This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

2328 

Vol. 76, No. 9 

Thursday, January 13, 2011 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

January 7, 2011. 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments 

regarding (a) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumptions used; 

(c) ways to enhance the quality, utility 

and clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology should be addressed to: Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), 

OIRA_Submission@OMB.EOP.GOV or 

fax (202) 395–5806 and to Departmental 

Clearance Office, USDA, OCIO, Mail 

Stop 7602, Washington, DC 20250– 

7602. Comments regarding these 

information collections are best assured 

of having their full effect if received 

within 30 days of this notification. 

Copies of the submission(s) may be 

obtained by calling (202) 720–8958. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

Animal and Plant Health Inspection 

Service 

Title: Dairy Heifer Raiser 2010 Study. 

OMB Control Number: 0579–NEW. 

Summary of Collection: Collection 

and dissemination of animal health data 

and information is mandated by 7 

U.S.C. 391, the Animal Industry Act of 

1884, which established the precursor of 

the Animal and Plant Health Inspection 

Service (APHIS), Veterinary Service, 

and the Bureau of Animal Industry. 

Legal requirements for examining and 

reporting on animal disease control 

methods were further mandated by 7 

U.S.C. 8308 of the Animal Health 

Protection Act, ‘‘Detection, Control, and 

Eradication of Diseases and Pests,’’ May 

13, 2002. This submission is a request 

for approval to initiate the National 

Animal Health Monitoring Systems 

(NAHMS) Dairy Heifer Raiser 2010 

Study, an information collection by the 

Animal and Plant Health Inspection 

Service (APHIS). The study will be 

conducted with the assistance of State 

Animal Health Officials using NAHMS– 

242, ‘‘Dairy Heifer Raiser 

Questionnaire.’’ The Dairy Heifer Raiser 

2010 Study is a part of an ongoing series 

of NAHMS studies on the U.S. dairy 

population. 

Need and Use of the Information: The 

information collected through the Dairy 

Heifer Raiser 2010 Study will be 

analyzed and organized into descriptive 

reports. APHIS will use the data 

collected to: (1) Provide the first 

comprehensive information on animal 

health and management practices for 

heifer-raising operations; (2) Evaluate 

the biosecurity risks associated with 

heifer-raising operations (e.g., 

commingling cattle from multiple 

operations, exposing young cattle to 

Mexican cattle); and (3) Assist in the 

development of a biosecurity 

assessment that can be used to evaluate 

the risk of disease transmission (e.g., 

Tuberculosis, Bovine Viral diarrhea, 

etc.). Without this type of data, the 

ability to detect trends in management, 

production, and health status, either 

directly or indirectly, would be reduced 

or nonexistent. 

Description of Respondents: Business 

or other for-profit. 

Number of Respondents: 800. 

Frequency of Responses: Reporting: 

On occasion. 

Total Burden Hours: 752. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2011–571 Filed 1–12–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–NOP–10–0045; NOP–10–03] 

National Organic Program: Notice of 

Draft Guidance Concerning ‘‘Made With 

Organic (Specified Ingredients or Food 

Groups)’’ Products: Product 

Composition and Use of Percentage 

Statements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice with request for 

comments. 

SUMMARY: This notice announces draft 

guidance for the organic industry to 

address the labeling, composition of and 

use of percentage statements in ‘‘made 

with organic (specified ingredients or 

food groups).’’ Specifically, the draft 

guidance addresses (1) the use of nonorganic ingredients in ‘‘made with 

organic (specified ingredients or food 

groups)’’ products, and (2) the use of 

statements about the percentage of 

organic ingredients within the ‘‘made 

with organic (specified ingredients or 

food groups)’’ labeling category. 

The guidance explains the policy of 

the National Organic Program (NOP) 

concerning the portions of the 

regulations in question, referenced 

herein. The NOP invites organic 

producers, handlers, certifying agents, 

consumers and other interested parties 

to submit comments about these 

guidance provisions. A notice of 

availability of final guidance on this 

topic will be issued upon its final 

approval. Once finalized, this guidance 

document will be 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 


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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 2329 

National Organic Program (NOP) 

regulations. The current edition of the 

Program Handbook is available online at 

http://www.ams.usda.gov/nop or in 

print upon request. 

DATES: Comments must be submitted on 

or before March 14, 2011. 

ADDRESSES: NOP invites interested 

persons to submit comments pertaining 

to guidance on ‘‘made with organic 

(specified ingredients or food groups)’’ 

labeling and composition addressed 

herein using the following procedures: 

• Internet: http:// 

www.regulations.gov. 

• Mail: Comments may be submitted 

to Toni Strother, Agricultural Marketing 

Specialist, National Organic Program, 

USDA–AMS–NOP, Room 2646–So., Ag 

Stop 0268, 1400 Independence Ave., 

SW., Washington, DC 20250–0268. 

Written comments responding to this 

request should be identified with the 

document number AMS–NOP–10–0045; 

NOP–10–03. Clearly indicate the 

provision you are addressing and your 

support for or opposition to it and the 

reason for your position. Please include 

only relevant information and data to 

support your position. 

USDA intends to make available all 

comments, including names and 

addresses when provided, regardless of 

submission procedure used, on http:// 

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 request to 

make an appointment by calling (202) 

720–3252. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Bailey, 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: 

Purpose & Applicability 

The Organic Foods Production Act of 

1990 (OFPA), 7 U.S.C. Section 6501, et 

seq., as amended, and the NOP 

regulations implemented in 7 CFR part 

205, National Organic Program (NOP) 

Final Rule, regulate the production, 

handling, processing, and labeling of all 

raw or processed agricultural products 

to be sold, labeled, or represented as 

organic in the United States. 

This guidance describes the policies 

for certified operations, certifying agents 

accredited by the U.S. Department of 

Agriculture (USDA), and approved State 

Organic Programs with respect to ‘‘made 

with organic (specified ingredients or 

food group(s))’’ products in the 

following two areas: 

1. Restrictions on the use of nonorganic ingredients; and 

2. Statements about the percentage of 

organic ingredients. 

I. Product Composition 

Background 

The NOP regulations describe the 

composition requirements for products 

to be labeled as ‘‘100% organic,’’ 

‘‘organic,’’ and ‘‘made with organic 

(specified ingredients or food group(s)).’’ 

The purpose of this section is to explain 

the allowances and restrictions on the 

use of non-organic ingredients that may 

comprise up to 30 percent of a ‘‘made 

with organic (specified ingredients or 

food group(s))’’ product. 

According to § 205.301(c) products 

within the ‘‘made with organic 

(specified ingredients or food group(s))’’ 

labeling category must contain at least 

70 percent certified organic agricultural 

products. None of the ingredients in the 

final product may be produced using 

excluded methods (i.e., genetically 

modified organisms), sewage sludge or 

ionizing radiation. 

Multi-ingredient products labeled as 

‘‘made with organic (specified 

ingredients or food group(s))’’ may 

contain up to 30 percent of the 

following: (1) Conventionally produced 

(non-organic) agricultural products such 

as fruits, spices and grains regardless of 

the synthetic substances which may 

have been used in their production or 

processing; and (2) natural and 

synthetic ingredients or processing aids 

listed in § 205.605 Nonagricultural 

(nonorganic) substances allowed as 

ingredients in or on processed products 

labeled as ‘‘organic’’ or ‘‘made with 

organic (specified ingredients or food 

groups)).’’ Any synthetic substance may 

be used to manufacture a substance on 

§ 205.605; however, if the synthetic is 

present in the final § 205.605 substance, 

the synthetic must also be on the 

National List and allowed for the 

intended use. 

Policy Statement 

Products within the ‘‘made with 

organic (specified ingredients or food 

group(s))’’ labeling category must 

contain at least 70 percent certified 

organic agricultural products. The 

remaining 30 percent may include: 

1. Agricultural ingredients which are 

conventionally produced. These 

ingredients must not have been 

produced using excluded methods 

(genetically modified organisms), 

sewage sludge, or ionizing radiation, but 

may be produced using synthetic 

substances not appearing on the 

National List at § 205.605. 

2. Natural and synthetic ingredients 

or processing aids that are listed within 

§ 205.605. 


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2330 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 

II. Statement of Percentage of Organic 

Ingredients 

Background 

The NOP regulations (§§ 205.303(a) 

and 205.304(a)) state that products in 

packages described in §§ 205.301(a), (b), 

and (c), may display the terms, ‘‘100 

percent organic,’’ ‘‘organic,’’ and ‘‘made 

with organic (specified ingredients or 

food group(s)),’’ respectively, as 

applicable. These provisions also state 

these products may display the 

percentage of organic ingredients in the 

product. 

Accordingly, the NOP has received 

questions about whether a percentage 

statement may appear without a product 

composition statement (‘‘100% organic,’’ 

‘‘organic,’’ ‘‘made with organic (specified 

ingredients or food groups)’’ on a 

product package. For example, may a 

soup label state, ‘‘75 percent organic 

ingredients’’ on the principal display 

panel without a ‘‘made with organic 

vegetables’’ statement? 

The purpose of this section is to 

clarify (a) the display of product 

composition and percentage statements 

on packaged products, and (b) whether 

percentage statements can be used when 

the percent of the organic ingredients 

exceeds the product composition 

category. For example, may a soup label 

state ‘‘95 percent organic ingredients’’ 

when the soup qualifies only for a 

‘‘made with organic vegetables’’ claim? 

Policy Statement 

The ‘‘made with organic (specified 

ingredients or food group(s))’’ statement 

is essential to clarify the product 

category and may be used without the 

percentage statement. The statements, 

‘‘made with organic ingredients,’’ or 

‘‘made with (insert number)% organic 

ingredients,’’ do not comply with 

§§ 205.304(a)(1)(i) or (ii) and are not 

acceptable variations of a ‘‘made with 

organic’’ statement. The correct formats 

for ‘‘made with organic’’ statements are: 

‘‘made with organic (specified 

ingredients); or (specified food groups),’’ 

provided that the statement does not list 

more than three organically produced 

ingredients or food groups. 

A percentage statement must be 

accompanied by the statement, ‘‘made 

with organic (specified ingredients or 

food group(s))’’ when displayed on 

packages of products in this category, 

which are described in § 205.301(c). As 

written in the NOP regulations, the 

section heading for § 205.304, ‘‘Packaged 

products labeled ‘‘made with organic 

(specified ingredients or food group(s)),’’ 

implies that a ‘‘made with organic 

(specified ingredients or food group(s))’’ 

statement is present on the product, 

and, therefore, the product must contain 

at least 70 percent certified organic 

agricultural products. The ‘‘made with 

(specified ingredients or food group(s))’’ 

statement is particularly important 

when the product contains 95 percent or 

more organic ingredients; without it, a 

consumer cannot determine the 

appropriate product category and could 

be misled to assume that the product 

qualifies for the ‘‘organic’’ labeling 

category. 

A claim of ‘‘100% organic’’ should 

only be used for products that qualify 

under § 205.301(a). The ‘‘100% organic’’ 

claim refers to a particular labeling 

category within the NOP regulations 

and should not be used in combination 

with other NOP labeling categories. For 

example, a ‘‘made with 100% organic 

(specified ingredients or foods groups)’’ 

label may lead consumers into thinking 

that the ‘‘made with’’ product qualifies 

for the ‘‘100% organic’’ category. 

Acceptable variations of percentage 

statements include: ‘‘X% Organic,’’ ‘‘X% 

Organic Ingredients,’’ ‘‘Contains X% 

Organic Ingredients,’’ ‘‘Made with X% 

Organic Ingredients.’’ Each of the above 

versions of a percentage statement need 

to appear with a proper ‘‘made with 

organic’’ statement. Additional versions 

of percentage claim statements may be 

acceptable as long as they are not 

misleading. Percentage statements must 

appear without highlighting and in the 

same type size, font and color in its 

entirety. The size of a percentage 

statement must not exceed one-half of 

the largest type size on the display 

panel, in accordance with 

§ 205.304(a)(2). 

III. Significance of Guidance 

This draft guidance document is 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. The draft guidance, when 

finalized, will represent 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 


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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 2331 

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. 

The NOP strongly encourages the 

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. 

Authority: 7 U.S.C. 6501, et seq.; 7 CFR 

part 205. 

Dated: January 7, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–573 Filed 1–12–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Bridger-Teton National Forest 

Resource Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of Meeting. 

SUMMARY: The Bridger-Teton Resource 

Advisory Committee will meet in 

Kemmerer, Wyoming. The committee is 

meeting as authorized under the Secure 

Rural Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 

is to review project applications. 

DATES: The meeting will be held on 

February 14, 2011, and will begin at 5 

p.m. 

ADDRESSES: The meeting will be held at 

the Kemmerer Ranger District Office, 

308 U.S. Highway 189 North, 

Kemmerer, WY. Written comments 

should be sent to Tracy Hollingshead, 

Bridger-Teton National Forest, 308 Hwy 

189 North, Kemmerer, WY 83101. 

Comments may also be sent via e-mail 

to thollingshead@fs.fed.us, or via 

facsimile to 307–828–5135. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at BridgerTeton National Forest, Hwy 189 North, 

Kemmerer, WY 83101. Visitors are 

encouraged to call ahead to 307–877– 

4415 to facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Hollingshead, DFO, USDA, 

Bridger-Teton National Forest, Hwy 189 

North, Kemmerer, WY 83101; (307) 

877–4415; E-mail 

thollingshead@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. The 

following business will be conducted: 

(1) Approve minutes from November 29, 

2010 meeting. (2) Review and discuss 

project applications. (3) Update on 

potential additional Resource Advisory 

Committee applicants; and (4) Public 

Comment. Persons who wish to bring 

related matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. 

Dated: January 7, 2011. 

Tracy Hollingshead, 

Designated Federal Officer. 

[FR Doc. 2011–662 Filed 1–12–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Pike & San Isabel Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Pike & San Isabel 

Resource Advisory Committee will meet 

in Pueblo, Colorado. The committee is 

meeting as authorized under the Secure 

Rural Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 

of the conference call is for project 

coordination and understanding. 

DATES: The meeting will be held on 

February 10, 2011, and will begin at 9 

a.m. 

ADDRESSES: The conference call will be 

held at the Supervisor’s Office of the 

Pike & San Isabel National Forests, 

Cimarron and Comanche National 

Grasslands (PSICC) at 2840 Kachina Dr., 

Pueblo, Colorado. Written comments 

should be sent to Barbara Timock, 

PSICC, 2840 Kachina Dr., Pueblo, CO 

81008. Comments may also be sent via 

e-mail to btimock@fs.fed.us, or via 

facsimile to 719–553–1416. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at PSICC, 

2840 Kachina Dr., Pueblo, CO 81008. 

Visitors are encouraged to call ahead to 

719–553–1415 to facilitate entry into the 

building. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Timock, RAC coordinator, 

USDA, Pike & San Isabel National 

Forests, 2840 Kachina Dr., Pueblo, CO 

81008; (719) 553–1415; E-mail 

btimock@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: To 

understand project proposals and 

coordination efforts, the PSI–RAC will 

convene a conference call. No decisions 

will be made during this call and the 

RAC will report out at the next meeting. 

The February 10 conference call is open 

to the public. The following business 

will be conducted: (1) Review projects 

submitted to the Web site, (2) Discuss 

RAC member liaison efforts, (3) Public 

Comment. Persons who wish to bring 

related matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. Public input sessions will 

be provided and individuals who made 

written requests by February 7, 2011 

will have the opportunity to address the 

Committee at those sessions. 

Dated: January 7, 2011. 

John F. Peterson, 

Designated Federal Official. 

[FR Doc. 2011–670 Filed 1–12–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Idaho Panhandle Resource 

Advisory Committee Meeting 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the authorities in 

the Federal Advisory Committee Act 

(Pub. L. 92–463) and under the Secure 

Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 

110–343) the Idaho Panhandle Resource 

Advisory Committee will meet Friday, 

January 21, 2011, at 9 a.m. in Coeur 

d’Alene, Idaho for a business meeting. 

The business meeting is open to the 

public. 

DATES: January 21, 2011. 


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