46780 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules 

DEPARTMENT OF AGRICULTURE 

Office of Procurement and Property 

Management 

7 CFR Part 3201 

RIN 0599–AA26 

Designation of Product Categories for 

Federal Procurement 

AGENCY: Office of Procurement and 

Property Management, USDA. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) is proposing to 

amend the Guidelines for Designating 

Biobased Products for Federal 

Procurement (Guidelines) to add 30 

sections that will designate the product 

categories within which biobased 

products would be afforded 

procurement preference by Federal 

agencies and their contractors. These 30 

product categories contain finished 

products that are made, in large part, 

from intermediate ingredients that have 

been proposed for designation for 

Federal procurement preference. USDA 

is also proposing minimum biobased 

contents for each of these product 

categories. Additionally, USDA is 

proposing to amend the existing 

designated product categories of general 

purpose de-icers, firearm lubricants, 

laundry products, and water clarifying 

agents. 

DATES: USDA will accept public 

comments on this proposed rule until 

November 13, 2018. 

ADDRESSES: You may submit comments 

by any of the following methods. All 

submissions received must include the 

agency name and Regulatory 

Information Number (RIN). The RIN for 

this rulemaking is 0599–AA26. Also, 

please identify submittals as pertaining 

to the ‘‘Proposed Designation of Product 

Categories.’’ 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: biopreferred_support@

amecfw.com. Include RIN number 

0599–AA26 and ‘‘Proposed Designation 

of Product Categories’’ in the subject 

line. Please include your name and 

address in your message. 

• Mail/commercial/hand delivery: 

Mail or deliver your comments to: Karen 

Zhang, USDA, Office of Procurement 

and Property Management, Room 1640, 

USDA South Building, 1400 

Independence Avenue SW, Washington, 

DC 20250. 

• Persons with disabilities who 

require alternative means for 

communication for regulatory 

information (Braille, large print, 

audiotape, etc.) should contact the 

USDA TARGET Center at 202–720–2600 

(voice) and 202–690–0942 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Karen Zhang, USDA, Office of 

Procurement and Property Management, 

Room 1640, USDA South Building, 1400 

Independence Avenue SW, Washington, 

DC 20250; email: biopreferred_support@

amecfw.com; phone 919–765–9969. 

Information regarding the Federal 

preferred procurement program (one 

initiative of the BioPreferred Program) is 

available at http://

www.biopreferred.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Authority 

II. Background 

III. Summary of This Proposed Rule 

IV. Designation of Product Categories, 

Minimum Biobased Contents, and Time 

Frame 

A. Background 

B. Product Categories and Minimum 

Biobased Contents Proposed for 

Designation 

C. Proposed Amendments to Previously 

Designated Product Categories 

D. Compliance Date for Procurement 

Preference and Incorporation Into 

Specifications 

V. Where can agencies get more information 

on these USDA-designated product 

categories? 

VI. Regulatory Information 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Regulatory Flexibility Act (RFA) 

C. Executive Order 12630: Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

D. Executive Order 12988: Civil Justice 

Reform 

E. Executive Order 13132: Federalism 

F. Unfunded Mandates Reform Act of 1995 

G. Executive Order 12372: 

Intergovernmental Review of Federal 

Programs 

H. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

I. Paperwork Reduction Act 

J. E-Government Act 

I. Authority 

The designation of these product 

categories is proposed under the 

authority of section 9002 of the Farm 

Security and Rural Investment Act of 

2002 (the 2002 Farm Bill), as amended 

by the Food, Conservation, and Energy 

Act of 2008 (the 2008 Farm Bill), and 

further amended by the Agricultural Act 

of 2014 (the 2014 Farm Bill), 7 U.S.C. 

8102. (Section 9002 of the 2002 Farm 

Bill, as amended by the 2008 and the 

2014 Farm Bills, is referred to in this 

document as ‘‘section 9002’’.) 

II. Background 

Section 9002 provides for the 

preferred procurement of biobased 

products by Federal procuring agencies 

and is referred to hereafter in this 

Federal Register notice as the ‘‘Federal 

preferred procurement program.’’ Under 

the provisions specified in the 

‘‘Guidelines for Designating Biobased 

Products for Federal Procurement’’ in 

Title 7 of the U.S. Code of Federal 

Regulations (CFR), part 3201 

(Guidelines), the USDA BioPreferred 

Program ‘‘designates’’ product 

categories to which the preferred 

procurement requirements apply by 

listing them in subpart B of 7 CFR part 

3201. 

The term ‘‘product category’’ is used 

as a generic term in the designation 

process to mean a grouping of specific 

products that perform a similar 

function. As originally finalized, the 

Guidelines included provisions for the 

designation of product categories that 

were composed of finished, consumer 

products such as mobile equipment 

hydraulic fluids, penetrating lubricants, 

or hand cleaners and sanitizers. 

The 2008 and 2014 Farm Bills 

directed USDA to expand the scope of 

the Guidelines to include the 

designation of product categories 

composed of both intermediate 

ingredients and feedstock materials and 

finished products made from those 

materials. Specifically, the 2008 Farm 

Bill stated that USDA shall ‘‘designate 

those items (including finished 

products) that are or can be produced 

with biobased products (including 

biobased products for which there is 

only a single product or manufacturer in 

the category) that will be subject to’’ 

Federal preferred procurement, 

‘‘designate those intermediate 

ingredients and feedstocks that are or 

can be used to produce items that will 

be subject’’ to Federal preferred 

procurement, and ‘‘automatically 

designate items composed of 

[designated] intermediate ingredients 

and feedstocks . . . if the content of the 

designated intermediate ingredients and 

feedstocks exceeds 50 percent of the 

item (unless the Secretary determines a 

different composition percentage is 

appropriate).’’ 

USDA is, therefore, proposing to 

designate product categories that 

contain finished products made from 

biobased intermediate ingredients and 

feedstocks. 

Once USDA designates a product 

category, procuring agencies are 


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required, with some exceptions, to 

purchase biobased products within 

these designated product categories 

where the purchase price of the 

procurement product exceeds $10,000 

or where the quantity of such products 

or the functionally equivalent products 

purchased over the preceding fiscal year 

equaled $10,000 or more. Procuring 

agencies must procure biobased 

products within each product category 

unless they determine that products 

within a product category are not 

reasonably available within a reasonable 

period of time, fail to meet the 

reasonable performance standards of the 

procuring agencies, or are available only 

at an unreasonable price. As stated in 

the Guidelines, biobased products that 

are merely incidental to Federal funding 

are excluded from the Federal preferred 

procurement program; that is, the 

requirements to purchase biobased 

products do not apply to such purchases 

if they are unrelated to or incidental to 

the purpose of the Federal contract. For 

example, if a janitorial service company 

purchases cleaning supplies to be used 

in the performance of a Federal contract, 

the cleaning supplies would be subject 

to the authority of the Federal preferred 

procurement program. However, 

cleaning supplies purchased to maintain 

the offices from which the janitorial 

service company manages the Federal 

contract would be incidental to the 

performance of the contract and, as 

such, would not be subject to the 

authority of the Federal preferred 

procurement program. In implementing 

the Federal preferred procurement 

program for biobased products, 

procuring agencies should follow their 

procurement rules and Office of Federal 

Procurement Policy guidance on buying 

non-biobased products when biobased 

products exist and should document 

exceptions taken for price, performance, 

and availability. The definition of 

‘‘procuring agency’’ in section 9002 

includes both Federal agencies and ‘‘a 

person that is a party to a contract with 

any Federal agency, with respect to 

work performed under such a contract.’’ 

Thus, Federal contractors, as well as 

Federal agencies, are expressly subject 

to the procurement preference 

provisions of section 9002. 

USDA recognizes that the 

performance needs for a given 

application are important criteria in 

making procurement decisions. USDA is 

not requiring procuring agencies to limit 

their choices to biobased products that 

are categorized within the product 

categories proposed for designation in 

this proposed rule. Rather, the effect of 

the designation of the product categories 

is to require procuring agencies to 

determine their performance needs, 

determine whether there are qualified 

biobased products that are categorized 

within the designated product 

categories that meet the reasonable 

performance standards for those needs, 

and purchase such qualified biobased 

products to the maximum extent 

practicable as required by section 9002. 

Section 9002(a)(3)(B) requires USDA 

to provide information to procuring 

agencies on the availability, relative 

price, and performance of such products 

and to recommend, where appropriate, 

the minimum level of biobased content 

to be contained in the procured 

products. 

Subcategorization. Most of the 

product categories USDA has designated 

for Federal preferred procurement cover 

a wide range of products. For some 

product categories, there are subgroups 

of products that meet different 

requirements, uses, and/or different 

performance specifications. For 

example, within the product category 

‘‘hand cleaners and sanitizers,’’ 

products that are used in medical offices 

may be required to meet performance 

specifications for sanitizing, while other 

products that are intended for general 

purpose hand washing may not need to 

meet these specifications. Where such 

subgroups exist, USDA intends to create 

subcategories. Thus, for example, for the 

product category ‘‘hand cleaners and 

sanitizers,’’ USDA determined that it 

was reasonable to create a ‘‘hand 

cleaner’’ subcategory and a ‘‘hand 

sanitizer’’ subcategory. Sanitizing 

specifications are applicable to the latter 

subcategory, but not the former. In sum, 

USDA looks at the products within each 

product category to evaluate whether 

there are groups of products within the 

category that have unique 

characteristics or that meet different 

performance specifications and, if 

USDA finds these types of differences 

within a given product category, it 

intends to create subcategories with the 

minimum biobased content based on the 

tested products within the subcategory. 

For some product categories, 

however, USDA may not have sufficient 

information at the time of proposal to 

create subcategories. For example, 

USDA may know that there are different 

performance specifications that metal 

cleaners and corrosion remover 

products are required to meet, but it 

may have information on only one type 

of metal cleaner and corrosion remover 

product. In such instances, USDA may 

either designate the product category 

without creating subcategories (i.e., 

defer the creation of subcategories) or 

designate one subcategory and defer 

designation of other subcategories 

within the product category until 

additional information is obtained. 

Once USDA has received sufficient 

additional information to justify the 

designation of a subcategory, the 

subcategory will be designated through 

the proposed and final rulemaking 

process. 

In this proposed rule, USDA is 

proposing to subcategorize one of the 

product categories. That product 

category is concrete repair materials, 

and the proposed subcategories are: 

Concrete leveling and concrete 

patching. USDA created two 

subcategories for ‘‘concrete repair 

materials’’ to distinguish these products 

by function. Details on this proposed 

product category and its subcategories 

may be found in section IV.B of this 

rule. USDA requests public comment, 

along with supporting data, on the need 

to create subcategories within any of the 

other proposed product categories in 

this proposed rule. If public comments 

are received that support the creation of 

additional subcategories, USDA will 

consider the supporting data and may 

create subcategories in the final rule. 

Minimum Biobased Contents. The 

minimum biobased contents being 

proposed in this rule are based on 

products for which USDA has biobased 

content test data. USDA obtains 

biobased content data in conjunction 

with product manufacturers’ and 

vendors’ applications for certification to 

use the USDA Certified Biobased 

Product label. Products that are certified 

to display the label must undergo 

biobased content testing by an 

independent, third-party testing lab 

using ASTM D6866, ‘‘Standard Test 

Methods for Determining the Biobased 

Content of Solid, Liquid, and Gaseous 

Samples Using Radiocarbon Analysis.’’ 

These test data are maintained in the 

BioPreferred Program database, and 

their use in setting the minimum 

biobased content for designated product 

categories results in a more efficient 

process for both the Program and 

manufacturers and vendors of products 

within the product categories. 

As a result of the public comments 

received on the first designated product 

categories rulemaking proposal, USDA 

decided to account for the slight 

imprecision of three (3) percentage 

points in ASTM D6866 when 

establishing the minimum biobased 

content requirement for each proposed 

product category. Thus, rather than 

establishing the minimum biobased 

content for a product category at the 

tested biobased content of the product 

that was selected as the basis for the 

minimum value, USDA is establishing 


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the minimum biobased content for each 

product category at three (3) percentage 

points lower than the tested value. 

USDA believes that this adjustment is 

appropriate to account for the expected 

variations in analytical results. USDA 

encourages procuring agencies to seek 

products with the highest biobased 

content that is practicable in all 

proposed designated product categories. 

In addition to considering the 

biobased content test data for each 

product category, USDA also considers 

other factors, including product 

performance information. USDA 

evaluates this information to determine 

whether some products that may have a 

lower biobased content also have 

unique performance or applicability 

attributes that would justify setting the 

minimum biobased content at a level 

that would include these products. For 

example, a lubricant product that has a 

lower biobased content than others 

within the same product category and is 

formulated to perform over a wider 

temperature range than the other 

products may be more desirable to 

Federal agencies. Thus, it would be 

beneficial to set the minimum biobased 

content for the product category at a 

level that would include the product 

with desirable performance features. 

USDA also considers the overall range 

of the tested biobased contents within a 

product category, groupings of similar 

values, and breaks (significant gaps 

between two groups of values) in the 

biobased content test data array. For 

example, in a previously proposed 

product category, the biobased contents 

of seven tested products ranged from 17 

to 100 percent, as follows: 17, 41, 78, 79, 

94, 98, and 100 percent. Because this is 

a wide range and because there is a 

notable gap in the data between the 41 

percent biobased product and the 78 

percent biobased product, USDA 

reviewed the product literature to 

determine whether subcategories could 

be created within this product category. 

USDA found that the available product 

information did not justify creating a 

subcategory based on the 17 percent 

product or the 41 percent product. 

Further, USDA did not find any 

performance claims that would justify 

setting the minimum biobased content 

based on either the 17 percent or the 41 

percent products. Thus, USDA set the 

minimum biobased content for this 

product category at 75 percent, based on 

the product with a tested biobased 

content of 78 percent. USDA believes 

that this evaluation process allows it to 

establish minimum biobased contents 

based on a broad set of factors to assist 

the Federal procurement community in 

its decisions to purchase biobased 

products. 

USDA makes every effort to obtain 

biobased content test data on multiple 

products within each product category. 

For most designated product categories, 

USDA has biobased content test data on 

more than one product within the 

category. However, in some cases, 

USDA has been able to obtain biobased 

content data for only a single product 

within a designated product category. 

As USDA obtains additional data on the 

biobased contents of products within 

these designated product categories or 

their subcategories, USDA will evaluate 

whether the minimum biobased content 

for a designated product category or 

subcategory will be revised. 

Overlap with the Environmental 

Protection Agency’s (EPA) 

Comprehensive Procurement Guideline 

program for recovered content products 

under the Resource Conservation and 

Recovery Act (RCRA) section 6002. 

Some of the products that are 

categorized in biobased product 

categories that are designated for 

Federal preferred procurement under 

the BioPreferred Program may overlap 

with product categories that the U.S. 

Environmental Protection Agency (EPA) 

has designated under its Comprehensive 

Procurement Guideline (CPG) for 

products containing recovered (or 

recycled) materials. A list of the U.S. 

EPA Comprehensive Procurement 

Guideline (CPG) program’s product 

categories may be found on its website 

(https://www.epa.gov/smm/ 

comprehensive-procurement-guidelinecpg-program) and Title 40 CFR part 247 

in the CFR. In this proposed rule, some 

products that are categorized in the 

proposed product categories of concrete 

curing agents; concrete repair 

materials—concrete leveling; concrete 

repair materials—concrete patching; 

exterior paints and coatings; folders and 

filing products; other lubricants; 

playground and athletic surface 

materials; product packaging; rugs or 

floor mats; shopping and trash bags; soil 

amendments; and transmission fluids 

may also be categorized in one or more 

of the following product categories that 

are designated in EPA’s CPG program: 

• Construction Products: Cement and 

Concrete; Consolidated and Reprocessed 

Latex Paint for Specified Uses; 

• Landscaping Products: Compost 

Made From Recovered Organic 

Materials; Fertilizer Made From 

Recovered Organic Materials; 

• Miscellaneous Products: Mats; 

• Non-Paper Office Products: Binders, 

Clipboards, File Folders, Clip Portfolios, 

and Presentation Folders; Plastic 

Envelopes; Plastic Trash Bags; 

• Paper Products: Paperboard and 

Packaging; 

• Parks and Recreation Products: 

Playground Surfaces; Running Tracks; 

and 

• Vehicular Products: Re-Refined 

Lubricating Oil. 

More specifics regarding this overlap 

are addressed in section IV.B for each of 

this proposed product categories that 

was identified above. As such, USDA is 

asking manufacturers and vendors of 

qualifying biobased products to make 

additional product and performance 

information available to Federal 

agencies conducting market research to 

assist them in determining whether the 

biobased products in question are the 

same products for the same uses as the 

recovered content products. 

Manufacturers and vendors are asked to 

provide information highlighting the 

sustainable features of their biobased 

products and to indicate the various 

suggested uses of their product and the 

performance standards against which a 

particular product has been tested. In 

addition, depending on the type of 

biobased product, manufacturers and 

vendors are asked to provide other types 

of information, such as whether the 

product contains fossil energy-based 

components (e.g., petroleum, coal, or 

natural gas) and whether the product 

contains recovered materials. Federal 

agencies also may review available 

information on a product’s biobased 

content and then use this information to 

make purchasing decisions based on the 

sustainability features of the products. 

According to the Federal Acquisition 

Regulation, Title 48 CFR part 23.405, 

where a biobased product is used for the 

same purposes and meets the same 

Federal agency performance 

requirements as an EPA-designated 

recovered content product, the Federal 

agency must purchase the recovered 

content product. For example, if a 

biobased hydraulic fluid is to be used as 

a fluid in hydraulic systems and 

because ‘‘lubricating oils containing rerefined oil’’ have already been 

designated by EPA for that purpose, 

then the Federal agency must purchase 

the EPA-designated recovered content 

product, ‘‘lubricating oils containing rerefined oil.’’ If, on the other hand, the 

biobased hydraulic fluid is to be used to 

address a Federal agency’s certain 

environmental or health performance 

requirements that the EPA-designated 

recovered content product would not 

meet, then the biobased product should 

be given preference, subject to 

reasonable price, availability, and 

performance considerations. 

Federal Government Purchase of 

Sustainable Products. The Federal 


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government’s sustainable purchasing 

program includes the following three 

mandatory preference programs for 

designated products: The BioPreferred 

Program, the EPA’s CPG program, and 

the Environmentally Preferable 

Purchasing program. The Office of the 

Chief Sustainability Officer (OCSO) and 

the Office of Management and Budget 

(OMB) encourage agencies to implement 

these components comprehensively 

when purchasing products and services. 

Other Federal Preferred Procurement 

Programs. Federal procurement officials 

should also note that many biobased 

products may be available for purchase 

by Federal agencies through the 

AbilityOne Program (formerly known as 

the Javits-Wagner-O’Day (JWOD) 

program). Under this program, members 

of organizations including the National 

Industries for the Blind (NIB) and 

SourceAmerica (formerly known as the 

National Industries for the Severely 

Handicapped) offer products and 

services for preferred procurement by 

Federal agencies. 

The types of products that could be 

categorized in this proposed product 

categories could also be available for 

purchase in the AbilityOne Catalog 

(www.abilityone.com). USDA notes that 

the AbilityOne Catalog offers a 

combination of non-biobased and 

biobased products; therefore, the 

selection of biobased products that is 

currently available for purchase may be 

small. USDA encourages procuring 

agencies to first consider purchasing 

biobased products from the AbilityOne 

Catalog when fulfilling biobased 

product purchasing requirements. 

Some biobased products that are 

categorized in this proposed product 

categories of adhesives; cleaning tools; 

clothing; de-icers; durable cutlery; 

durable tableware; exterior paints and 

coatings; feminine care products; folders 

and filing products; gardening supplies 

and accessories; kitchenware and 

accessories; other lubricants; rugs and 

floor mats; and toys and sporting gear 

could be available for purchase in one 

or more of the following product 

categories in the AbilityOne Catalog: 

• Cleaning and Janitorial Products, 

• Clothing, 

• Furniture, 

• Hardware and Paints, 

• Kitchen and Breakroom Supplies, 

• Mailing and Shipping Supplies, 

• Office Supplies, 

• Outdoor Supplies, and 

• Skin and Personal Care. 

As indicated previously, there 

currently is a small selection of 

biobased products in the AbilityOne 

Catalog. In the future, if the AbilityOne 

Catalog were to offer a broader selection 

of biobased products for procuring 

agencies to purchase, the objectives of 

both the AbilityOne Program and the 

Federal preferred procurement program 

would be furthered. 

Outreach. To augment its own 

research, USDA consults with industry 

and Federal stakeholders to the Federal 

preferred procurement program during 

the development of the rulemaking 

packages for the designation of product 

categories. USDA consults with 

stakeholders to gather information used 

in determining the order of product 

category designation and in identifying 

the following: Manufacturers producing 

and marketing products that are 

categorized within a product category 

proposed for designation; performance 

standards used by Federal agencies 

evaluating products to be procured; and 

warranty information used by 

manufacturers of end-user equipment 

and other products with regard to 

biobased products. 

III. Summary of This Proposed Rule 

USDA is proposing to designate the 

following product categories for Federal 

preferred procurement: Adhesives; 

animal habitat care products; cleaning 

tools; concrete curing agents; concrete 

repair materials; durable cutlery; 

durable tableware; epoxy systems; 

exterior paints and coatings; facial care 

products; feminine care products; fire 

logs and fire starters; folders and filing 

products; foliar sprays; gardening 

supplies and accessories; heating fuels 

and wick lamps; kitchenware and 

accessories; other lubricants; phase 

change materials; playground and 

athletic surface materials; powder 

coatings; product packaging; rugs and 

floor mats; shopping and trash bags; soil 

amendments; surface guards, molding, 

and trim; toys and sporting gear; traffic 

and zone marking paints; transmission 

fluids; and wall coverings. In addition, 

USDA is proposing a minimum 

biobased content for each of these 

product categories and/or subcategories. 

Lastly, USDA is proposing a date by 

which Federal agencies must 

incorporate these designated product 

categories into their procurement 

specifications (see section IV.E). 

USDA is also proposing to amend the 

existing designated product categories 

of general purpose de-icers; firearm 

lubricants; laundry products; and water 

clarifying agents. Since USDA finalized 

the designation of each of these product 

categories, USDA has obtained 

additional information on products 

within these four categories. Thus, 

USDA is now proposing amendments to 

these four categories to more closely 

align the existing categories with data 

gathered since the categories were 

originally designated. 

USDA is working with manufacturers 

and vendors to make all relevant 

product and manufacturer contact 

information available on the 

BioPreferred Program’s website at 

http://www.biopreferred.gov. Steps 

USDA has implemented, or will 

implement, include the following: 

Making direct contact with submitting 

companies through email and phone 

conversations to encourage completion 

of product listings; coordinating 

outreach efforts with biobased product 

manufacturers to encourage 

participation of their customer base; 

conducting targeted outreach with 

industry and commodity groups to 

educate stakeholders on the importance 

of providing complete product 

information; participating in industry 

conferences and meetings to educate 

companies on program benefits and 

requirements; and communicating the 

potential for expanded markets beyond 

the Federal Government, to include 

State and local governments, as well as 

the general public markets. Section V 

provides instructions to agencies on 

how to obtain this information on 

products within these product 

categories through the BioPreferred 

Program’s website. 

Comments. USDA invites public 

comment on the proposed designation 

of these product categories, including 

the definition, proposed minimum 

biobased content, and any of the 

relevant analyses performed during 

their selection. In addition, USDA 

invites comments in the following areas: 

1. We have attempted to identify 

relevant and appropriate performance 

standards and other relevant measures 

of performance for each of the proposed 

product categories. If you know of other 

such standards or relevant measures of 

performance for any of the proposed 

product categories, USDA requests that 

you submit information identifying such 

standards and measures, including their 

name (and other identifying information 

as necessary), identifying who is using 

the standard/measure, and describing 

the circumstances under which the 

product is being used. 

2. Many biobased products within the 

product categories being proposed for 

designation will or may have positive 

environmental and human health 

attributes. USDA is seeking comments 

on such attributes to provide additional 

information on the BioPreferred 

Program’s website. This information 

will then be available to Federal 

procuring agencies and will assist them 

in making informed sustainable 

procurement decisions. When possible, 


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please provide appropriate 

documentation to support the 

environmental and/or human health 

attributes that you describe. 

3. Some product categories being 

proposed for designation today have 

wide ranges of tested biobased contents. 

For the reasons discussed later in this 

preamble, USDA is proposing a 

minimum biobased content for these 

product categories that would allow 

most of the tested products to be eligible 

for Federal preferred procurement. 

USDA welcomes comments on the 

appropriateness of the proposed 

minimum biobased contents for these 

product categories and whether there 

are potential subcategories within the 

product categories that should be 

considered. 

4. This proposed rule is expected to 

have both positive and negative impacts 

on individual businesses, including 

small businesses. USDA anticipates that 

the biobased Federal preferred 

procurement program will provide 

additional opportunities for businesses 

and manufacturers to begin supplying 

products under the proposed designated 

biobased product categories to Federal 

agencies and their contractors. However, 

other businesses and manufacturers that 

supply only non-qualifying products 

and do not offer biobased alternatives 

may experience a decrease in demand 

from Federal agencies and their 

contractors. Because USDA has been 

unable to determine the number of 

businesses, including small businesses, 

which may be adversely affected by this 

proposed rule, USDA requests comment 

on how many small entities may be 

affected by this rule and on the nature 

and extent of that effect. 

All comments should be submitted as 

directed in the ADDRESSES section 

above. 

IV. Designation of Product Categories, 

Minimum Biobased Contents, and Time 

Frame 

A. Background 

When designating product categories 

for Federal preferred procurement, 

section 9002 requires USDA to consider 

the following: (1) The availability of 

biobased products within the product 

categories and (2) the economic and 

technological feasibility of using those 

products. 

In considering a product’s 

availability, USDA uses several sources 

of information. The primary source of 

information for the product categories 

being proposed for designation is 

USDA’s database of manufacturers and 

products that have been certified to 

display the USDA Certified Biobased 

Product label. In addition, USDA 

performs internet searches, contacts 

trade associations and commodity 

groups, and contacts manufacturers and 

vendors to identify those with biobased 

products within product categories 

being considered for designation. USDA 

uses the results of these same searches 

to determine if a product category is 

generally available. 

In considering a product category’s 

economic and technological feasibility, 

USDA examines evidence pointing to 

the general commercial use of a product 

and its life-cycle cost and performance 

characteristics. This information is 

obtained from the sources used to assess 

a product’s availability. Commercial 

use, in turn, is evidenced by any 

manufacturer and vendor information 

on the availability, relative prices, and 

performance of their products as well as 

by evidence of a product being 

purchased by a procuring agency or 

other entity, where available. In sum, 

USDA considers a product category 

economically and technologically 

feasible for purposes of designation if 

products within that product category 

are being offered and used in the 

marketplace. 

As discussed earlier, USDA has 

implemented, or will implement, 

several steps intended to educate the 

manufacturers and other stakeholders 

on the benefits of this program and the 

need to make relevant information, 

including manufacturer contact 

information, available to procurement 

officials via the BioPreferred Program 

website. Additional information on 

specific products within the product 

categories proposed for designation may 

also be obtained directly from the 

manufacturers of the products. USDA 

has also provided information on the 

BioPreferred Program website for 

manufacturers and vendors who wish to 

position their businesses as biobased 

product vendors to the Federal 

Government. This information can be 

accessed by clicking on the ‘‘Selling 

Biobased’’ tab on the left side of the 

home page of the BioPreferred 

Program’s website. 

USDA recognizes that information 

related to the functional performance of 

biobased products is a primary factor in 

making the decision to purchase these 

products. USDA is gathering 

information on industry standard test 

methods and performance standards 

that manufacturers are using to evaluate 

the functional performance of their 

products. (Test methods are procedures 

used to provide information on a certain 

attribute of a product. For example, a 

test method might determine how many 

bacteria are killed. Performance 

standards identify the level at which a 

product must perform for it to be 

‘‘acceptable’’ to the entity that set the 

performance standard. For example, a 

performance standard might require that 

a certain percentage (e.g., 95 percent) of 

bacteria must be killed by the product.) 

The primary sources of information on 

these test methods and performance 

standards are manufacturers of biobased 

products within these product 

categories. Additional test methods and 

performance standards are also 

identified during meetings of the 

interagency council and during the 

review process for each proposed rule. 

The functional performance test 

methods, performance standards, 

product certifications, and other 

measures of performance associated 

with the functional aspects of each 

product category proposed for 

designation are listed under the detailed 

discussion presented in Section IV.B. 

While this process identifies many of 

the relevant test methods and standards, 

USDA recognizes that those identified 

herein do not represent all of the 

methods and standards that may be 

applicable for a product category or for 

any individual product within the 

category. As noted earlier in this 

preamble, USDA is requesting 

identification of other relevant 

performance standards and measures of 

performance. As the program continues 

to evolve, these and other additional 

relevant performance standards will be 

available on the BioPreferred Program’s 

website. 

To propose a product category for 

designation, USDA must have sufficient 

information on a sufficient number of 

products within the category to be able 

to assess its availability and its 

economic and technological feasibility. 

For some product categories, there may 

be numerous products available. For 

others, there may be very few products 

currently available. Given the infancy of 

the market for some product categories, 

it is expected that categories with only 

a single product will be identified. 

Further, given that the intent of section 

9002 is largely to stimulate the 

production of new biobased products 

and to energize emerging markets for 

those products, USDA has determined it 

is appropriate to designate a product 

category or subcategory for Federal 

preferred procurement even when there 

is only a single product with a single 

manufacturer or vendor. Similarly, the 

documented availability and benefits of 

even a very small percentage of all 

products that may exist within a 

product category are also considered 

sufficient to support designation. 


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Exemptions. Products that are exempt 

from the biobased procurement 

preference include military equipment, 

defined as any product or system 

designed or procured for combat or 

combat-related missions, and spacecraft 

systems and launch support equipment. 

However, USDA notes that it is not the 

intent of these exemptions to imply that 

biobased products are inferior to nonbiobased products; agencies are 

encouraged to purchase biobased 

products wherever performance, 

availability, and reasonable price 

indicate that such purchases are 

justified. 

Although each product category in 

this proposed rule would be exempt 

from the procurement preference 

requirement when used in spacecraft 

systems or launch support application 

or in military equipment used in combat 

and combat-related applications, this 

exemption does not extend to 

contractors performing work other than 

direct maintenance and support of the 

spacecraft or launch support equipment 

or combat or combat-related missions. 

For example, if a contractor is applying 

a paint remover product as a step in 

refurbishing office furniture on a 

military base, the paint remover the 

contractor purchases should be a 

qualifying biobased paint remover. The 

exemption does apply, however, if the 

product being purchased by the 

contractor is for use in combat or 

combat-related missions or for use in 

space or launch applications. After 

reviewing the regulatory requirement 

and the relevant contract, in areas where 

contractors have any questions on the 

exemption, they should contact the 

cognizant contracting officer. 

B. Product Categories and Minimum 

Biobased Contents Proposed for 

Designation 

In this proposed rule, USDA is 

proposing to designate the following: 

Adhesives; animal habitat care 

products; cleaning tools; concrete curing 

agents; concrete repair materials; 

durable cutlery; durable tableware; 

epoxy systems; exterior paints and 

coatings; facial care products; feminine 

care products; fire logs and fire starters; 

folders and filing products; foliar 

sprays; gardening supplies and 

accessories; heating fuels and wick 

lamps; kitchenware and accessories; 

other lubricants; phase change 

materials; playground and athletic 

surface materials; powder coatings; 

product packaging; rugs and floor mats; 

shopping and trash bags; soil 

amendments; surface guards, molding, 

and trim; toys and sporting gear; traffic 

and zone marking paints; transmission 

fluids; and wall coverings. 

USDA has determined that each of 

these product categories meets the 

necessary statutory requirements— 

namely, that they are being produced 

with biobased materials and that their 

procurement by procuring agencies will 

carry out the following objectives of 

section 9002: 

• To increase demand for biobased 

products, which would in turn increase 

demand for agricultural commodities 

that can serve as feedstocks for the 

production of biobased products; 

• To spur development of the 

industrial base through value-added 

agricultural processing and 

manufacturing in rural communities; 

and 

• To enhance the Nation’s energy 

security by substituting biobased 

products for products derived from 

imported oil and natural gas. 

Further, this designation of finished 

product categories made from 

designated intermediate ingredients was 

one key addition to Section 9002 made 

by the 2008 Farm Bill. 

In addition, because of the 

participation by the manufacturers of 

these products in the voluntary labeling 

program, USDA has sufficient 

information on these proposed product 

categories to determine their availability 

and to conduct the requisite analyses to 

determine their biobased content and 

their economic and technological 

feasibility. 

The proposed designated product 

categories are discussed in the following 

sections. 

1. Adhesives (Minimum Biobased 

Content 24 Percent) 

Adhesives are compounds that 

temporarily or permanently bind two 

item surfaces together. These products 

include glues and sticky tapes used in 

construction, household, flooring, and 

industrial settings. This category 

excludes epoxy systems. 

USDA identified six manufacturers 

and vendors of 10 biobased adhesives. 

These manufacturers and vendors do 

not include all manufacturers and 

vendors of biobased adhesives, merely 

those identified as USDA Certified 

Biobased Products in the BioPreferred 

Program’s database. These 10 biobased 

adhesives have biobased contents of 27, 

27, 28, 30, 30, 46, 48, 53, 71, and 71 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of the products categorized 

as adhesives. Thus, the proposed 

minimum biobased content for this 

product category is 24 percent, based on 

the products with tested biobased 

contents of 27 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

one additional test method (as shown 

below) that was used in evaluating 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the test method identified by this 

manufacturer and vendor is below: 

• ASTM E108 Standard Test 

Methods for Fire Tests of Roof 

Coverings. 

USDA has been unable to obtain data 

on the amount of adhesives purchased 

by Federal procuring agencies. 

However, USDA believes that some 

Federal agencies and their contractors 

do and would likely purchase these 

types of products. Additionally, as 

discussed earlier in section II, 

designating this finished product 

category would contribute towards 

fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Adhesives 

may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

intermediates—binders, intermediates— 

chemicals, intermediates—fibers and 

fabrics, intermediates—plastic resins, 

intermediates—rubber materials, and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, has been collected on 

adhesives and may be found on the 

BioPreferred Program’s website. 

2. Animal Habitat Care Products 

(Minimum Biobased Content 22 

Percent) 

Animal habitat care products are 

products that are intended to improve 

the quality of animal habitats such as 

cleaning supplies, sanitizers, feeders, 

and products that control, mask, or 

suppress pet odors. This category 

excludes animal bedding or litter 

products and animal cleaning products. 

USDA identified eight manufacturers 

and vendors of 52 biobased animal 

habitat care products. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased animal habitat care 

products, merely those identified as 


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USDA Certified Biobased Products in 

the BioPreferred Program’s database. 

These 52 biobased animal habitat care 

products range in biobased content from 

25 percent to 100 percent, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of the 

products categorized as animal habitat 

care products. Thus, the proposed 

minimum biobased content for this 

product category is 22 percent, based on 

the products with tested biobased 

contents of 25 percent. 

Information supplied by the eight 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

additional performance standards (as 

shown below) that were used in 

evaluating products within this product 

category. While there may be additional 

test methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

those identified by this manufacturer 

and vendor include the following: 

• GS–8 Green Seal Environmental 

Standard for Household Cleaning 

Products and 

• GS–37 Green Seal Standard for 

Industrial and Institutional Cleaners. 

USDA has been unable to obtain data 

on the amount of animal habitat care 

products purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Animal 

habitat care products may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—cleaner components; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

oils, fats, and waxes; intermediates— 

personal care product components; 

intermediates—plastic resins; 

intermediates—rubber materials; and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

animal habitat care products and may be 

found on the BioPreferred Program’s 

website. 

3. Cleaning Tools (Minimum Biobased 

Content 22 Percent) 

Cleaning tools are objects that are 

used to clean a variety of surfaces or 

items and are designed to be used 

multiple times. This category includes 

tools such as brushes, scrapers, abrasive 

pads, and gloves that are used for 

cleaning. The expendable materials 

used in cleaning, such as glass cleaners, 

single-use wipes, and all-purpose 

cleaners, are excluded from this 

category as these materials better fit in 

other categories. 

USDA identified five manufacturers 

and vendors of 21 biobased cleaning 

tools. These manufacturers and vendors 

do not include all manufacturers and 

vendors of biobased cleaning tools, 

merely those identified as USDA 

Certified Biobased Products in the 

BioPreferred Program’s database. These 

21 biobased cleaning tools range in 

biobased content from 25 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 22 percent, 

based on the product with a tested 

biobased content of 25 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of cleaning tools 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Cleaning 

tools may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—foams; 

intermediates—oils, fats, and waxes; 

intermediates—plastic resins; and 

intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

cleaning tools and may be found on the 

BioPreferred Program’s website. 

4. Concrete Curing Agents (Minimum 

Biobased Content 59 Percent) 

Concrete curing agents are products 

that are designed to enhance and control 

the curing process of concrete. 

USDA identified one manufacturer 

and vendor of one biobased concrete 

curing agent. This manufacturer and 

vendor is not the only manufacturer and 

vendor of biobased concrete curing 

agents; rather, it is the only 

manufacturer and vendor that was 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. This biobased concrete curing 

agent contains 62 percent biobased 

content, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude this product. Thus, the 

proposed minimum biobased content 

for this product category is 59 percent, 

based on the product’s tested biobased 

content of 62 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

this product is being used 

commercially. In addition, this 

manufacturer and vendor identified one 

additional test method (as shown below) 

that was used in evaluating the product 

within this product category. While 

there may be additional test methods, 

performance standards, product 

certifications, and other measures of 

performance applicable to products 

within this product category, the test 

method identified by this manufacturer 

and vendor is below: 

• ASTM C309 Standard 

Specification for Liquid MembraneForming Compounds for Curing 

Concrete. 

USDA has been unable to obtain data 

on the amount of concrete curing agents 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Concrete 


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curing agents may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—oils, fats, and waxes; 

and intermediates—paints and coating 

components. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

concrete curing agents and may be 

found on the BioPreferred Program’s 

website. 

Biobased concrete curing agents may 

overlap with the products categorized in 

the EPA’s CPG product category of 

Construction Products: Cement and 

Concrete. USDA is requesting that 

manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and other test 

methods or performance standards 

through which the product has 

undergone testing. This information will 

assist Federal agencies in determining 

whether qualifying biobased concrete 

curing agents overlap with the CPGdesignated product category of 

Construction Products: Cement and 

Concrete and which product should be 

afforded the preference in purchasing. 

5. Concrete Repair Materials (Minimum 

Biobased Content: 23 Percent for 

Concrete Leveling and 69 Percent for 

Concrete Patching) 

Concrete leveling materials are 

products that are designed to repair 

cracks and other damage to concrete by 

raising or stabilizing concrete. Concrete 

patching materials are products that are 

designed to repair cracks and other 

damage to concrete by filling and 

patching the concrete. 

USDA identified one manufacturer 

and vendor of two biobased concrete 

leveling products and one manufacturer 

and vendor of one biobased concrete 

patching product. These manufacturers 

and vendors do not include all 

manufacturers and vendors of biobased 

concrete repair materials, merely those 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. The biobased concrete repair 

materials—concrete leveling products— 

contain 26 percent and 46 percent 

biobased content, as measured by ASTM 

D6866. In establishing the minimum 

biobased content requirement for this 

product subcategory, USDA did not find 

a reason to exclude either of these 

products. Thus, the proposed minimum 

biobased content for this product 

subcategory is 23 percent, based on the 

product with a tested biobased content 

of 26 percent. The biobased concrete 

repair materials—concrete patching 

product—contains 72 percent biobased 

content, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude this product. Thus, the 

proposed minimum biobased content 

for this product subcategory is 69 

percent, based on the product’s tested 

biobased content of 72 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in these 

finished product subcategories. 

USDA has been unable to obtain data 

on the amount of concrete repair 

materials purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product subcategory would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Concrete 

repair materials may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

oils, fats, and waxes; intermediates— 

paint and coating components; and 

intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

Concrete Repair Materials and may be 

found on the BioPreferred Program’s 

website. 

Biobased concrete repair materials 

may overlap with the products 

categorized in the EPA’s CPG product 

category of Construction Products: 

Cement and Concrete. USDA is 

requesting that manufacturers and 

vendors of these qualifying biobased 

products provide information on the 

USDA website of qualifying biobased 

products about the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and other test 

methods or performance standards 

through which the product has 

undergone testing. This information will 

assist Federal agencies in determining 

whether qualifying biobased concrete 

repair materials overlap with the CPGdesignated product category of 

Construction Products: Cement and 

Concrete and which product should be 

afforded the preference in purchasing. 

6. Durable Cutlery (Minimum Biobased 

Content 28 Percent) 

Durable cutlery consists of dining 

utensils that are designed to be used 

multiple times. 

USDA identified one manufacturer 

and vendor of three biobased durable 

cutlery products. This manufacturer and 

vendor is not the only manufacturer and 

vendor of biobased durable cutlery; 

rather, it is the only one that was 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased durable 

cutlery products contain 31, 31, and 98 

percent biobased content, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 28 percent, based on the 

products with tested biobased contents 

of 31 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

these products are being used 

commercially. While this manufacturer 

and vendor did not identify additional 

test methods, performance standards, 

product certifications, and other 

measures of performance for these 

products, USDA is open to evaluating 

products that have undergone 

additional testing or have achieved 

other types of product certifications for 

inclusion in this finished product 

category. 

USDA has been unable to obtain data 

on the amount of durable cutlery 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Durable 

cutlery may be manufactured using the 


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following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—oils, fats, and 

waxes; intermediates—plastic resins; 

and intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

durable cutlery products and may be 

found on the BioPreferred Program’s 

website. 

7. Durable Tableware (Minimum 

Biobased Content 28 Percent) 

Durable tableware consists of 

multiple-use drinkware and dishware 

including cups, plates, bowls, and 

serving platters. 

USDA identified four manufacturers 

and vendors of 17 biobased durable 

tableware products. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased durable tableware, merely 

those identified as USDA Certified 

Biobased Products in the BioPreferred 

Program’s database. These biobased 

durable tableware products range in 

biobased content from 31 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 28 percent, 

based on the product with a tested 

biobased content of 31 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of durable tableware 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Durable 

tableware may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—oils, fats, and 

waxes; intermediates—plastic resins; 

and intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

durable tableware products and may be 

found on the BioPreferred Program’s 

website. 

8. Epoxy Systems (Minimum Biobased 

Content 23 Percent) 

Epoxy systems are two-component 

systems that are epoxy-based and are 

used as coatings, adhesives, surface 

fillers, and composite matrices. 

USDA identified six manufacturers 

and vendors of 13 biobased epoxy 

systems. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

epoxy systems, merely those identified 

as USDA Certified Biobased Products in 

the BioPreferred Program’s database. 

These biobased epoxy systems range in 

biobased content from 26 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 23 percent, 

based on the product with a tested 

biobased content of 26 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, two of these 

manufacturers and vendors identified 

additional test methods (as shown 

below) that were used in evaluating the 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the test methods identified by these two 

manufacturers and vendors include the 

following: 

• ASTM D638 Standard Test 

Method for Tensile Properties of 

Plastics, 

• ASTM D790 Standard Test 

Methods for Flexural Properties of 

Unreinforced and Reinforced Plastics 

and Electrical Insulating Materials, and 

• ASTM D2486 Standard Test 

Methods for Scrub Resistance of Wall 

Paints. 

USDA has been unable to obtain data 

on the amount of epoxy systems 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Epoxy 

systems may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—oils, fats, and 

waxes; intermediates—paints and 

coating components; and 

intermediates—plastic resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

epoxy systems and may be found on the 

BioPreferred Program’s website. 

9. Exterior Paints and Coatings 

(Minimum Biobased Content 83 

Percent) 

Exterior paints and coatings are liquid 

products that typically contain pigments 

to add color and are formulated for use 

on outdoor surfaces. When these 

products dry, they typically form a 

protective layer and provide a coat of 

color to the applied surface. This 

category includes paint and primers but 

excludes wood and concrete sealers and 

stains and specialty coatings such as 

roof coatings, wastewater system 

coatings, and water tank coatings. 

USDA identified one manufacturer 

and vendor of three biobased exterior 

paints and coatings. This manufacturer 

and vendor is not the only manufacturer 

and vendor of biobased exterior paints 

and coatings; rather, it is the only 

manufacturer and vendor that was 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased exterior paints 

and coatings have biobased contents of 

86, 87, and 89 percent, as measured by 

ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 83 percent, based on the 

product with a tested biobased content 

of 86 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

these products are being used 

commercially. While this manufacturer 

and vendor did not identify additional 

test methods, performance standards, 

product certifications, and other 

measures of performance for these 


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products, USDA is open to evaluating 

products that have undergone 

additional testing or have achieved 

other types of product certifications for 

inclusion in this finished product 

category. 

USDA has been unable to obtain data 

on the amount of exterior paints and 

coatings purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Exterior 

paints and coatings may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—oils, fats, and waxes; 

intermediates—paint and coating 

components; and intermediates—plastic 

resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

exterior paints and coatings and may be 

found on the BioPreferred Program’s 

website. 

Biobased exterior paints and coatings 

may overlap with the products 

categorized in the EPA’s CPG product 

category of Construction Products: 

Consolidated and Reprocessed Latex 

Paint for Specified Uses. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and performance 

standards through which the product 

has undergone testing. This information 

will assist Federal agencies in 

determining whether qualifying 

biobased exterior paints and coatings 

overlap with the CPG-designated 

product category of Construction 

Products: Consolidated and Reprocessed 

Latex Paint for Specified Uses and 

which product should be afforded the 

preference in purchasing. 

10. Facial Care Products (Minimum 

Biobased Content 88 Percent) 

Facial care products are cleansers, 

moisturizers, and treatments specifically 

designed for the face. These products 

are used to care for the condition of the 

face by supporting skin integrity, 

enhancing its appearance, and relieving 

skin conditions. This category does not 

include tools and applicators, such as 

those used to apply facial care products. 

USDA identified eight manufacturers 

and vendors of 18 biobased facial care 

products. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

facial care products, merely those 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased facial care 

products range in biobased content from 

91 percent to 100 percent, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 88 percent, based on the 

products with tested biobased contents 

of 91 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one 

manufacturer and vendor identified 

additional product certifications or 

performance standards (as shown 

below) that were used in evaluating the 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

those identified by this manufacturer 

and vendor include the followin: 

• USDA National Organic Program, 

• EU Organic Certification, and 

• Global Organic Textile Standard 

(GOTS). 

USDA has been unable to obtain data 

on the amount of facial care products 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Facial care 

products may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—foams; 

intermediates—oils, fats, and waxes; 

and intermediates—personal care 

product components. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

facial care products and may be found 

on the BioPreferred Program’s website. 

11. Feminine Care Products (Minimum 

Biobased Content 65 Percent) 

Feminine care products are products 

that are designed for maintaining 

feminine health and hygiene. This 

category includes sanitary napkins, 

panty liners, and tampons. 

USDA identified two manufacturers 

and vendors of 18 biobased feminine 

care products. These manufacturers and 

vendors are not the only manufacturers 

and vendors of biobased feminine care 

products; rather, they are the only 

manufacturers and vendors that were 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased feminine care 

products range in biobased content from 

68 percent to 99 percent, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 65 percent, based on the 

product with a tested biobased content 

of 68 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one 

manufacturer identified additional 

product certifications or performance 

standards (as shown below) that were 

used in evaluating the products within 

this product category. While there may 

be additional test methods, performance 

standards, product certifications, and 

other measures of performance 

applicable to products within this 

product category, those identified by 

this manufacturer include the following: 

• USDA National Organic Program, 

• EU Organic Certification, and 

• Global Organic Textile Standard 

(GOTS). 

USDA has been unable to obtain data 

on the amount of feminine care 

products purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Feminine 

care products may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 


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intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

personal care product components; 

intermediates—plastic resins; and 

intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

feminine care products and may be 

found on the BioPreferred Program’s 

website. 

12. Fire Logs and Fire Starters 

(Minimum Biobased Content 92 

Percent) 

Fire logs and fire starters are devices 

or substances that are used to start a fire 

intended for uses such as comfort heat, 

decoration, or cooking. Examples 

include fire logs and lighter fluid. This 

category excludes heating fuels for 

chafing dishes, beverage urns, warming 

boxes, and wick lamps. 

USDA identified 10 manufacturers 

and vendors of 18 biobased fire logs and 

fire starters. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

fire logs and fire starters, merely those 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased fire logs and 

fire starters range in biobased content 

from 95 percent to 100 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 92 percent, 

based on the product with a tested 

biobased content of 95 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, three of these 

manufacturers and vendors identified 

additional test methods, performance 

standards, and product certifications (as 

shown below) that were used in 

evaluating the products within this 

product category. While there may be 

additional test methods, performance 

standards, product certifications, and 

other measures of performance 

applicable to products within this 

product category, those identified by 

these manufacturers or vendors include 

the following: 

• ASTM D6751 Standard 

Specification for Biodiesel Fuel Blend 

Stock (B100) for Middle Distillate Fuels 

and 

• UL 2115 Standard for Processed 

Solid-Fuel Firelogs. 

USDA has been unable to obtain data 

on the amount of fire logs and fire 

starters purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Fire logs 

and fire starters may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—oils, fats, and waxes; 

and intermediates—plastic resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

fire logs and fire starters and may be 

found on the BioPreferred Program’s 

website. 

13. Folders and Filing Products 

(Minimum Biobased Content 66 

Percent) 

Folders and filing products are 

products that are designed to hold 

together items such as loose sheets of 

paper, documents, and photographs 

with clasps, fasteners, rings, or folders. 

This category includes binders, folders, 

and document covers. 

USDA identified one manufacturer 

and vendor of two biobased folders and 

filing products. This manufacturer and 

vendor is not the only manufacturer and 

vendor of biobased folders and filing 

products; rather, it is the only 

manufacturer and vendor that was 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These two biobased folders 

and filing products each contain 69 

percent biobased content, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude either of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 66 percent, based on the 

products with tested biobased contents 

of 69 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

these products are being used 

commercially. While this manufacturer 

and vendor did not identify additional 

test methods, performance standards, 

product certifications, and other 

measures of performance for these 

products, USDA is open to evaluating 

products that have undergone 

additional testing or have achieved 

other types of product certifications for 

inclusion in this finished product 

category. 

USDA has been unable to obtain data 

on the amount of folders and filing 

products purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Folders and 

filing products may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

oils, fats, and waxes; intermediates— 

plastic resins; and intermediates— 

rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

folders and filing products and may be 

found on the BioPreferred Program’s 

website. 

Biobased folders and filing products 

may overlap with the products 

categorized in the EPA’s CPG product 

categories of Non-Paper Office Products: 

Binders, Clipboards, File Folders, Clip 

Portfolios, and Presentation Folders and 

Non-Paper Office Products: Plastic 

Envelopes. USDA is requesting that 

manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and other test 

methods or performance standards 

through which the product has 

undergone testing. This information will 

assist Federal agencies in determining 

whether qualifying biobased folders and 

filing products overlap with the CPGdesignated product categories of NonPaper Office Products: Binders, 

Clipboards, File Folders, Clip Portfolios, 

and Presentation Folders and Non-Paper 

Office Products: Plastic Envelopes and 

which product should be afforded the 

preference in purchasing. 


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14. Foliar Sprays (Minimum Biobased 

Content 50 Percent) 

Foliar sprays are products that are 

applied to the leaves of plants and 

provide plants with nutrients. These 

products may also repair plants from 

previous pest attacks. Examples include 

liquid fertilizers, foliar feeds, and 

micronutrient solutions. 

USDA identified nine manufacturers 

and vendors of nine biobased foliar 

sprays. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

foliar sprays, merely those identified as 

USDA Certified Biobased Products in 

the BioPreferred Program’s database. 

These biobased foliar sprays have 

biobased contents of 53, 74, 80, 93, 97, 

97, 97, 100 and 100 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 50 percent, 

based on the product with a tested 

biobased content of 53 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

an additional test method (as shown 

below) that was used in evaluating the 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the test method identified by this 

manufacturer and vendor is below: 

• ASTM D4052 Standard Test 

Method for Density, Relative Density, 

and API Gravity of Liquids by Digital 

Density Meter. 

USDA has been unable to obtain data 

on the amount of foliar sprays 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Foliar 

sprays may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—cleaner 

components; and intermediates—oils, 

fats, and waxes. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

foliar sprays and may be found on the 

BioPreferred Program’s website. 

15. Gardening Supplies and Accessories 

(Minimum Biobased Content 43 

Percent) 

Gardening supplies and accessories 

are products that are used to grow 

plants in outdoor and indoor settings. 

Examples include seedling starter trays, 

nonwoven mats or substrates for 

hydroponics, and flower or plant pots. 

This category excludes compost 

activators and accelerators; erosion 

control materials; fertilizers, including 

soil inoculants; foliar sprays; mulch and 

compost materials; and soil 

amendments. 

USDA identified eight manufacturers 

and vendors of 12 biobased gardening 

supplies and accessories. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased gardening supplies and 

accessories, merely those identified as 

USDA Certified Biobased Products in 

the BioPreferred Program’s database. 

These biobased gardening supplies and 

accessories range in biobased content 

from 46 percent to 100 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 43 percent, 

based on the product with a tested 

biobased content of 46 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

an additional test method (as shown 

below) that was used in evaluating the 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the one identified by this manufacturer 

and vendor is below: 

• ASTM D6400 Standard 

Specification for Labeling of Plastics 

Designed to be Aerobically Composted 

in Municipal or Industrial Facilities. 

USDA has been unable to obtain data 

on the amount of gardening supplies 

and accessories purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Gardening 

supplies and accessories may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; and 

intermediates—plastic resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

gardening supplies and accessories and 

may be found on the BioPreferred 

Program’s website. 

16. Heating Fuels and Wick Lamps 

(Minimum Biobased Content 75 

Percent) 

Heating fuels and wick lamps are 

products that create controlled sources 

of heat or sustain controlled open 

flames that are used for warming food, 

portable stoves, beverage urns, or 

fondues. This category also includes 

wick lamps and their fuels that create 

controlled sources of light indoors and 

in camping or emergency preparedness 

situations. This category excludes fire 

logs and fire starters and candles and 

wax melts. 

USDA identified three manufacturers 

and vendors of 12 biobased heating 

fuels and wick lamps. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased heating fuels and wick 

lamps, merely those identified as USDA 

Certified Biobased Products in the 

BioPreferred Program’s database. These 

biobased heating fuels and wick lamps 

range in biobased content from 78 

percent to 100 percent, as measured by 

ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any of these 

products. Thus, the proposed minimum 

biobased content for this product 

category is 75 percent, based on the 

product with a tested biobased content 

of 78 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

an additional test method (as shown 

below) that was used in evaluating the 

products within this product category. 


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While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the test method identified by this 

manufacturer and vendor is below: 

• ASTM E1333 Standard Test 

Method for Determining Formaldehyde 

Concentrations in Air and Emission 

Rates from Wood Products Using a 

Large Chamber. 

USDA has been unable to obtain data 

on the amount of heating fuels and wick 

lamps purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Heating 

fuels and wick lamps may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—oils, fats, and waxes; 

and intermediates—plastic resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

heating fuels and wick lamps and may 

be found on the BioPreferred Program’s 

website. 

17. Kitchenware and Accessories 

(Minimum Biobased Content 22 

Percent) 

Kitchenware and accessories are 

products designed for food or drink 

preparation. These products include 

cookware and bakeware, such as baking 

cups, cookie sheets, parchment paper, 

and roasting bags or pans; cooking 

utensils, such as brushes, tongs, 

spatulas, and ladles; and food 

preparation items, such as cutting 

boards, measuring cups, mixing bowls, 

coffee filters, food preparation gloves, 

and sandwich and snack bags. These 

products exclude kitchen appliances, 

such as toasters, blenders, and coffee 

makers; disposable tableware; 

disposable cutlery; disposable 

containers; durable tableware; durable 

cutlery; and cleaning tools. 

USDA identified five manufacturers 

and vendors of 17 biobased kitchenware 

and accessories. These manufacturers 

and vendors do not include all 

manufacturers and vendors of biobased 

kitchenware and accessories, merely 

those identified as USDA Certified 

Biobased Products in the BioPreferred 

Program’s database. These 17 biobased 

kitchenware and accessories range in 

biobased content from 25 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 22 percent, 

based on the product with a tested 

biobased content of 25 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, these 

manufacturers and vendors identified 

one additional test method (as shown 

below) that was used in evaluating 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the test method identified by these 

manufacturers and vendors is below: 

• ASTM D6400 Standard 

Specification for Labeling of Plastics 

Designed to be Aerobically Composted 

in Municipal or Industrial Facilities. 

USDA has been unable to obtain data 

on the amount of kitchenware and 

accessories purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Kitchenware 

and accessories may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

oils, fats, and waxes; intermediates— 

plastic resins; intermediates—rubber 

materials; and intermediates—textile 

processing materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

kitchenware and accessories and may be 

found on the BioPreferred Program’s 

website. 

18. Other Lubricants (Minimum 

Biobased Content 39 Percent) 

Other lubricants are lubricant 

products that do not fit into any of the 

BioPreferred Program’s specific 

lubricant categories. This category 

includes lubricants that are formulated 

for specialized uses. Examples of other 

lubricants include lubricants used for 

sporting or exercise gear and equipment, 

musical instruments, and specialized 

equipment such as tree shakers. This 

category excludes lubricants that are 

covered by the specific lubricant 

categories such as chain and cable 

lubricants, firearm lubricants, forming 

lubricants, gear lubricants, multipurpose lubricants, penetrating 

lubricants, pneumatic equipment 

lubricants, and slide way lubricants. 

USDA identified five manufacturers 

and vendors of 14 biobased other 

lubricants. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

other lubricants, merely those identified 

as USDA Certified Biobased Products in 

the BioPreferred Program’s database. 

These biobased other lubricants range in 

biobased content from 42 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 39 percent, 

based on the product with a tested 

biobased content of 42 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified 

an additional test method (as shown 

below) that was used in evaluating the 

products within this product category. 

While there may be additional test 

methods, performance standards, 

product certifications, and other 

measures of performance applicable to 

products within this product category, 

the one identified by this manufacturer 

and vendor is below: 

• California Code of Regulations 

(CCR) Title 22, Section 66696 Static 

Acute Bioassay Procedures for 

Hazardous Waste Samples. 

USDA has been unable to obtain data 

on the amount of other lubricants 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 


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towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Other 

lubricants may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—cleaner 

components; intermediates—lubricant 

components; and intermediates—oils, 

fats, and waxes. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

other lubricants and may be found on 

the BioPreferred Program’s website. 

Biobased other lubricants may overlap 

with the products categorized in the 

EPA’s CPG product category of 

Vehicular Products: Re-Refined 

Lubricating Oil. USDA is requesting that 

manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and other test 

methods or performance standards 

through which the product has 

undergone testing. This information will 

assist Federal agencies in determining 

whether qualifying biobased Other 

Lubricants overlap with the CPGdesignated product category of 

Vehicular Products: Re-Refined 

Lubricating Oil and which product 

should be afforded the preference in 

purchasing. 

19. Phase Change Materials (Minimum 

Biobased Content 71 Percent) 

Phase change materials are products 

that are capable of absorbing and 

releasing large amounts of thermal 

energy by freezing and thawing at 

certain temperatures. Heat is absorbed 

or released when the material changes 

from solid to liquid and vice versa. 

Applications may include, but are not 

limited to, conditioning of buildings, 

medical applications, thermal energy 

storage, or cooling of food. Materials 

such as animal fats and plant oils that 

melt at desirable temperatures are 

typically used to make products in this 

category. 

USDA identified two manufacturers 

and vendors of eight biobased phase 

change materials. These manufacturers 

and vendors do not include all 

manufacturers and vendors of biobased 

phase change materials, merely those 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased phase change 

materials have biobased contents of 74, 

94, 100, 100, 100, 100, 100, and 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 71 percent, 

based on the product with a tested 

biobased content of 74 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that this product is being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of phase change 

materials purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Phase 

change materials may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; and 

intermediates—oils, fats, and waxes. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

phase change materials and may be 

found on the BioPreferred Program’s 

website. 

20. Playground and Athletic Surface 

Materials (Minimum Biobased Content 

22 Percent) 

Playground and athletic surface 

materials are products that are designed 

for use on playgrounds and athletic 

surfaces. Examples include materials 

that are applied to the surfaces of 

playgrounds, athletic fields, and other 

sports surfaces to enhance or change the 

color or general appearance of the 

surface and to provide safety and/or 

performance benefits. Such materials 

include, but are not limited to, top 

coatings, primers, line marking paints, 

and rubberized pellets that are used on 

athletic courts, tracks, natural or 

artificial turf, and other playing 

surfaces. This category does not include 

the artificial turf or surface itself, as that 

is included in the carpets product 

category. 

USDA identified two manufacturers 

and vendors of three biobased 

playground and athletic surface 

materials. These manufacturers and 

vendors are not the only manufacturers 

and vendors of biobased playground 

and athletic surface materials; rather, 

they are the only manufacturers and 

vendors that were identified through the 

USDA Certified Biobased Products 

listing in the BioPreferred Program’s 

database. These biobased playground 

and athletic surface materials have 

biobased contents of 25, 25, and 29 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 22 percent, 

based on the products with tested 

biobased contents of 25 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of playground and 

athletic surface materials purchased by 

Federal procuring agencies. However, 

USDA believes that some Federal 

agencies and their contractors do and 

would likely purchase these types of 

products. Additionally, as discussed 

earlier in Section II, designating this 

finished product category would 

contribute towards fulfilling the 2008 

Farm Bill requirements to designate 

products composed of designated 

intermediate ingredients and feedstocks. 

Playground and athletic surface 

materials may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—oils, fats, and 

waxes; intermediates—paint and coating 

components; intermediates—plastic 

resins; and intermediate—rubber 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 


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characteristics, have been collected on 

playground and athletic surface 

materials and may be found on the 

BioPreferred Program’s website. 

Biobased playground and athletic 

surface materials may overlap with the 

products categorized in the EPA’s CPG 

product categories of Parks and 

Recreation Products: Playground 

Surfaces and Running Tracks. USDA is 

requesting that manufacturers and 

vendors of these qualifying biobased 

products provide information on the 

USDA website regarding the intended 

uses of the product, whether the 

product contains any recovered material 

in addition to biobased ingredients, and 

other test methods or performance 

standards through which the product 

has undergone testing. This information 

will assist Federal agencies in 

determining whether qualifying 

biobased playground and athletic 

surface materials overlap with the CPGdesignated product categories of Parks 

and Recreation Products: Playground 

Surfaces and Running Tracks and which 

product should be afforded the 

preference in purchasing. 

21. Powder Coatings (Minimum 

Biobased Content 34 Percent) 

Powder coatings are polymer resin 

systems that are combined with 

stabilizers, curatives, pigments, and 

other additives and ground into a 

powder. These coatings are applied 

electrostatically to metallic surfaces and 

then cured under heat. Powder coatings 

are typically used for coating metals, 

such as vehicle and bicycle parts, 

household appliances, and aluminum 

extrusions. 

USDA identified one manufacturer 

and vendor of one biobased powder 

coating. This manufacturer and vendor 

is not the only manufacturer and vendor 

of biobased powder coatings; rather, it is 

the only manufacturer and vendor that 

was identified through the USDA 

Certified Biobased Products listing in 

the BioPreferred Program’s database. 

This biobased powder coating has a 

biobased content of 37 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude this product. Thus, the 

proposed minimum biobased content 

for this product category is 34 percent, 

based on the product’s tested biobased 

content of 37 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

this product is being used 

commercially. While this manufacturer 

and vendor did not identify additional 

test methods, performance standards, 

product certifications, and other 

measures of performance for this 

product, USDA is open to evaluating 

products that have undergone 

additional testing or have achieved 

other types of product certifications for 

inclusion in this finished product 

category. 

USDA has been unable to obtain data 

on the amount of powder coatings 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Powder 

coatings may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—paint and 

coating components; and 

intermediates—plastic resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

powder coatings and may be found on 

the BioPreferred Program’s website. 

22. Product Packaging (Minimum 

Biobased Content 25 Percent) 

Product packaging items are used to 

protect, handle, and retain a product 

during activities related but not limited 

to its storage, distribution, sale, and use. 

These containers are typically designed 

to be used once. This category excludes 

packing and insulating materials and 

shopping and trash bags. 

USDA identified 21 manufacturers 

and vendors of 64 biobased product 

packagings. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

product packaging, merely those 

identified through the USDA Certified 

Biobased Products listing in the 

BioPreferred Program’s database. These 

biobased product packaging range in 

biobased content from 28 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 25 percent, 

based on the product with a tested 

biobased content of 28 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, three of these 

manufacturers and vendors identified 

additional test methods or performance 

standards (as shown below) that were 

used in evaluating the products within 

this product category. While there may 

be additional test methods, performance 

standards, product certifications, and 

other measures of performance 

applicable to products within this 

product category, those identified by 

these manufacturers and vendors 

include the following: 

• ASTM D6400 Standard 

Specification for Labeling of Plastics 

Designed to be Aerobically Composted 

in Municipal or Industrial Facilities, 

• HACCP: Hazard and Critical 

Control Points, 

• ISO 9001 Quality Management 

Systems—Requirements, and 

• ISO 14001 Environmental 

Management Systems—Requirements 

with Guidance for Use. 

USDA has been unable to obtain data 

on the amount of product packaging 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Product 

packaging may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—foams; 

intermediates—oils, fats, and waxes; 

intermediates—paint and coating 

components; intermediates—plastic 

resins; and intermediates—rubber 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

product packaging and may be found on 

the BioPreferred Program’s website. 

Biobased product packaging may 

overlap with the products categorized in 

the EPA’s CPG product category of 

Paper Products: Paperboard and 

Packaging. USDA is requesting that 

manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and performance 

standards through which the product 

has undergone testing. This information 


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will assist Federal agencies in 

determining whether qualifying 

biobased product packaging overlaps 

with the CPG-designated product 

category of Paper Products: Paperboard 

and Packaging and which product 

should be afforded the preference in 

purchasing. 

23. Rugs and Floor Mats (Minimum 

Biobased Content 23 Percent) 

Rugs and floor mats are floor 

coverings that are used for decorative or 

ergonomic purposes and that are not 

attached to the floor. This category 

includes items such as area rugs, rug 

runners, chair mats, and bathroom and 

kitchen mats. This category excludes 

wall-to-wall carpet. 

USDA identified three manufacturers 

and vendors of eight biobased rugs and 

floor mats. These manufacturers and 

vendors are not the only manufacturers 

and vendors of biobased rugs and floor 

mats; rather, they are the manufacturers 

and vendors that were identified 

through the USDA Certified Biobased 

Products listing in the BioPreferred 

Program’s database. These biobased rugs 

and floor mats each have biobased 

contents of 26 or 30 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 23 percent, 

based on the products’ tested biobased 

contents of 26 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of rugs and floor mats 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Rugs and 

floor mats may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—foams; 

intermediates—oils, fats, and waxes; 

intermediates—plastic resins; 

intermediates—rubber materials; and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

rugs and floor mats and may be found 

on the BioPreferred Program’s website. 

Biobased rugs and floor mats may 

overlap with the products categorized in 

the EPA’s CPG product category of 

Miscellaneous Products: Mats. USDA is 

requesting that manufacturers and 

vendors of these qualifying biobased 

products provide information on the 

USDA website regarding the intended 

uses of the product, whether the 

product contains any recovered material 

in addition to biobased ingredients, and 

other test methods or performance 

standards through which the product 

has undergone testing. This information 

will assist Federal agencies in 

determining whether qualifying 

biobased rugs and floor mats overlap 

with the CPG-designated product 

category of Miscellaneous Products: 

Mats and which product should be 

afforded the preference in purchasing. 

24. Shopping and Trash Bags (Minimum 

Biobased Content 22 Percent) 

Shopping and trash bags are openended bags that are typically made of 

thin, flexible film and are used for 

containing and transporting items such 

as consumer goods and waste. Examples 

include trash bags, can liners, shopping 

or grocery bags, pet waste bags, compost 

bags, and yard waste bags. This category 

does not include product packaging, 

disposable containers, or semi-durable 

and non-durable films. 

USDA identified six manufacturers 

and vendors of nine shopping and trash 

bags. These manufacturers and vendors 

do not include all manufacturers and 

vendors of biobased shopping and trash 

bags, merely those identified as USDA 

Certified Biobased Products in the 

BioPreferred Program’s database. These 

biobased shopping and trash bags have 

biobased contents of 25, 26, 26, 38, 47, 

48, 75, 88 and 99 percent, as measured 

by ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any products. 

Thus, the proposed minimum biobased 

content for this product category is 22 

percent, based on the product with a 

tested biobased content of 25 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of shopping and trash 

bags purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Shopping 

and trash bags may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—oils, fats, and waxes; 

intermediates—paint and coating 

components; and intermediates—plastic 

resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

shopping and trash bags and may be 

found on the BioPreferred Program’s 

website. 

Biobased shopping and trash bags 

may overlap with the products 

categorized in the EPA’s CPG product 

category of Non-Paper Office Products: 

Plastic Trash Bags. USDA is requesting 

that manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and performance 

standards through which the product 

has undergone testing. This information 

will assist Federal agencies in 

determining whether qualifying 

biobased shopping and trash bags 

overlap with the CPG-designated 

product category of Non-Paper Office 

Products: Plastic Trash Bags and which 

product should be afforded the 

preference in purchasing. 


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25. Soil Amendments (Minimum 

Biobased Content 72 Percent) 

Soil amendments are materials that 

enhance the physical characteristics of 

soil through improving water retention 

or drainage, improving nutrient cycling, 

promoting microbial growth, or 

changing the soil’s pH. This category 

excludes foliar sprays and chemical 

fertilizers. 

USDA identified 15 manufacturers 

and vendors of 17 biobased soil 

amendments. These manufacturers and 

vendors do not include all 

manufacturers and vendors of biobased 

soil amendments, merely those 

identified through the USDA Certified 

Biobased Products listingin the 

BioPreferred Program’s database. These 

biobased soil amendments range in 

biobased content from 75 percent to 100 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 72 percent, 

based on the product with a tested 

biobased content of 75 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, two of these 

manufacturers and vendors identified 

additional test methods or product 

certifications (as shown below) that 

were used in evaluating the products 

within this product category. While 

there may be additional test methods, 

performance standards, product 

certifications, and other measures of 

performance that are applicable to 

products within this product category, 

the product certification identified by 

these manufacturers and vendors 

includes the following: 

• ASTM D6868 Standard 

Specification for Labeling of End Items 

that Incorporate Plastics and Polymers 

as Coatings or Additives with Paper and 

Other Substrates Designed to be 

Aerobically Composted in Municipal or 

Industrial Facilities and 

• US Composting Council Seal of 

Testing Assurance. 

USDA has been unable to obtain data 

on the amount of soil amendments 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Soil 

amendments may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; and 

intermediates—fibers and fabrics. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

soil amendments and may be found on 

the BioPreferred Program’s website. 

Biobased soil amendments may 

overlap with the products categorized in 

the EPA’s CPG product categories of 

Landscaping Products: Compost Made 

From Recovered Organic Materials and 

Landscaping Products: Fertilizer Made 

From Recovered Organic Materials. 

USDA is requesting that manufacturers 

and vendors of these qualifying 

biobased products provide information 

on the USDA website regarding the 

intended uses of the product, whether 

the product contains any recovered 

material, in addition to biobased 

ingredients, and other test methods or 

performance standards through which 

the product has undergone testing. This 

information will assist Federal agencies 

in determining whether qualifying 

biobased soil amendments overlap with 

the CPG-designated product categories 

of Landscaping Products: Compost 

Made From Recovered Organic 

Materials and Landscaping Products: 

Fertilizer Made From Recovered 

Organic Materials and which product 

should be afforded the preference in 

purchasing. 

26. Surface Guards, Molding, and Trim 

(Minimum Biobased Content 26 

Percent) 

Surface guards, molding, and trim 

products are typically used during 

construction or manufacturing. These 

products are designed to protect 

surfaces, such as walls and floors, from 

damage or to cover the exposed edges of 

furniture or floors. 

USDA identified two manufacturers 

and vendors of two surface guards, 

molding, and trim products. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased surface guards, molding, 

and trim products, merely those 

identified as USDA Certified Biobased 

Products in the BioPreferred Program’s 

database. These biobased surface 

guards, molding, and trim products 

have biobased contents of 29 percent 

and 35 percent, as measured by ASTM 

D6866. In establishing the minimum 

biobased content requirement for this 

product category, USDA did not find a 

reason to exclude any products. Thus, 

the proposed minimum biobased 

content for this product category is 26 

percent, based on the products with 

tested biobased contents of 29 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of surface guards, 

molding, and trim purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Surface 

guards, molding, and trim may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—oils, fats, and waxes; 

intermediates—plastic resins; and 

intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

surface guards, molding, and trim 

products and may be found on the 

BioPreferred Program’s website. 

27. Toys and Sporting Gear (Minimum 

Biobased Content 32 Percent) 

Toys and sporting gear are products 

that are designed for indoor or outdoor 

recreational use including, but not 

limited to, toys; games; and sporting 

equipment and accessories such as 

balls, bats, racquets, nets, and bicycle 

seats. This category does not include 

products such as cleaners, lubricants, 

and oils that are used to maintain or 

clean toys and sporting gear. 

USDA identified two manufacturers 

and vendors of seven toys and sporting 

gear. These manufacturers and vendors 

do not include all manufacturers and 

vendors of biobased toys and sporting 

gear, merely those identified as USDA 

Certified Biobased Products in the 


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BioPreferred Program’s database. These 

biobased toys and sporting gear have 

biobased contents ranging from 35 

percent to 100 percent, as measured by 

ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude any products. 

Thus, the proposed minimum biobased 

content for this product category is 32 

percent, based on the products with 

tested biobased contents of 35 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of toys and sporting gear 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Toys and 

sporting gear may be manufactured 

using the following designated 

intermediate ingredient and feedstock 

categories: Intermediates—binders; 

intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—foams; intermediates— 

lubricant components; intermediates— 

oils, fats, and waxes; intermediates— 

paint and coating components; 

intermediates—plastic resins; 

intermediates—rubber materials; and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

toys and sporting gear and may be found 

on the BioPreferred Program’s website. 

28. Traffic and Zone Marking Paints 

(Minimum Biobased Content 30 

Percent) 

Traffic and zone marking paints are 

products that are formulated and 

marketed for marking and striping 

streets, highways, or other traffic 

surfaces including, but not limited to, 

curbs, driveways, parking lots, 

sidewalks, and airport runways. 

USDA identified one manufacturer 

and vendor of five traffic and zone 

marking paints. This manufacturer and 

vendor is not the only manufacturer and 

vendor of biobased traffic and zone 

marking paints; rather, it is the only one 

identified through the USDA Certified 

Biobased Products listing in the 

BioPreferred Program’s database. These 

biobased traffic and zone marking paints 

have biobased contents of 33, 33, 34, 35, 

and 38 percent, as measured by ASTM 

D6866. In establishing the minimum 

biobased content requirement for this 

product category, USDA did not find a 

reason to exclude any products. Thus, 

the proposed minimum biobased 

content for this product category is 30 

percent, based on the products with 

tested biobased contents of 33 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

these products are being used 

commercially. While this manufacturer 

and vendor did not identify additional 

test methods, performance standards, 

product certifications, and other 

measures of performance for these 

products, USDA is open to evaluating 

products that have undergone 

additional testing or have achieved 

other types of product certifications for 

inclusion in this finished product 

category. 

USDA has been unable to obtain data 

on the amount of traffic and zone 

marking paints purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Traffic and 

zone marking paints may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—oils, fats, and waxes; 

intermediates—paint and coating 

components; and intermediates—plastic 

resins. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

traffic and zone marking paints and may 

be found on the BioPreferred Program’s 

website. 

29. Transmission Fluids (Minimum 

Biobased Content 60 Percent) 

Transmission fluids are liquids that 

lubricate and cool the moving parts in 

a transmission to prevent wearing and 

to ensure smooth performance. 

USDA identified two manufacturers 

and vendors of two transmission fluids. 

These manufacturers and vendors do 

not include all manufacturers and 

vendors of biobased transmission fluids, 

merely those identified through the 

USDA Certified Biobased Products 

listing in the BioPreferred Program’s 

database. These biobased transmission 

fluids have biobased contents of 63 

percent and 96 percent, as measured by 

ASTM D6866. In establishing the 

minimum biobased content requirement 

for this product category, USDA did not 

find a reason to exclude either product. 

Thus, the proposed minimum biobased 

content for this product category is 60 

percent, based on the product with a 

tested biobased content of 63 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of transmission fluids 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. 

Transmission fluids may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—lubricant components; 

and intermediates—oils, fats, and 

waxes. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

transmission fluids and may be found 

on the BioPreferred Program’s website. 


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Biobased transmission fluids may 

overlap with the products categorized in 

the EPA’s CPG product category of 

Vehicular Products: Re-Refined 

Lubricating Oil. USDA is requesting that 

manufacturers and vendors of these 

qualifying biobased products provide 

information on the USDA website 

regarding the intended uses of the 

product, whether the product contains 

any recovered material in addition to 

biobased ingredients, and other test 

methods or performance standards 

through which the product has 

undergone testing. This information will 

assist Federal agencies in determining 

whether qualifying biobased 

transmission fluids overlap with the 

CPG-designated product category of 

Vehicular Products: Engine Coolants 

and which product should be afforded 

the preference in purchasing. 

30. Wall Coverings (Minimum Biobased 

Content 62 Percent) 

Wall coverings are materials that are 

applied to walls using an adhesive. This 

category includes, but is not limited to, 

wallpaper, vinyl wall coverings, and 

wall fabrics. This category excludes all 

types of paints or coatings. 

USDA identified one manufacturer 

and vendor of five wall coverings. This 

manufacturer and vendor is not the only 

manufacturer and vendor of biobased 

wall coverings; rather, it is the only 

manufacturer and vendor that was 

identified through the USDA Certified 

Biobased Products listing in the 

BioPreferred Program’s database. These 

biobased wall coverings have biobased 

contents of 65, 68, 89, 89, and 89 

percent, as measured by ASTM D6866. 

In establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any products. Thus, the 

proposed minimum biobased content 

for this product category is 62 percent, 

based on the product with a tested 

biobased content of 65 percent. 

Information supplied by this 

manufacturer and vendor indicates that 

these products are being used 

commercially. In addition, this 

manufacturer and vendor identified an 

additional performance standard (as 

shown below) that was used in 

evaluating the products within this 

product category. While there may be 

additional test methods, performance 

standards, product certifications, and 

other measures of performance 

applicable to products within this 

product category, the performance 

standard identified by this manufacturer 

and vendor is below: 

• ACT Physical Properties 

Performance Guideline. 

USDA has been unable to obtain data 

on the amount of wall coverings 

purchased by Federal procuring 

agencies. However, USDA believes that 

some Federal agencies and their 

contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Wall 

coverings may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—plastic resins; 

intermediates—rubber materials; and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

wall coverings and may be found on the 

BioPreferred Program’s website. 

C. Proposed Amendments to Previously 

Designated Product Categories 

In this proposed rule, USDA is 

proposing to amend the previously 

designated product categories of general 

purpose de-icers; firearm lubricants; 

laundry products; and water clarifying 

agents. The proposed amendments are 

discussed in the following sections. 

1. General Purpose De-Icers 

Since the designation of the general 

purpose de-icers product category, 

USDA has gathered more information 

on de-icers intended for general purpose 

use and/or specialized use. In reviewing 

this information, USDA found that there 

is no significant difference in 

formulation or biobased content of deicers intended for general purpose or 

specialized use. As a result, USDA 

concluded that it is reasonable to 

include these products in a single, 

revised category for de-icers. USDA is 

proposing to revise the previously 

designated general purpose de-icers 

category to include both general 

purpose and specialized de-icers, as 

follows: 

De-Icers (Minimum Biobased Content 93 

Percent) 

De-icers are chemical products (e.g., 

salts, fluids) that are designed to aid in 

the removal of snow and/or ice, and/or 

in the prevention of the buildup of snow 

and/or ice, by lowering the freezing 

point of water. 

USDA identified five manufacturers 

and vendors of 13 biobased de-icers. 

These manufacturers and vendors do 

not include all manufacturers and 

vendors of biobased de-icers, merely 

those identified through the USDA 

Certified Biobased Products in the 

BioPreferred Program’s database. These 

biobased de-icers have biobased 

contents ranging from 96 percent to 100 

percent, as measured by ASTM D6866. 

USDA is not proposing a change to the 

minimum biobased content of the 

existing designated category. Thus, the 

proposed minimum biobased content 

for this product category is 93 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, two of these 

manufacturers and vendors identified 

additional test methods or performance 

standards (as shown below) that were 

used in evaluating the products within 

this product category. While there may 

be additional test methods, performance 

standards, product certifications, and 

other measures of performance 

applicable to products within this 

product category, those identified by 

these manufacturers and vendors 

include: 

• AMS1476B SAE International 

Deodorant, Aircraft Toilet Specification, 

• ASTM D1177 Standard Test 

Method for Freezing Point of Aqueous 

Engine Coolants, 

• ASTM D1384 Standard Test 

Method for Corrosion Test for Engine 

Coolants in Glassware, 

• Boeing D6–17487R Revision R 

Toilet Flushing Fluids, 

• EPA 2007.0 Acute Toxicity WET 

Method of Mysid, Americamysis bahia, 

and 

• FBC System Compatible Lubrizol 

Test Method-2009—NSF CPVC. 

USDA has been unable to obtain data 

on the amount of de-icers purchased by 

Federal procuring agencies. However, 

USDA believes that some Federal 

agencies and their contractors do and 

would likely purchase these types of 

products. Additionally, as discussed 

earlier in Section II, designating this 

finished product category would 

contribute towards fulfilling the 2008 

Farm Bill requirements to designate 

products composed of designated 

intermediate ingredients and feedstocks. 

De-icers may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders and 

intermediates—chemicals. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 


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de-icers and may be found on the 

BioPreferred Program’s website. 

2. Firearm Lubricants 

Since the designation of the firearm 

lubricants category, USDA has gathered 

more information on firearm lubricants, 

as well as other firearm care products, 

such as cleaners and protectants. In 

reviewing the information now 

available, USDA determined that 

firearm cleaners, lubricants, protectants, 

and products that are formulated as any 

combination thereof are similar in 

formulation and biobased content. 

Additionally, USDA found that many of 

these products are advertised as 

performing well in cleaning, lubricating, 

and protecting firearms. USDA 

concluded that it is reasonable to 

include these products in a single, 

revised category for firearm care 

products. Thus, USDA is proposing to 

revise the firearm lubricants category to 

include additional firearm care 

products, such as cleaners and 

protectants, as follows: 

Firearm Cleaners, Lubricants, and 

Protectants (Minimum Biobased Content 

32 Percent) 

Firearm cleaners, lubricants, and 

protectants are products that are 

designed to care for firearms by 

cleaning, lubricating, protecting, or any 

combination thereof. Examples include 

products that are designed for use in 

firearms to reduce the friction and wear 

between the moving parts of a firearm, 

to keep the weapon clean, and/or to 

prevent the formation of deposits that 

could cause the weapon to jam. 

USDA identified 14 manufacturers 

and vendors of 31 biobased firearm 

cleaners, lubricants, and protectants. 

These manufacturers and vendors do 

not include all manufacturers and 

vendors of biobased firearm cleaners, 

lubricants, and protectants, merely 

those identified as USDA Certified 

Biobased Products in the BioPreferred 

Program’s database. These biobased 

firearm cleaners, lubricants, and 

protectants range in biobased content 

from 35 percent to 100 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 32 percent, 

based on the product with a tested 

biobased content of 35 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of firearm cleaners, 

lubricants, and protectants purchased 

by Federal procuring agencies. 

However, USDA believes that some 

Federal agencies and their contractors 

do and would likely purchase these 

types of products. Additionally, as 

discussed earlier in Section II, 

designating this finished product 

category would contribute towards 

fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Firearm 

cleaners, lubricants, and protectants 

may be manufactured using the 

following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—cleaner 

components; intermediates—lubricant 

components; and intermediates—oils, 

fats, and waxes. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, has been collected on 

firearm cleaners, lubricants, and 

protectants and may be found on the 

BioPreferred Program’s website. 

3. Laundry Products 

USDA previously finalized the 

designation of the laundry products 

category. This category included two 

subcategories. Since that time, USDA 

has obtained additional information on 

products within this category and is 

now proposing to add one new 

subcategory within the laundry 

products category, as follows: 

Laundry Products—Dryer Sheets 

(Minimum Biobased Content 90 

Percent) 

Laundry products—dryer sheets are 

products that are designed to clean, 

condition, or otherwise affect the 

quality of the laundered material. Such 

products include but are not limited to 

laundry detergents, bleach, stain 

removers, and fabric softeners. These 

are small sheets that are added to 

laundry in clothes dryers to eliminate 

static cling, soften fabrics, or otherwise 

improve the characteristics of the fabric. 

These products are scented or 

unscented. 

USDA identified five manufacturers 

and vendors of seven biobased laundry 

products—dryer sheets. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased laundry products—dryer 

sheets, merely those identified as USDA 

Certified Biobased Products in the 

BioPreferred Program’s database. These 

biobased laundry products—dryer 

sheets have biobased contents of 93, 96, 

97, 97, 100, 100 and 100 percent, as 

measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any of these products. Thus, the 

proposed minimum biobased content 

for this product category is 90 percent, 

based on the product with a tested 

biobased content of 93 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. In addition, one of these 

manufacturers and vendors identified a 

product certification (as shown below) 

that was used in evaluating the products 

within this product category. While 

there may be additional test methods, 

performance standards, product 

certifications, and other measures of 

performance applicable to products 

within this product category, the one 

identified by this manufacturer and 

vendor is below: 

• FSC–STD–40 Forest Stewardship 

Council Standard for Chain of Custody 

Certification. 

USDA has been unable to obtain data 

on the amount of laundry products— 

dryer sheets purchased by Federal 

procuring agencies. However, USDA 

believes that some Federal agencies and 

their contractors do and would likely 

purchase these types of products. 

Additionally, as discussed earlier in 

Section II, designating this finished 

product category would contribute 

towards fulfilling the 2008 Farm Bill 

requirements to designate products 

composed of designated intermediate 

ingredients and feedstocks. Laundry 

products—dryer sheets may be 

manufactured using the following 

designated intermediate ingredient and 

feedstock categories: Intermediates— 

binders; intermediates—chemicals; 

intermediates—fibers and fabrics; 

intermediates—oils, fats, and waxes; 

intermediates—plastic resins; and 

intermediates—textile processing 

materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, have been collected on 

laundry products—dryer sheets and 


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may be found on the BioPreferred 

Program’s website. 

4. Water Clarifying Agents 

USDA is proposing the revise the 

designated water clarifying agents 

category by expanding the definition so 

that the category includes water 

treatment chemicals, as well as water 

clarifying agents. Since the designation 

of the water clarifying agents product 

category, USDA has gathered more 

information about water clarifying 

agents, as well as other types of water 

or wastewater treatment chemicals. In 

reviewing the information available, 

USDA determined that these types of 

products are similar in formulation, 

biobased content, and use. USDA 

concluded that it is reasonable to 

include these products in a single, 

revised category for water or wastewater 

treatment chemicals. Therefore, USDA 

is proposing to revise the Water 

Clarifying Agents category as follows: 

Water or Wastewater Treatment 

Chemicals (Minimum Biobased Content 

87 Percent) 

Water or wastewater treatment 

chemicals are chemicals that are 

specifically formulated to purify raw 

water or to treat and purify wastewater 

from residential, commercial, industrial, 

and agricultural systems. Examples 

include coagulants, flocculants, 

neutralizing agents, activated carbon, or 

defoamers. This category excludes 

microbial cleaning products. 

USDA identified five manufacturers 

and vendors of seven water or 

wastewater treatment chemicals. These 

manufacturers and vendors do not 

include all manufacturers and vendors 

of biobased water and wastewater 

treatment chemicals, merely those 

identified through the USDA Certified 

Biobased Products listing in the 

BioPreferred Program’s database. These 

biobased water or wastewater treatment 

chemicals have biobased contents of 90, 

97, 98, 100, 100, 100, and 100 percent, 

as measured by ASTM D6866. In 

establishing the minimum biobased 

content requirement for this product 

category, USDA did not find a reason to 

exclude any products. Thus, the 

proposed minimum biobased content 

for this product category is 87 percent, 

based on the product with a tested 

biobased content of 90 percent. 

Information supplied by these 

manufacturers and vendors indicates 

that these products are being used 

commercially. While these 

manufacturers and vendors did not 

identify additional test methods, 

performance standards, product 

certifications, and other measures of 

performance for these products, USDA 

is open to evaluating products that have 

undergone additional testing or have 

achieved other types of product 

certifications for inclusion in this 

finished product category. 

USDA has been unable to obtain data 

on the amount of water or wastewater 

treatment chemicals purchased by 

Federal procuring agencies. However, 

USDA believes that some Federal 

agencies and their contractors do and 

would likely purchase these types of 

products. Additionally, as discussed 

earlier in Section II, designating this 

finished product category would 

contribute towards fulfilling the 2008 

Farm Bill requirements to designate 

products composed of designated 

intermediate ingredients and feedstocks. 

Water or wastewater treatment 

chemicals may be manufactured using 

the following designated intermediate 

ingredient and feedstock categories: 

Intermediates—binders; intermediates— 

chemicals; intermediates—fibers and 

fabrics; intermediates—plastic resins; 

and intermediates—rubber materials. 

Specific product information, 

including company contact, intended 

use, biobased content, and performance 

characteristics, has been collected on 

water or wastewater treatment 

chemicals and may be found on the 

BioPreferred Program’s website. 

D. Compliance Date for Procurement 

Preference and Incorporation Into 

Specifications 

USDA intends for the final rule to 

take effect thirty (30) days after 

publication of the final rule. However, 

USDA is proposing that procuring 

agencies would have a one-year 

transition period, starting from the date 

of publication of the final rule, before 

the procurement preference for biobased 

products within a designated product 

category would take effect. 

USDA is proposing a one-year period 

before the procurement preferences 

would take effect because it recognizes 

that Federal agencies will need time to 

incorporate the preferences into 

procurement documents and to revise 

existing standardized specifications. 

Both section 9002(a)(3) and 7 CFR 

3201(c) explicitly acknowledge the need 

for Federal agencies to have sufficient 

time to revise the affected specifications 

to give preference to biobased products 

when purchasing products within the 

designated product categories. 

Procuring agencies will need time to 

evaluate the economic and 

technological feasibility of the available 

biobased products for their agencyspecific uses and for compliance with 

agency-specific requirements. 

By the time these product categories 

are promulgated for designation, Federal 

agencies will have had a minimum of 18 

months (from the date of this Federal 

Register notice), and much longer 

considering when the Guidelines were 

first proposed and these requirements 

were first laid out, to implement these 

requirements. 

For these reasons, USDA proposes 

that the mandatory preference for 

biobased products under the designated 

product categories take effect one year 

after promulgation of the final rule. The 

one-year period provides these agencies 

with ample time to evaluate the 

economic and technological feasibility 

of biobased products for a specific use 

and to revise the specifications 

accordingly. However, some agencies 

may be able to complete these processes 

more expeditiously, and not all uses 

will require extensive analysis or 

revision of existing specifications. 

Although it is allowing up to one year, 

USDA encourages procuring agencies to 

implement the procurement preferences 

as early as practicable for procurement 

actions involving any of the designated 

product categories. 

V. Where can agencies get more 

information on these USDA-designated 

product categories? 

The information used to develop this 

proposed rule was voluntarily 

submitted by the manufacturers of 

products that are categorized within the 

product categories being proposed. 

These manufacturers sought to 

participate in the BioPreferred 

Program’s USDA Certified Biobased 

Product labeling initiative and 

submitted product information 

necessary for certification. Information 

on each of these products can be found 

on the BioPreferred Program’s website 

(http://www.biopreferred.gov). 

Further, once the product category 

designations in this proposal become 

final, manufacturers and vendors 

voluntarily may make available 

additional information on specific 

products for posting by the agency on 

the BioPreferred Program’s website. 

USDA has begun performing periodic 

audits of the information displayed on 

the BioPreferred Program’s website and, 

where questions arise, is contacting the 

manufacturer or vendor to verify, 

correct, or remove incorrect or out-ofdate information. Procuring agencies 

should contact the manufacturers and 

vendors directly to discuss specific 

needs and to obtain detailed 

information on the availability and 

prices of biobased products meeting 

those needs. 


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By accessing the BioPreferred 

Program’s website, agencies may also be 

able to obtain any voluntarily-posted 

information on each product concerning 

the following: Relative price; life-cycle 

costs; hot links directly to a 

manufacturer’s or vendor’s website (if 

available); performance standards 

(industry, government, military, ASTM/ 

ISO) that the product has been tested 

against; and environmental and public 

health information. 

VI. Regulatory Information 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Executive Order 12866, as 

supplemented by Executive Order 

13563, requires agencies to determine 

whether a regulatory action is 

‘‘significant.’’ The Order defines a 

‘‘significant regulatory action’’ as one 

that is likely to result in a rule that may: 

‘‘(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect, in a material way, the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order.’’ 

This proposed rule has been 

determined by the Office of 

Management and Budget to be not 

significant for purposes of Executive 

Order 12866. We are not able to quantify 

the annual economic effect associated 

with this proposed rule. USDA 

attempted to obtain information on the 

Federal agencies’ usage within the 

proposed new product categories being 

added and the existing categories being 

amended. These efforts were largely 

unsuccessful. Therefore, attempts to 

determine the economic impacts of this 

proposed rule would require estimation 

of the anticipated market penetration of 

biobased products based upon many 

assumptions. In addition, because 

agencies have the option of not 

purchasing products within designated 

product categories if price is 

‘‘unreasonable,’’ the product is not 

readily available, or the product does 

not demonstrate necessary performance 

characteristics, certain assumptions may 

not be valid. While facing these 

quantitative challenges, USDA relied 

upon a qualitative assessment to 

determine the impacts of this proposed 

rule. 

1. Summary of Impacts 

This proposed rule is expected to 

have both positive and negative impacts 

to individual businesses, including 

small businesses. USDA anticipates that 

the Federal preferred procurement 

program will ultimately provide 

additional opportunities for businesses 

and manufacturers to begin supplying 

products under the proposed designated 

biobased product categories to Federal 

agencies and their contractors. However, 

other businesses and manufacturers that 

supply only non-qualifying products 

and do not offer biobased alternatives 

may experience a decrease in demand 

from Federal agencies and their 

contractors. USDA is unable to 

determine the number of businesses, 

including small businesses, that may be 

adversely affected by this proposed rule. 

The proposed rule, however, will not 

affect existing purchase orders, nor will 

it preclude businesses from modifying 

their product lines to meet new 

requirements for designated biobased 

products. Because the extent to which 

procuring agencies will find the 

performance, availability and/or price of 

biobased products acceptable is 

unknown, it is impossible to quantify 

the actual economic effect of the rule. 

2. Benefits of the Proposed Rule 

The designation of these product 

categories would provide the benefits 

outlined in the objectives of section 

9002: To increase domestic demand for 

many agricultural commodities that can 

serve as feedstocks for production of 

biobased products and to spur 

development of the industrial base 

through value-added agricultural 

processing and manufacturing in rural 

communities. On a national and 

regional level, this proposed rule can 

result in expanding and strengthening 

markets for biobased materials used in 

these product categories. 

3. Costs of the Proposed Rule 

Like the benefits, the costs of this 

proposed rule have not been quantified. 

Two types of costs are involved: Costs 

to producers of products that will 

compete with the preferred products 

and costs to Federal agencies to provide 

procurement preference for the 

preferred products. Producers of 

competing products may face a decrease 

in demand for their products to the 

extent Federal agencies refrain from 

purchasing their products. However, it 

is not known to what extent this may 

occur. Pre-award procurement costs for 

Federal agencies may rise minimally as 

the contracting officials conduct market 

research to evaluate the performance, 

availability, and price reasonableness of 

preferred products before making a 

purchase. 

B. Regulatory Flexibility Act (RFA) 

The RFA, 5 U.S.C. 601–602, generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

USDA evaluated the potential impacts 

of its proposed designation of these 

product categories to determine whether 

its actions would have a significant 

impact on a substantial number of small 

entities. Because the Federal preferred 

procurement program established under 

section 9002 applies only to Federal 

agencies and their contractors, small 

governmental (city, county, etc.) 

agencies are not affected. Thus, the 

proposal, if promulgated, will not have 

a significant economic impact on small 

governmental jurisdictions. 

USDA anticipates that this program 

will affect entities, both large and small, 

that manufacture or sell biobased 

products. For example, the designation 

of product categories for Federal 

preferred procurement will provide 

additional opportunities for businesses 

to manufacture and sell biobased 

products to Federal agencies and their 

contractors. Similar opportunities will 

be provided for entities that supply 

biobased materials to manufacturers. 

The intent of section 9002 is largely 

to stimulate the production of new 

biobased products and to energize 

emerging markets for those products. 

Because the program continues to 

evolve, however, it is unknown how 

many businesses will ultimately be 

affected. While USDA has no data on 

the number of small businesses that may 

choose to develop and market biobased 

products within the product categories 

designated by this rulemaking, the 

number is expected to be small. Because 

biobased products represent an 

emerging market for products that are 

alternatives to traditional products with 

well-established market shares, only a 

small percentage of all manufacturers, 

large or small, are expected to develop 

and market biobased products. Thus, 


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the number of small businesses 

manufacturing biobased products 

affected by this rulemaking is not 

expected to be substantial. 

The Federal preferred procurement 

program may decrease opportunities for 

businesses that manufacture or sell nonbiobased products or provide 

components for the manufacturing of 

such products. Most manufacturers of 

non-biobased products within the 

product categories being proposed for 

designation for Federal preferred 

procurement in this rule are expected to 

be included under the following North 

American Industry Classification 

System (NAICS) codes: 

• 314 Textile Product Mills; 

• 3169 Other Leather and Allied 

Product Manufacturing; 

• 32419 Other Petroleum and Coal 

Products Manufacturing; 

• 3255 Paint, Coating, and Adhesive 

Manufacturing; 

• 3256 Soap, Cleaning Compound, 

and Toilet Preparation Manufacturing; 

• 325212 Synthetic Rubber 

Manufacturing; 

• 325998 All Other Miscellaneous 

Chemical Product and Preparation 

Manufacturing; 

• 325220 Artificial and Synthetic 

Fibers and Filaments Manufacturing; 

• 32611 Plastics Packaging 

Materials and Unlaminated Film and 

Sheet Manufacturing; 

• 32614 Polystyrene Foam Product 

Manufacturing; 

• 32615 Urethane and Other Foam 

Product (except Polystyrene) 

Manufacturing; 

• 32616 Plastics Bottle 

Manufacturing; 

• 32619 Other Plastics Product 

Manufacturing; 

• 3262 Rubber Product 

Manufacturing; 

• 3322 Cutlery and Handtool 

Manufacturing; 

• 3324 Boiler, Tank, and Shipping 

Container Manufacturing; 

• 3328 Coating, Engraving, Heat 

Treating, and Allied Activities; 

• 33992 Sporting and Athletic 

Goods Manufacturing; 

• 33993 Doll, Toy, and Game 

Manufacturing; 

• 33994 Office Supplies (except 

Paper) Manufacturing; 

• 339994 Broom, Brush, and Mop 

Manufacturing; and 

• 339999 All Other Miscellaneous 

Manufacturing. 

USDA obtained information on these 

24 NAICS categories from the U.S. 

Census Bureau’s Economic Census 

database. USDA found that in 2012, the 

Survey of Business Owners data 

indicate that there were about 42,365 

firms with paid employees within these 

24 NAICS categories. When considering 

the 2012 Business Patterns Geography 

Area Series data in conjunction, these 

firms owned a total of about 48,532 

individual establishments. Thus, the 

average number of establishments per 

company is about 1.15. The 2012 

Business Patterns Geography Area 

Series data also reported that of the 

48,532 individual establishments, about 

48,306 (99.5 percent) had fewer than 

500 paid employees. USDA also found 

that the average number of paid 

employees per firm among these 

industries was about 35. Thus, nearly all 

of the businesses meet the Small 

Business Administration’s definition of 

a small business (less than 500 

employees, in most NAICS categories). 

USDA does not have data on the 

potential adverse impacts on 

manufacturers of non-biobased products 

within the product categories being 

proposed today but believes that the 

impact will not be significant. The ratio 

of the total number of companies with 

USDA Certified Biobased Products that 

are categorized in this proposed product 

categories to the total number of firms 

with paid employees in each of the 

NAICS codes listed above is 0.0038. 

Thus, USDA believes that the number of 

small businesses manufacturing nonbiobased products within this proposed 

product categories and selling 

significant quantities of those products 

to government agencies that would be 

affected by this rulemaking to be 

relatively low. Also, this proposed rule 

will not affect existing purchase orders, 

and it will not preclude procuring 

agencies from continuing to purchase 

non-biobased products when biobased 

products do not meet the availability, 

performance, or reasonable price 

criteria. This proposed rule will also not 

preclude businesses from modifying 

their product lines to meet new 

specifications or solicitation 

requirements for these products 

containing biobased materials. 

After considering the economic 

impacts of this proposed rule on small 

entities, USDA certifies that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

While not a factor relevant to 

determining whether the proposed rule 

will have a significant impact for RFA 

purposes, USDA has concluded that the 

effect of the rule will be to provide 

positive opportunities for businesses 

engaged in the manufacture of these 

biobased products. Purchase and use of 

these biobased products by procuring 

agencies increases demand for these 

products and results in private sector 

development of new technologies, 

creating business and employment 

opportunities that enhance local, 

regional, and national economies. 

C. Executive Order 12630: 

Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights 

This proposed rule has been reviewed 

in accordance with Executive Order 

12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights, and does not 

contain policies that would have 

implications for these rights. 

D. Executive Order 12988: Civil Justice 

Reform 

This proposed rule has been reviewed 

in accordance with Executive Order 

12988, Civil Justice Reform. This 

proposed rule does not preempt State or 

local laws, is not intended to have 

retroactive effect, and does not involve 

administrative appeals. 

E. Executive Order 13132: Federalism 

This proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. Provisions of this proposed 

rule will not have a substantial direct 

effect on States or their political 

subdivisions or on the distribution of 

power and responsibilities among the 

various government levels. 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule contains no 

Federal mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1531–1538, for State, local, and 

tribal governments, or the private sector. 

Therefore, a statement under section 

202 of UMRA is not required. 

G. Executive Order 12372: 

Intergovernmental Review of Federal 

Programs 

For the reasons set forth in the Final 

Rule Related Notice for 7 CFR part 3015, 

subpart V (48 FR 29115, June 24, 1983), 

this program is excluded from the scope 

of Executive Order 12372, which 

requires intergovernmental consultation 

with State and local officials. This 

program does not directly affect State 

and local governments. 

H. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not 

significantly or uniquely affect ‘‘one or 

more Indian tribes . . . the relationship 

between the Federal Government and 


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Indian tribes, or . . . the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes.’’ 

Thus, no further action is required 

under Executive Order 13175. 

I. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

through 3520), the information 

collection under this proposed rule is 

currently approved under OMB control 

number 0503–0011. 

J. E-Government Act Compliance 

USDA is committed to compliance 

with the E-Government Act, which 

requires Government agencies in general 

to provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. USDA is implementing 

an electronic information system for 

posting information voluntarily 

submitted by manufacturers or vendors 

on the products they intend to offer for 

Federal preferred procurement under 

each designated product category. For 

information pertinent to E-Government 

Act compliance related to this rule, 

please contact Karen Zhang at (202) 

401–4747. 

List of Subjects in 7 CFR Part 3201 

Biobased products, Business and 

industry, Government procurement. 

For the reasons stated in the 

preamble, the Department of Agriculture 

proposes to amend 7 CFR part 3201 as 

follows: 

PART 3201—GUIDELINES FOR 

DESIGNATING BIOBASED PRODUCTS 

FOR FEDERAL PROCUREMENT 

■ 1. The authority citation for part 3201 

continues to read as follows: 

Authority: 7 U.S.C. 8102. 

■ 2. Section 3201.37 is amended by 

revising the section heading and 

paragraphs (a) and (c) to read as follows: 

§ 3201.37 De-Icers. 

(a) Definition. Chemical products 

(e.g., salts, fluids) that are designed to 

aid in the removal of snow and/or ice, 

and/or in the prevention of the buildup 

of snow and/or ice, by lowering the 

freezing point of water. 

* * * * * 

(c) Preference compliance dates. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased deicers. By that date, Federal agencies 

responsible for drafting or reviewing 

specifications for products to be 

procured shall ensure that the relevant 

specifications require the use of 

biobased de-icers. 

■ 3. Section 3201.38 is revised to read 

as follows: 

§ 3201.38 Firearm cleaners, lubricants, and 

protectants. 

(a) Definition. Products that are 

designed to care for firearms by 

cleaning, lubricating, protecting, or any 

combination thereof. Examples include 

products that are designed for use in 

firearms to reduce the friction and wear 

between the moving parts of a firearm, 

to keep the weapon clean, and/or to 

prevent the formation of deposits that 

could cause the weapon to jam. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 32 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance dates. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

firearm cleaners, lubricants, and 

protectants. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased firearm cleaners, lubricants, 

and protectants. 

■ 4. Section 3201.40 is amended by 

adding paragraphs (a)(2)(iii) and b(3) 

and revising paragraph (c) to read as 

follows: 

§ 3201.40 Laundry products. 

(a) * * * 

(2) * * * 

(iii) Dryer sheets. These are small 

sheets that are added to laundry in 

clothes dryers to eliminate static cling, 

soften fabrics, or otherwise improve the 

characteristics of the fabric. 

(b) * * * 

(3) Dryer sheets—90 percent. 

(c) Preference compliance dates. (1) 

No later than May 14, 2009, procuring 

agencies, in accordance with this part, 

will give a procurement preference for 

those qualifying biobased laundry 

products specified in paragraphs 

(a)(2)(i) through (ii) of this section. By 

that date, Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased laundry products. 

(2) No later than [date one year after 

the date of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for those qualifying biobased 

laundry products specified in paragraph 

(a)(2)(iii) of this section. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased laundry products. 

■ 5. Section 3201.99 is revised to read 

as follows: 

§ 3201.99 Water and wastewater treatment 

chemicals. 

(a) Definition. Chemicals that are 

specifically formulated to purify raw 

water or to treat and purify wastewater 

from residential, commercial, industrial, 

and agricultural systems. Examples 

include coagulants, flocculants, 

neutralizing agents, activated carbon, or 

defoamers. This category excludes 

microbial cleaning products. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 87 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased water 

and wastewater treatment chemicals. By 

that date, Federal agencies responsible 

for drafting or reviewing specifications 

for products to be procured shall ensure 

that the relevant specifications require 

the use of biobased water and 

wastewater treatment chemicals. 

■ 6. Add §§ 3201.120 through 3201.149 

to subpart B to read as follows: 

Subpart B—Designated Product 

Categories and Intermediate 

Ingredients or Feedstocks 

Sec. 

* * * * * 

3201.120 Adhesives. 

3201.121 Animal habitat care products. 

3201.122 Cleaning tools. 

3201.123 Concrete curing agents. 

3201.124 Concrete repair materials. 

3201.125 Durable cutlery. 

3201.126 Durable tableware. 

3201.127 Epoxy systems. 

3201.128 Exterior paints and coatings. 

3201.129 Facial care products. 

3201.130 Feminine care products. 

3201.131 Fire logs and fire starters. 

3201.132 Folders and filing products. 

3201.133 Foliar sprays. 


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3201.134 Gardening supplies and 

accessories. 

3201.135 Heating fuels and wick lamps. 

3201.136 Kitchenware and accessories. 

3201.137 Other lubricants. 

3201.138 Phase change materials. 

3201.139 Playground and athletic surface 

materials. 

3201.140 Powder coatings. 

3201.141 Product packaging. 

3201.142 Rugs and floor mats. 

3201.143 Shopping and trash bags. 

3201.144 Soil amendments. 

3201.145 Surface guards, molding, and 

trim. 

3201.146 Toys and sporting gear. 

3201.147 Traffic and zone marking paints. 

3201.148 Transmission fluids. 

3201.149 Wall coverings. 

§ 3201.120 Adhesives. 

(a) Definition. Adhesives are 

compounds that temporarily or 

permanently bind two item surfaces 

together. These products include glues 

and sticky tapes used in construction, 

household, flooring, and industrial 

settings. This category excludes epoxy 

systems. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 24 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

adhesives. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased adhesives. 

§ 3201.121 Animal habitat care products. 

(a) Definition. Animal habitat care 

products are products that are intended 

to improve the quality of animal 

habitats such as cleaning supplies, 

sanitizers, feeders, and products that 

control, mask, or suppress pet odors. 

This category excludes animal bedding 

or litter products and animal cleaning 

products. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 22 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

animal habitat care products. By that 

date, Federal agencies responsible for 

drafting or reviewing specifications for 

products to be procured shall ensure 

that the relevant specifications require 

the use of biobased animal habitat care 

products. 

§ 3201.122 Cleaning tools. 

(a) Definition. Cleaning tools are 

objects that are used to clean a variety 

of surfaces or items and can be used 

multiple times. This category includes 

tools such as brushes, scrapers, abrasive 

pads, and gloves that are used for 

cleaning. The expendable materials 

used in cleaning, such as glass cleaners, 

single-use wipes, and all-purpose 

cleaners, are excluded from this 

category, as these materials better fit in 

other categories. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 22 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

cleaning tools. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased cleaning tools. 

§ 3201.123 Concrete curing agents. 

(a) Definition. Concrete curing agents 

are products that are designed to 

enhance and control the curing process 

of concrete. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 59 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

concrete curing agents. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased concrete curing agents. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Construction Products: 

Cement and Concrete. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the BioPreferred 

Program’s website about the intended 

uses of the product, information on 

whether the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether a qualifying biobased product 

overlaps with the EPA’s CPG-designated 

product category of Construction 

Products: Cement and Concrete and 

which product should be afforded the 

preference in purchasing. 

Note to Paragraph (d): Concrete curing 

agents within this designated product 

category can compete with similar concrete 

curing agents with recycled content. Under 

the Resource Conservation and Recovery Act 

of 1976, section 6002, the U.S. 

Environmental Protection Agency CPGdesignated Construction Products: Cement 

and Concrete containing recovered materials 

as products for which Federal agencies must 

give preference in their purchasing programs. 

The designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.12. 

§ 3201.124 Concrete repair materials. 

(a) Definition. (1) Products that are 

designed to repair cracks and other 

damage to concrete. 

(2) Concrete repair materials for 

which preferred procurement applies 

are: 

(i) Concrete repair materials— 

concrete leveling. Concrete repair 

materials—concrete leveling are 

products that are designed to repair 

cracks and other damage to concrete by 

raising or stabilizing concrete. 

(ii) Concrete repair materials— 

concrete patching. Concrete repair 

materials—concrete patching are 

products that are designed to repair 

cracks and other damage to concrete by 

filling and patching the concrete. 

(b) Minimum biobased content. The 

minimum biobased content for all 

concrete repair materials shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

total organic carbon in the finished 

product. The applicable minimum 

biobased contents are: 


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(1) Concrete repair materials— 

concrete leveling—23 percent. 

(2) Concrete repair materials— 

concrete patching—69 percent. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

concrete repair materials. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased concrete repair materials. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Construction Products: 

Cement and Concrete. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the BioPreferred 

Program’s website about the intended 

uses of the product, information on 

whether the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether a qualifying biobased product 

overlaps with the EPA’s CPG-designated 

product category of Construction 

Products: Cement and Concrete and 

which product should be afforded the 

preference in purchasing. 

Note to Paragraph (d): Concrete repair 

materials within this designated product 

category can compete with similar concrete 

repair materials with recycled content. Under 

the Resource Conservation and Recovery Act 

of 1976, section 6002, the U.S. 

Environmental Protection Agency CPGdesignated Construction Products: Cement 

and Concrete containing recovered materials 

as products for which Federal agencies must 

give preference in their purchasing programs. 

The designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.12. 

§ 3201.125 Durable cutlery. 

(a) Definition. Durable cutlery consists 

of dining utensils that are designed to be 

used multiple times. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 28 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

durable cutlery. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased durable cutlery. 

§ 3201.126 Durable tableware. 

(a) Definition. Durable tableware 

consists of multiple-use drinkware and 

dishware including cups, plates, bowls, 

and serving platters. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 28 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

durable tableware. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased durable tableware. 

§ 3201.127 Epoxy systems. 

(a) Definition. Epoxy systems are twocomponent systems that are epoxybased and are used as coatings, 

adhesives, surface fillers, and composite 

matrices. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 23 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

epoxy systems. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased epoxy systems. 

§ 3201.128 Exterior paints and coatings. 

(a) Definition. Exterior paints and 

coatings are pigmented liquid products 

that typically contain pigments to add 

color and are formulated for use on 

outdoor surfaces. When these products 

dry, they typically form a protective 

layer and provide a coat of color to the 

applied surface. This category includes 

paint and primers but excludes wood 

and concrete sealers and stains and 

specialty coatings such as roof coatings, 

wastewater system coatings, and water 

tank coatings. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 83 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

exterior paints and coatings. By that 

date, Federal agencies responsible for 

drafting or reviewing specifications for 

products to be procured shall ensure 

that the relevant specifications require 

the use of biobased exterior paints and 

coatings. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Construction Products: 

Consolidated and Reprocessed Latex 

Paint for Specified Uses. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the BioPreferred 

Program’s website about the intended 

uses of the product, information on 

whether the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether a qualifying biobased product 

overlaps with the EPA’s CPG-designated 

product category of Construction 

Products: Consolidated and Reprocessed 

Latex Paint for Specified Uses and 

which product should be afforded the 

preference in purchasing. 

Note to Paragraph (d): Exterior paints and 

coatings within this designated product 

category can compete with similar exterior 

paints and coatings with recycled content. 

Under the Resource Conservation and 

Recovery Act of 1976, section 6002, the U.S. 

Environmental Protection Agency CPGdesignated Construction Products: 

Consolidated and Reprocessed Latex Paint 

for Specified Uses containing recovered 

materials as products for which Federal 

agencies must give preference in their 


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purchasing programs. The designation can be 

found in the Comprehensive Procurement 

Guideline, 40 CFR 247.12. 

§ 3201.129 Facial care products. 

(a) Definition. Facial care products are 

cleansers, moisturizers, and treatments 

specifically designed for the face. These 

products are used to care for the 

condition of the face by supporting skin 

integrity, enhancing its appearance, and 

relieving skin conditions. This category 

does not include tools and applicators, 

such as those used to apply facial care 

products. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 88 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased facial 

care products. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased facial care products. 

§ 3201.130 Feminine care products. 

(a) Definition. Feminine care products 

are products that are designed for 

maintaining feminine health and 

hygiene. This category includes sanitary 

napkins, panty liners, and tampons. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 65 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

feminine care products. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased feminine care products. 

§ 3201.131 Fire logs and fire starters. 

(a) Definition. Fire logs and fire 

starters are devices or substances that 

are used to start a fire intended for uses 

such as comfort heat, decoration, or 

cooking. Examples include fire logs and 

lighter fluid. This category excludes 

heating fuels for chafing dishes, 

beverage urns, warming boxes, and wick 

lamps. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 92 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased fire 

logs and fire starters. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased fire logs and fire starters. 

§ 3201.132 Folders and filing products. 

(a) Definition. Folders and filing 

products are products that are designed 

to hold together items such as loose 

sheets of paper, documents, and 

photographs with clasps, fasteners, 

rings, or folders. This category includes 

binders, folders, and document covers. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 66 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

folders and filing products. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased folders and filing products. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

categories of Non-Paper Office Products: 

Binders, Clipboards, File Folders, Clip 

Portfolios, and Presentation Folders and 

Non-Paper Office Products: Plastic 

Envelopes. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product 

categories of Non-Paper Office Products: 

Binders, Clipboards, File Folders, Clip 

Portfolios, and Presentation Folders and 

Non-Paper Office Products: Plastic 

Envelopes and which product should be 

afforded the preference in purchasing. 

Note to Paragraph (d): Biobased folders 

and filing products within this designated 

product category can compete with similar 

folders and filing products with recycled 

content. Under the Resource Conservation 

and Recovery Act of 1976, section 6002, the 

U.S. Environmental Protection Agency CPGdesignated Non-Paper Office Products: 

Binders, Clipboards, File Folders, Clip 

Portfolios, and Presentation Folders and NonPaper Office Products: Plastic Envelopes 

containing recovered materials as products 

for which Federal agencies must give 

preference in their purchasing programs. The 

designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.16. 

§ 3201.133 Foliar sprays. 

(a) Definition. Foliar sprays are 

products that are applied to the leaves 

of plants and provide plants with 

nutrients. These products may also 

repair plants from previous pest attacks. 

Examples include liquid fertilizers, 

foliar feeds, and micronutrient 

solutions. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 50 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased foliar 

sprays. By that date, Federal agencies 

responsible for drafting or reviewing 

specifications for products to be 

procured shall ensure that the relevant 

specifications require the use of 

biobased foliar sprays. 

§ 3201.134 Gardening supplies and 

accessories. 

(a) Definition. Gardening supplies and 

accessories are products that are used to 

grow plants in outdoor and indoor 

settings. Examples include seedling 

starter trays, nonwoven mats or 

substrates for hydroponics, and flower 


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or plant pots. This category excludes 

compost activators and accelerators; 

erosion control materials; fertilizers, 

including soil inoculants; foliar sprays; 

mulch and compost materials; and soil 

amendments. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 43 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

gardening supplies and accessories. By 

that date, Federal agencies responsible 

for drafting or reviewing specifications 

for products to be procured shall ensure 

that the relevant specifications require 

the use of biobased gardening supplies 

and accessories. 

§ 3201.135 Heating fuels and wick lamps. 

(a) Definition. Heating fuels and wick 

lamps are products that create 

controlled sources of heat or sustain 

controlled open flames that are used for 

warming food, portable stoves, beverage 

urns, or fondue pots. This category also 

includes wick lamps and their fuels that 

create controlled sources of light 

indoors and in camping or emergency 

preparedness situations. This category 

excludes fire logs and fire starters and 

candles and wax melts. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 75 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

heating fuels and wick lamps. By that 

date, Federal agencies responsible for 

drafting or reviewing specifications for 

products to be procured shall ensure 

that the relevant specifications require 

the use of biobased heating fuels and 

wick lamps. 

§ 3201.136 Kitchenware and accessories. 

(a) Definition. Kitchenware and 

accessories are products designed for 

food or drink preparation. These 

products include cookware and 

bakeware, such as baking cups, cookie 

sheets, parchment paper, and roasting 

bags or pans; cooking utensils, such as 

brushes, tongs, spatulas, and ladles; and 

food preparation items, such as cutting 

boards, measuring cups, mixing bowls, 

coffee filters, food preparation gloves, 

and sandwich and snack bags. These 

products exclude kitchen appliances, 

such as toasters, blenders, and coffee 

makers; disposable tableware; 

disposable cutlery; disposable 

containers; durable tableware; durable 

cutlery; and cleaning tools. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 22 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

kitchenware and accessories. By that 

date, Federal agencies responsible for 

drafting or reviewing specifications for 

products to be procured shall ensure 

that the relevant specifications require 

the use of biobased kitchenware and 

accessories. 

§ 3201.137 Other lubricants. 

(a) Definition. Other lubricants are 

lubricant products that do not fit into 

any of the BioPreferred Program’s 

specific lubricant categories. This 

category includes lubricants that are 

formulated for specialized uses. 

Examples of other lubricants include 

lubricants used for sporting or exercise 

gear and equipment, musical 

instruments, and specialized equipment 

such as tree shakers. This category 

excludes lubricants that are covered by 

the specific lubricant categories such as 

chain and cable lubricants, firearm 

lubricants, forming lubricants, gear 

lubricants, multi-purpose lubricants, 

penetrating lubricants, pneumatic 

equipment lubricants, and slide way 

lubricants. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 39 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased other 

lubricants. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased other lubricants. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Vehicular Products: ReRefined Lubricating Oil. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the BioPreferred 

Program’s website about the intended 

uses of the product, information on 

whether the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether a qualifying biobased product 

overlaps with the EPA’s CPG-designated 

product category of Vehicular Products: 

Re-Refined Lubricating Oil and which 

product should be afforded the 

preference in purchasing. 

Note to Paragraph (d): Other lubricants 

within this designated product category can 

compete with similar other lubricants with 

recycled content. According to the Resource 

Conservation and Recovery Act of 1976, 

section 6002, Federal agencies must give 

preference in their purchasing programs for 

the U.S. Environmental Protection Agency’s 

CPG-designated Vehicular Products: ReRefined Lubricating Oil containing recovered 

materials as products. The designation can be 

found in the Comprehensive Procurement 

Guideline, 40 CFR 247.11. 

§ 3201.138 Phase change materials. 

(a) Definition. Phase change materials 

are products that are capable of 

absorbing and releasing large amounts 

of thermal energy by freezing and 

thawing at certain temperatures. Heat is 

absorbed or released when the material 

changes from solid to liquid and vice 

versa. Applications may include, but are 

not limited to, conditioning of 

buildings, medical applications, thermal 

energy storage, or cooling of food. 

Materials such as animal fats and plant 

oils that melt at desirable temperatures 

are typically used to make products in 

this category. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 71 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 


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(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased phase 

change materials. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased phase change materials. 

§ 3201.139 Playground and athletic 

surface materials. 

(a) Definition. Playground and athletic 

surface materials are products that are 

designed for use on playgrounds and 

athletic surfaces. Examples include 

materials that are applied to the surfaces 

of playgrounds, athletic fields, and other 

sports surfaces to enhance or change the 

color or general appearance of the 

surface and to provide safety and/or 

performance benefits. Such materials 

include, but are not limited to, top 

coatings, primers, line marking paints, 

and rubberized pellets that are used on 

athletic courts, tracks, natural or 

artificial turf, and other playing 

surfaces. This category does not include 

the artificial turf or surface itself, as that 

is included in the carpets product 

category. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 22 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

playground and athletic surface 

materials. By that date, Federal agencies 

responsible for drafting or reviewing 

specifications for products to be 

procured shall ensure that the relevant 

specifications require the use of 

biobased playground and athletic 

surface materials. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

categories of Parks and Recreation 

Products: Playground Surfaces and 

Running Tracks. USDA is requesting 

that manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product 

categories of Parks and Recreation 

Products: Playground Surfaces and 

Running Tracks and which product 

should be afforded the preference in 

purchasing. 

Note to Paragraph (d): Playground and 

athletic surface materials within this 

designated product category can compete 

with similar playground and athletic surface 

materials with recycled content. According to 

the Resource Conservation and Recovery Act 

of 1976, section 6002, Federal agencies must 

give preference in their purchasing programs 

for the U.S. Environmental Protection 

Agency’s CPG-designated product categories 

of Parks and Recreation Products: Playground 

Surfaces and Running Tracks containing 

recovered materials as products. The 

designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.10. 

§ 3201.140 Powder coatings. 

(a) Definition. Powder coatings are 

polymer resin systems that are 

combined with stabilizers, curatives, 

pigments, and other additives and 

ground into a powder. These coatings 

are applied electrostatically to metallic 

surfaces and then cured under heat. 

Powder coatings are typically used for 

coating metals, such as vehicle and 

bicycle parts, household appliances, 

and aluminum extrusions. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 34 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

powder coatings. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased powder coatings. 

§ 3201.141 Product packaging. 

(a) Definition. Product packaging 

items are used to protect, handle, and 

retain a product during activities related 

but not limited to its storage, 

distribution, sale, and use. These 

containers are typically designed to be 

used once. This category excludes 

packing and insulating materials and 

shopping and trash bags. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 25 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

product packaging. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased product packaging. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Paper Products: Paperboard 

and Packaging. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product category 

of Paper Products: Paperboard and 

Packaging and which product should be 

afforded the preference in purchasing. 

Note to Paragraph (d): Product packaging 

within this designated product category can 

compete with similar product packaging with 

recycled content. Under the Resource 

Conservation and Recovery Act of 1976, 

section 6002, the U.S. Environmental 

Protection Agency CPG-designated Paper 

Products: Paperboard and Packaging 

containing recovered materials as products 

for which Federal agencies must give 

preference in their purchasing programs. The 

designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.10. 

§ 3201.142 Rugs and floor mats. 

(a) Definition. Rugs or floor mats are 

floor coverings that are used for 

decorative or ergonomic purposes and 

that are not attached to the floor. This 

category includes items such as area 


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rugs, rug runners, chair mats, and 

bathroom and kitchen mats. This 

category excludes wall-to-wall carpet. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 23 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased rugs 

and floor mats. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased rugs and floor mats. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Miscellaneous Products: 

Mats. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product category 

of Miscellaneous Products: Mats and 

which product should be afforded the 

preference in purchasing. 

Note to Paragraph (d): Rugs and floor mats 

within this designated product category can 

compete with similar rugs or floor mats with 

recycled content. Under the Resource 

Conservation and Recovery Act of 1976, 

section 6002, the U.S. Environmental 

Protection Agency CPG-designated 

Miscellaneous Products: Mats containing 

recovered materials as products for which 

Federal agencies must give preference in 

their purchasing programs. The designation 

can be found in the Comprehensive 

Procurement Guideline, 40 CFR 247.17. 

§ 3201.143 Shopping and trash bags. 

(a) Definition. Shopping and trash 

bags are open-ended bags that are 

typically made of thin, flexible film and 

are used for containing and transporting 

items such as consumer goods and 

waste. Examples include trash bags, can 

liners, shopping or grocery bags, pet 

waste bags, compost bags, and yard 

waste bags. This category does not 

include product packaging, disposable 

containers, or semi-durable and nondurable films. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 22 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

shopping and trash bags. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased shopping and trash bags. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Non-Paper Office Products: 

Plastic Trash Bags. USDA is requesting 

that manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product category 

of Non-Paper Office Products: Trash 

Bags and which product should be 

afforded the preference in purchasing. 

Note to Paragraph (d): Shopping and trash 

bags within this designated product category 

can compete with similar shopping and trash 

bags with recycled content. Under the 

Resource Conservation and Recovery Act of 

1976, section 6002, the U.S. Environmental 

Protection Agency CPG-designated NonPaper Office Products: Trash Bags containing 

recovered materials as products for which 

Federal agencies must give preference in 

their purchasing programs. The designation 

can be found in the Comprehensive 

Procurement Guideline, 40 CFR 247.17. 

§ 3201.144 Soil amendments. 

(a) Definition. Soil amendments are 

materials that enhance the physical 

characteristics of soil through improving 

water retention or drainage, improving 

nutrient cycling, promoting microbial 

growth, or changing the soil’s pH. This 

category excludes foliar sprays and 

chemical fertilizers. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 72 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased soil 

amendments. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased soil amendments. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

categories of Landscaping Products: 

Compost Made From Recovered Organic 

Materials and Landscaping Products: 

Fertilizer Made From Recovered 

Organic Materials. USDA is requesting 

that manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Program’s website 

about the intended uses of the product, 

information on whether the product 

contains any recovered material, in 

addition to biobased ingredients, and 

performance standards against which 

the product has been tested. This 

information will assist Federal agencies 

in determining whether a qualifying 

biobased product overlaps with the 

EPA’s CPG-designated product 

categories Landscaping Products: 

Compost Made From Recovered Organic 

Materials and Landscaping Products: 

Fertilizer Made From Recovered 

Organic Materials and which product 

should be afforded the preference in 

purchasing. 

Note to Paragraph (d): Soil amendments 

within this designated product category can 

compete with similar soil amendments with 

recycled content. Under the Resource 

Conservation and Recovery Act of 1976, 

section 6002, the U.S. Environmental 

Protection Agency CPG-designated 

Landscaping Products: Compost Made From 

Recovered Organic Materials and 

Landscaping Products: Fertilizer Made From 

Recovered Organic Materials containing 

recovered materials as products for which 

Federal agencies must give preference in 

their purchasing programs. The designation 

can be found in the Comprehensive 

Procurement Guideline, 40 CFR 247.15. 


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§ 3201.145 Surface guards, molding, and 

trim. 

(a) Definition. Surface guards, 

molding, and trim products are typically 

used during construction or 

manufacturing. These products are 

designed to protect surfaces, such as 

walls and floors, from damage or to 

cover the exposed edges of furniture or 

floors. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 26 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

surface guards, molding, and trim. By 

that date, Federal agencies responsible 

for drafting or reviewing specifications 

for products to be procured shall ensure 

that the relevant specifications require 

the use of biobased surface guards, 

molding, and trim. 

§ 3201.146 Toys and sporting gear. 

(a) Definition. Toys and sporting gear 

are products that are designed for 

indoor or outdoor recreational use 

including, but not limited to, toys; 

games; and sporting equipment and 

accessories such as balls, bats, racquets, 

nets, and bicycle seats. This category 

does not include products such as 

cleaners, lubricants, and oils that are 

used to maintain or clean toys and 

sporting gear. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 32 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased toys 

and sporting gear. By that date, Federal 

agencies responsible for drafting or 

reviewing specifications for products to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased toys and sporting gear. 

§ 3201.147 Traffic and zone marking 

paints. 

(a) Definition. Traffic and zone 

marking paints are products that are 

formulated and marketed for marking 

and striping streets, highways, or other 

traffic surfaces including, but not 

limited to, curbs, driveways, parking 

lots, sidewalks, and airport runways. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 30 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased traffic 

and zone marking paints. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased traffic and zone marking 

paints. 

§ 3201.148 Transmission fluids. 

(a) Definition. Transmission fluids are 

liquids that lubricate and cool the 

moving parts in a transmission to 

prevent wearing and to ensure smooth 

performance. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 60 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

transmission fluids. By that date, 

Federal agencies responsible for drafting 

or reviewing specifications for products 

to be procured shall ensure that the 

relevant specifications require the use of 

biobased transmission fluids. 

(d) Determining overlap with a 

designated product category in the 

EPA’s CPG program. Qualifying 

products within this product category 

may overlap with the EPA’s CPGdesignated recovered content product 

category of Vehicular Products: Rerefined Lubricating Oil. USDA is 

requesting that manufacturers of these 

qualifying biobased products provide 

information on the BioPreferred 

Program’s website about the intended 

uses of the product, information on 

whether the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether a qualifying biobased product 

overlaps with the EPA’s CPG-designated 

Vehicular Products: Re-Refined 

Lubricating Oil and which product 

should be afforded the preference in 

purchasing. 

Note to Paragraph (d): Transmission fluids 

within this designated product category can 

compete with similar transmission fluids 

with recycled content. Under the Resource 

Conservation and Recovery Act of 1976, 

section 6002, the U.S. Environmental 

Protection Agency CPG-designated product 

categories Vehicular Products: Re-Refined 

Lubricating Oil containing recovered 

materials as products for which Federal 

agencies must give preference in their 

purchasing programs. The designation can be 

found in the Comprehensive Procurement 

Guideline, 40 CFR 247.11. 

§ 3201.149 Wall coverings. 

(a) Definition. Wall coverings are 

materials that are applied to walls using 

an adhesive. This category includes, but 

is not limited to, wallpaper, vinyl wall 

coverings, and wall fabrics. This 

category excludes all types of paints or 

coatings. 

(b) Minimum biobased content. The 

Federal preferred procurement product 

must have a minimum biobased content 

of at least 62 percent, which shall be 

based on the amount of qualifying 

biobased carbon in the product as a 

percent of the total organic carbon in the 

finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased wall 

coverings. By that date, Federal agencies 

responsible for drafting or reviewing 

specifications for products to be 

procured shall ensure that the relevant 

specifications require the use of 

biobased wall coverings. 

Dated: August 31, 2018. 

Donald K. Bice, 

Deputy Assistant Secretary for 

Administration, U.S. Department of 

Agriculture. 

[FR Doc. 2018–19681 Filed 9–13–18; 8:45 am] 

BILLING CODE 3410–93–P 


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