This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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Rules and Regulations Federal Register

24527 

Vol. 79, No. 84 

Thursday, May 1, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. AMS–NOP–10–0045; NOP–10–03] 

National Organic Program: Notification 

of Final Guidance on Products in the 

‘‘Made With Organic * * *’’ Labeling 

Category 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notification of availability of 

final guidance. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is announcing the 

availability of a final guidance 

document intended for use by 

accredited certifying agents and 

certified organic operations. The final 

guidance document is entitled: Products 

in the ‘‘Made with Organic ***’’ 

Labeling Category (NOP 5032). This 

guidance is intended to inform the 

public of the National Organic 

Program’s (NOP) current thinking on 

this topic. 

DATES: The final guidance document 

announced by this notification of 

availability is effective on May 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Bailey, Ph.D., Director, 

Standards Division, National Organic 

Program, USDA–AMS–NOP, 1400 

Independence Ave. SW., Room 2646- 

So., Ag Stop 0268, Washington, DC 

20250, Email: Melissa.bailey@

ams.usda.gov; Telephone: (202) 720– 

3252; Fax: (202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 13, 2011, the National 

Organic Program (NOP) published in the 

Federal Register a notice of availability 

with request for public comment on a 

draft guidance document entitled: Made 

with Organic (Specified Ingredients or 

Food Group(s)) Products—Product 

Composition and Use of Percentage 

Statements (NOP 5032) (76 FR 2328). 

The draft guidance addressed the 

labeling, composition and use of 

percentage statements in ‘‘made with 

organic (specified ingredients or food 

group(s))’’ products. The topics covered 

in the draft guidance document 

addressed recommendations issued by 

the National Organic Standards Board 

(NOSB) and questions posed by 

accredited certifying agents and 

certified operations about the 

composition and labeling portions of the 

USDA organic regulations (7 CFR 

205.301 and 205.304). The draft 

guidance document can be viewed online at http://www.ams.usda.gov/

NopDraftGuidance. The 60-day 

comment period closed on March 14, 

2011. 

The NOP received a total of 26 

individual comments on the draft 

guidance document. Based on the 

comments received, the NOP revised 

and is publishing a final guidance on 

this topic now entitled: Products in the 

‘‘Made with Organic * * *’’ Labeling 

Category (NOP 5032). This guidance 

clarifies the following aspects of 

products in this labeling category, 

referred to as ‘‘made with organic 

* * *:’’ 

1. Composition; 

2. Compliant organic labeling claims; 

3. Organic and nonorganic forms of 

the same ingredient; 

4. Percentage of organic ingredients 

statements; and 

5. Ingredients or food groups in the 

‘‘made with organic * * *’’ claim. 

The guidance document includes an 

appendix (NOP 5032–1) where the NOP 

provides a complete discussion of the 

comments received and the rationale 

behind any changes made to the 

guidance document. 

The final guidance document is now 

available from the NOP through ‘‘The 

Program Handbook: Guidance and 

Instructions for Accredited Certifying 

Agents and Certified Operations.’’ The 

Program Handbook provides those who 

own, manage, or certify organic 

operations with guidance and 

instructions that can assist them in 

complying with the USDA organic 

regulations. The current edition of the 

Program Handbook is available online at 

http://www.ams.usda.gov/

NopProgramHandbook. 

II. Significance of Guidance 

This final guidance document is being 

issued in accordance with the Office of 

Management and Budget (OMB) 

Bulletin on Agency Good Guidance 

Practices (GGPs) (January 25, 2007, 72 

FR 3432–3440). The purpose of GGPs is 

to ensure that program guidance 

documents are developed with adequate 

public participation, are readily 

available to the public, and are not 

applied as binding requirements. This 

final guidance document represents the 

NOP’s current position on this topic. It 

does not create or confer any rights for, 

or on, any person and does not operate 

to bind the NOP or the public. Guidance 

documents are intended to offer uniform 

methods for operations that comply 

with the Organic Foods Production Act 

(OFPA), as amended (7 U.S.C. 6501– 

6522) and USDA organic regulations, 

thereby reducing the burden on 

operators of developing their own 

methods and to simplify audits and 

inspections. Alternative approaches that 

can demonstrate compliance with the 

OFPA and its implementing regulations 

are also acceptable. As with any 

alternative compliance approach, the 

NOP strongly encourages industry to 

discuss alternative approaches with the 

NOP before implementing them to avoid 

unnecessary or wasteful expenditures of 

resources and to ensure the proposed 

alternative approach complies with the 

Act and its implementing regulations. 

III. Electronic Access 

Persons with access to the Internet 

may obtain a copy of the final guidance 

document from the NOP’s Web site at 

http://www.ams.usda.gov/nop. Request 

for hard copies of the final guidance 

document can be obtained by 

submitting a written request to the 

person listed in the FOR FURTHER

INFORMATION CONTACT section of this 

notification of availability. 

Authority: 7 U.S.C. 6501–6522. 

Dated: April 28, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–09963 Filed 4–30–14; 8:45 am] 

BILLING CODE 3410–02–P 


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