006-04-27/pdf/FR-2006-04-27.pdf https://www.govinfo.gov/content/pkg/FR-2006-04-27/xml/FR-2006-04-27.xml fdlp 24803 25057 DGPO 2010-09-22 2024-06-06 FR-2006-04-27 machine generated eng FR FR-2006-04-27 71 81