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.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

97459 

Vol. 89, No. 236 

Monday, December 9, 2024 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 3201 and 3202 

Rural Business-Cooperative Service 

7 CFR Part 4270 

[Docket No. RBS–22–BUSINESS–0004] 

RIN 0570–AB05 

Biobased Markets Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural BusinessCooperative Service (RBCS or the 

Agency), an agency of the Rural 

Development (RD) mission area within 

the U.S. Department of Agriculture 

(USDA), is issuing a final rule to adopt 

changes from the Agriculture 

Improvement Act of 2018 (2018 Farm 

Bill) that apply to the Biobased Markets 

(BioPreferred) Program. These changes 

include the merger of the Guidelines for 

Designating Biobased Products for 

Federal Procurement and the Voluntary 

Labeling Program for Biobased Products 

into one streamlined regulation, 

Biobased Markets (BioPreferred) 

Program. 

DATES: This final rule is effective 

January 8, 2025. 

ADDRESSES: Information regarding the 

BioPreferred® Program is available at 

biopreferred.gov. 

FOR FURTHER INFORMATION CONTACT: 

Vernell Thompson, Procurement 

Analyst, USDA RD, 1400 Independence 

Avenue SW, Washington, DC 20250– 

1522, STOP 3250; email: 

vernell.thompson@usda.gov; phone 

(202) 720–4145. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Authority 

II. Background 

III. Discussion of Public Comments 

A. Definitions 

B. Criteria for Eligibility 

C. Procurement Programs 

D. Category Designation 

E. Determining Biobased Content 

F. Initial Approval Process/Oversight and 

Monitoring 

G. Miscellaneous/General 

IV. Summary of Changes 

V. Executive Orders/Acts 

A. Executive Order 12866—Classification 

B. Executive Order 12372— 

Intergovernmental Consultation 

C. Paperwork Reduction Act 

D. National Environmental Policy Act 

E. Regulatory Flexibility Act 

F. Administrative Pay-As-You-Go-Act of 

2023 

G. Executive Order 12988—Civil Justice 

Reform 

H. Unfunded Mandates Reform Act 

(UMRA) 

I. Executive Order 13132—Federalism 

J. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

K. E-Government Act Compliance 

L. Civil Rights Impact Analysis 

M. USDA Non-Discrimination Statement 

N. Severability 

I. Authority 

The USDA Biobased Markets 

Program, called the BioPreferred®

Program, is established under the 

authority of Section 9002 of the Farm 

Security and Rural Investment Act 

(FSRIA) of 2002 (Pub. L. 107–171) (the 

2002 Farm Bill), as amended by the 

Food, Conservation, and Energy Act of 

2008 (Pub. L. 10–246) (the 2008 Farm 

Bill), the Agricultural Act of 2014 (Pub. 

L. 113–79) (the 2014 Farm Bill), and the 

Agriculture Improvement Act of 2018 

(Pub. L. 115–334) (the 2018 Farm Bill). 

Section 9002 of the 2002 Farm Bill, as 

amended by the 2008, 2014, and 2018 

Farm Bills, is referred to in this rule as 

section 9002 of FSRIA. 

II. Background 

On January 24, 2024, the Agency 

published a proposed rule, 89 FR 4770, 

with request for comments for the 

purpose of implementing the 

amendments made to section 9002 of 

FSRIA by the 2018 Farm Bill by 

combining the Guidelines for 

Designating Biobased Products for 

Federal Procurement (7 CFR part 3201) 

and the Voluntary Labeling Program for 

Biobased Products (7 CFR part 3202), 

the legacy rules of the BioPreferred 

Program, into one regulation, 7 CFR part 

4270, and making amendments to 

streamline and improve the 

BioPreferred Program’s rules. 

The legacy rules established the two 

core initiatives of the BioPreferred 

Program. Part 3201 of title 7 of the Code 

of Federal Regulations detailed the rules 

for the procurement of Biobased 

Products by Federal Agencies and their 

contractors, established the process for 

designating categories of Biobased 

Products for preferred Federal 

procurement, maintained the list of 

Designated Product Categories, and 

outlined the requirements for Biobased 

Products to qualify for preferred Federal 

procurement. Part 3202 of title 7 of the 

Code of Federal Regulations established 

the rules for manufacturers and vendors 

of Biobased Products to become 

certified to use the USDA Certified 

Biobased Product Label (Label) and 

provided rules for maintaining 

certification and utilizing the Label. 

With this rulemaking, the Agency is 

merging the legacy rules into one 

streamlined regulation that will 

facilitate the objective of the 

BioPreferred Program, which is to 

encourage the increased use of Biobased 

Products in all market sectors. 

Additionally, the Agency believes these 

changes will benefit BioPreferred 

Program Stakeholders by implementing 

process improvements and tying the two 

initiatives more closely together, making 

it easier to qualify for both initiatives. 

III. Discussion of Public Comments 

Sixteen respondents submitted 

comments on the proposed rule. The 

Agency reviewed the public comments 

in the development of the final rule. A 

discussion of the comments is provided 

as follows. 

A. Definitions 

a. Three respondents expressed 

support for the inclusion of Renewable 

Chemicals in the definition of the term 

Biobased Product. 

Agency Response: The Agency thanks 

the respondents for their support of the 

change to the definition of Biobased 

Product. 

b. One respondent recommended 

establishing the BioPreferred Program’s 

definition of biobased as the uniform 

definition throughout the federal 

government. 

Agency Response: The Agency agrees 

that it is important to have a uniform 

definition of biobased throughout the 

federal government. The requirements 


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established by the BioPreferred Program 

apply to all federal agencies, and 

therefore, the definitions established by 

the BioPreferred Program apply to all 

federal agencies as well. The Agency 

will continue efforts to educate federal 

agencies and their contractors about 

Biobased Products and the requirements 

associated with the BioPreferred 

Program. 

B. Criteria for Eligibility 

a. Three respondents expressed 

support for establishing a single 

participation process under which all 

products must undergo Biobased 

Content Testing using ASTM D6866. 

Agency Response: The Agency thanks 

the respondents for their support in 

establishing a single participation 

process. For reader clarification, ASTM 

D6866 is the American Society for 

Testing and Materials (ASTM) 

International standard test methods for 

determining the Biobased Content of 

solid, liquid, and gaseous samples using 

radiocarbon analysis. 

b. Two respondents expressed 

concern regarding the added 

requirements for all products to undergo 

Biobased Content Testing. The 

respondents noted that, through 

collaboration with USDA Forest Service 

Forest Products Lab (FPL), the Agency 

has established guidelines for testing 

wood products, under which specific 

types of wood and engineered wood 

products are exempt from testing. The 

respondents recommended that the 

Agency continue to uphold these 

guidelines under this final rule. The 

respondents asserted that changing the 

testing requirements for products that 

fall under the exemption guidelines 

established with FPL would add 

unnecessary cost to manufacturers (and 

therefore purchasers) and hinder the 

efficiency of the BioPreferred Program. 

Agency Response: The Agency agrees 

that the guidelines for testing wood 

products that have been established in 

collaboration with FPL should be 

maintained. The Agency is not 

intending to change these guidelines 

with the implementation of this final 

rule. Products that are eligible to be 

exempt from testing under the 

guidelines established in collaboration 

with FPL will be exempt from testing as 

described by § 4270.7(d)(1) in this final 

rule. 

c. Two respondents expressed support 

for maintaining the raw material 

sourcing innovative criterion that allows 

participants to demonstrate that their 

Biobased Product is innovative if the 

raw material is sourced from 

responsible sources according to 

standards such as ASTM Standard 

D7612—Standard Practice for 

Categorizing Wood and Wood-Based 

Products According to Their Fiber 

Sources. 

Agency Response: The Agency thanks 

the respondents for their support. 

d. One respondent expressed support 

for the addition of the raw material 

sourcing innovative criterion that allows 

participants to demonstrate that their 

Biobased Product is innovative if the 

raw material is grown, harvested, 

manufactured, processed, sourced, or 

applied in other sustainable and 

ethically sourced ways as determined by 

the Agency. 

Agency Response: The Agency thanks 

the respondent for their support. 

e. One respondent recommended that 

Biobased Products should never be 

grown, sold, or used as an energy source 

and strongly recommended against 

establishing any rules, requirements, or 

funding opportunities related to 

biofuels. 

Agency Response: The Agency notes 

that biofuels, including motor vehicle 

fuels, heating oil, and electricity, are 

specifically excluded from the 

BioPreferred Program as mandated by 

section 9002 of FSRIA, and as such, this 

is outside the scope of the request for 

comment on the proposed rule. 

C. Procurement Programs 

a. One respondent would like to see 

increased enforcement of the 

requirements for federal agencies and 

their contractors to purchase Qualified 

Biobased Products. The respondent 

noted that the U.S. Government is the 

single largest purchaser of consumer 

goods in the world, yet this is not 

reflected in the reported levels of 

Biobased Products purchases. 

Agency Response: The Agency 

appreciates this comment and agrees 

that increased education and 

enforcement of the requirements to 

purchase Qualified Biobased Products is 

needed. The Agency is actively trying to 

increase awareness of these 

requirements through outreach efforts 

such as hosting trainings for federal 

agencies as requested, reminding federal 

agencies and their contractors about 

reporting requirements near the end of 

each fiscal year, and reviewing 

solicitations for compliance. These 

efforts have led to an increase of 1,000% 

in reporting of Biobased Product 

purchases in recent years. While this 

increase is encouraging, the Agency 

acknowledges that more is needed and 

hopes to see this trend continue with 

the implementation of Executive Order 

(E.O.) 14081, which requires federal 

agencies to report their Biobased 

Product purchasing to the Office of 

Management and Budget. 

b. One respondent expressed concerns 

with section 6 of E.O. 14081, Executive 

Order on Advancing Biotechnology and 

Biomanufacturing Innovation for a 

Sustainable, Safe, and Secure American 

Bioeconomy. The respondent asserted 

that E.O. 14081 has a very narrow 

window of improving the procurement 

by federal agencies for Renewable 

Chemicals and Biobased Products by 

2024, and by the time staff are trained 

on the E.O., it may be rescinded by the 

next administration. The respondent 

requested that the concepts described in 

section 6 of E.O. 14081 be incorporated 

in the reauthorization of the next Farm 

Bill. The respondent asserted that the 

guidelines on procuring Biobased 

Products provided in section 6 of E.O. 

14081 need to be codified in legislation 

as agencies have not been given 

direction in the implementation of the 

BioPreferred Program since its inception 

in the 2002 Farm Bill. 

Agency Response: While the contents 

of E.O. 14081 and legislative changes to 

the Farm Bill are outside the scope of 

the request for comment on the 

proposed rule, the Agency agrees that 

efforts are needed to ensure federal 

agencies and their contractors are aware 

of and understand the requirements for 

purchasing Qualified Biobased 

Products. 

D. Category Designation 

a. Two respondents expressed support 

for the revised category designation 

process included in the proposed rule. 

The respondents noted that the revised 

process will encourage transparency 

and timeliness in the procurement of 

Biobased Products by federal agencies. 

One of the respondents further noted 

that the rapid advancement of 

sophisticated fermentation techniques is 

leading to the development of Biobased 

Products and Renewable Chemicals at 

an increasing rate and a timely response 

to these advancements will be necessary 

for the BioPreferred Program to keep 

pace with industry advancements. Thus, 

the respondent supported the changes to 

the category designation process. 

Agency Response: The Agency thanks 

the respondents for their support for the 

revised category designation process. 

b. Two respondents recommended 

maintaining the category designation 

process established in the legacy rules. 

The respondents noted that the process 

established in the legacy rules is 

transparent and provides clear 

guardrails regarding procedural steps for 

designating product categories. 

Specifically, the respondents were 

concerned that without going through 


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the regulatory process, the revised 

process may not allow for the collection 

and evaluation of Stakeholder feedback 

on category additions and updates. 

Further, the respondents were 

concerned that the revised process 

would lead to a loss of clear 

requirements to provide Stakeholders 

with adequate notice and opportunity to 

comment, and in turn, the requirement 

for the Agency to consider and respond 

to all comments would be lost. The 

respondents strongly encouraged the 

Agency to establish similar, robust 

procedures for notice, comment, and 

Stakeholder feedback should the 

Agency move forward with the revised 

process. 

Agency Response: The Agency 

strongly agrees with maintaining the 

transparency and robustness of the 

category designation process, and the 

Agency intends to ensure that the 

revised designation process provides 

Stakeholders with opportunities to 

review and provide input equal to those 

provided by the process established by 

the legacy rules. Under the revised 

category designation process, the 

Agency intends to notify Stakeholders 

of potential updates and additions to 

designated product categories. While 

these updates will no longer be made 

through the formal rulemaking process, 

the Agency acknowledges that many 

Stakeholders have become accustomed 

to learning about designated category 

changes through Federal Register 

notices. As such, the Agency intends to 

notify Stakeholders of changes to 

designated product categories through 

Federal Register notices that will direct 

them to view and submit comments on 

the changes through the BioPreferred 

Program’s website. Similarly, the 

Agency intends to maintain the process 

for considering and responding to 

public comments on designated product 

categories; this process will take place 

on the BioPreferred Program’s website 

rather than as a step in the formal 

rulemaking process. The Agency 

believes that the revised process will 

create a balance between proposing and 

implementing changes in a timely 

manner and maintaining the 

transparency of the process established 

by the legacy rules. 

E. Determining Biobased Content 

a. One respondent urged the Agency 

to require Biobased Content Testing for 

products to qualify for the federal 

procurement preference. The 

respondent asserted that without 

required testing, there is a heightened 

risk for greenwashing and fraud. The 

respondent also recommended 

establishing Biobased Content audit 

procedures for products that are 

qualified to receive the federal 

procurement preference. 

Agency Response: The Agency 

appreciates these comments. The 

Agency notes that under section 9002 of 

FSRIA, any Biobased Product that meets 

the requirement of one or more 

designated product category is qualified 

to receive a federal procurement 

preference. This means that Biobased 

Products may be qualified to receive a 

federal procurement preference even if 

they do not participate in the 

BioPreferred Program. Qualified 

Biobased Products that participate in 

the BioPreferred Program will be 

required to undergo the same Biobased 

Content Testing and auditing 

procedures as certified products 

according to this final rule. While the 

Agency is unable to establish 

requirements for products that do not 

participate in the BioPreferred Program, 

the Agency believes it is important for 

federal buyers to be aware of Biobased 

Content requirements and ask for 

validation of Biobased Content claims 

when making purchasing decisions. To 

that end, the legacy rules included a 

stipulation that required manufacturers 

and vendors to provide federal agencies 

information to verify Biobased Content 

claims for Qualified Biobased Products 

upon request. The Agency realized this 

stipulation was unintentionally left out 

of the proposed rule language and is 

revising the final rule to include it. 

b. One respondent strongly supported 

the continued use of ASTM D6866 to 

measure Biobased Content. The 

respondent also recommended 

specifying the use of ASTM D6866 

Method B when conducting Biobased 

Content Testing, rather than also 

allowing the use of ASTM D6866 

Method C as the instruments used for 

Method C tend to be less accurate than 

those used in Method B. The respondent 

stated that the results produced by 

ASTM D6866 Method B are easily 

understood by regulators, policy 

makers, corporate officers, and the 

public, and the overwhelming 

advantage of this test method is that it 

is an independent and standardized 

laboratory measurement that produces 

highly accurate and precise values. This 

means that the test results can be easily 

reproduced to verify the value if the 

results are challenged. The respondent 

specifically supported the use of ASTM 

D6866 Method B over the test method 

EN 16785–2 and mass balance 

measurements. The respondent asserted 

that calculation-based approaches, such 

as mass balance calculations, are 

difficult to audit and could lead to 

greenwashing of Biobased Content 

claims. 

Agency Response: The Agency thanks 

the respondent for their support of the 

continued use of ASTM D6866 to 

validate Biobased Content claims. The 

Agency agrees with the use of ASTM 

D6866 Method B when products 

undergo Biobased Content Testing for 

certification and notes that this is 

current practice. The Agency feels that 

specifying the use of Method B in the 

final rule is unnecessary but will refer 

to Method B in informational materials 

on the BioPreferred Program’s website 

and in information sent to participants 

prior to testing. 

c. Two respondents strongly 

encouraged the Agency to include an 

additional certification pathway that 

utilizes mass balance methods to verify 

content claims, a recommendation that 

was included in the Conference Report 

that accompanied the 2018 Farm Bill. 

The respondents stated that while the 

ASTM D6866 test method is adequate 

for determining the amount of traceable 

Biobased Content present in a finished 

product, it is unable to account for 

renewable feedstocks attributed under 

the mass balance approach. The 

respondents asserted that modernizing 

the BioPreferred Program to include the 

mass balance approach as one of the 

approved methods to qualify for the 

BioPreferred Program would advance 

the program’s goals of furthering the 

bioeconomy and providing new markets 

for farm commodities. The respondents 

also stated that incorporating the mass 

balance method to approve products to 

qualify for the BioPreferred Program 

would substantially lower the barrier to 

entry for Participating Organizations 

and further incentivize U.S. production 

of mass balance Biobased Products and 

their related markets. 

Agency Response: The Agency 

appreciates the comments. The Agency 

notes that it is required to follow the 

specifications included within the 2018 

Farm Bill itself; some of the 

recommendations in the accompanying 

Conference Report were not included in 

the 2018 Farm Bill, and establishing a 

certification pathway using mass 

balance approaches is one such 

recommendation. The Agency 

acknowledges that industry use of the 

mass balance approach can help 

advance the BioPreferred Program’s 

goals of furthering the bioeconomy and 

providing new markets for farm 

commodities. However, the Agency 

believes that further consideration is 

needed before including an additional 

certification pathway that utilizes mass 

balance methods to verify content 

claims. The Agency also acknowledges 


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that the mass balance process may make 

it easier for manufacturers to transition 

to more sustainable feedstocks because 

segregated production pathways are not 

needed. The Agency notes that products 

produced by mass balance methods are 

not Biobased Products as defined by this 

final rule. To maintain the integrity of 

the Label and to prevent diluting public 

understanding of what the Label means, 

it is important that the Agency maintain 

a consistent definition of what it means 

for a product to be biobased. The 

Agency feels that allowing alternative 

methods that certify claims other than 

Biobased Content as defined by this 

final rule would cause confusion about 

what the Label is reporting. The Agency 

believes that including the mass balance 

approach as one of the approved 

methods to participate in the 

BioPreferred Program would require 

establishing a separate Label and 

certification process with separate 

requirements to those established for 

Biobased Products, which would 

require significant resources. The 

Agency will continue to stay informed 

of any advancements in the use of the 

mass balance approach and will 

coordinate with program Stakeholders 

and the program’s Technical Advisory 

Committee to evaluate these 

advancements as resources allow. 

d. Two respondents recommended 

allowing alternative test methods in 

addition to the use of ASTM D6866 to 

validate Biobased Content claims. The 

respondents stated that the ASTM 

D6866 test method essentially discounts 

the relative weight of the non-carbon 

biobased components in products as 

ASTM D6866 only measures the weight 

of carbon content in a product. The 

respondents noted that certain types of 

products, such as wood products, 

contain a significant amount of 

molecular oxygen, and failing to 

account for molecular oxygen 

substantially underrepresents the 

proportion of ‘‘biobased’’ materials. The 

respondents recommended amending 

the final rule to allow for the use of 

alternative, more accurate 

methodologies for measuring Biobased 

Content as future industry consensus 

standards are developed and adopted. 

Agency Response: The Agency 

appreciates the comments. The Agency 

believes it is important to maintain a 

consistent definition of Biobased 

Content across all types of materials to 

maximize understanding of what the 

Label means. At this time, the Agency 

defines Biobased Content as the amount 

of recent, biologically derived organic 

carbon in the material or product 

expressed as a percent of weight (mass) 

of the total organic carbon in the 

material or product. The Agency feels 

that allowing alternative test methods 

that measure attributes other than 

Biobased Content as defined by this 

final rule would cause confusion about 

what the Label is reporting. 

e. One respondent recommended 

adding a certification attribute that 

quantifies the carbon intensity of a 

given product. 

Agency Response: This is outside the 

scope of the request for comment on the 

proposed rule, which seeks to 

implement the amendments made to 

section 9002 of FSRIA by the 2018 Farm 

Bill. 

f. Two respondents recommended 

allowing testing exemptions for 

products that have been certified to 

industry consensus standards that are 

substantively equivalent to the thirdparty requirements set out in the 

proposed rule. The respondents noted 

that doing so would avoid duplicative 

costs and compliance burdens. 

Agency Response: The Agency 

appreciates these comments. The 

Agency agrees that, where possible, 

efforts should be made to minimize 

burdens associated with participating in 

the BioPreferred Program. To that end, 

the Agency allows testing exemptions in 

specific situations where the Biobased 

Content of an exempt product has been 

demonstrated using the alternative 

methods specified in § 4270.7(d)(1) of 

this final rule. Maintaining the integrity 

of the BioPreferred Program and the 

Label is of upmost importance, and the 

Agency believes that accepting testing 

that has been done outside of the 

Agency’s oversight could erode that 

integrity. 

g. One respondent expressed support 

for allowing testing exemptions for 

Biobased Product Ingredients with the 

same formulation as other, alreadyapproved products. The respondent 

noted that allowing these exemptions 

reduces the cost and time burdens 

associated with participating in the 

BioPreferred Program, which is 

important as many potential 

participants already have tight margins 

as they work to scale their operations. 

Agency Response: The Agency thanks 

the respondent for their support. 

h. Two respondents recommended 

specifying that Biobased Content 

Testing must be done by a laboratory 

that is ISO/IEC 17025 accredited by an 

International Laboratory Accreditation 

Cooperation (ILAC) recognized 

accreditation body. 

Agency Response: For reader clarity, 

International Organization for 

Standardization (ISO) is an 

independent, non-governmental, 

international standard development 

organization composed of 

representatives from the national 

standards organizations of member 

countries. International Electrotechnical 

Commission (IEC) is an organization 

that prepares and publishes 

international standards for all electrical, 

electronic, and related technologies. 

The Agency agrees that ISO 

accreditation is important to maintain 

the integrity of the certification process. 

While the final rule does not specify 

that testing facilities must be ISO/IEC 

17025 accredited, the Agency does 

require laboratories that are approved to 

perform testing for the BioPreferred 

Program to maintain ISO/IEC 17025 

accreditation. The Agency believes it is 

not necessary to specify in the final rule 

that laboratories must be ISO/IEC 17025 

accredited since the Agency verifies 

accreditation before laboratories are 

approved to perform testing for the 

BioPreferred Program. 

i. One respondent recommended 

specifying that laboratories that are 

approved to perform testing for the 

BioPreferred Program be carbon-14 

tracer-free facilities. 

Agency Response: The Agency agrees 

that it is important for laboratories that 

are approved to perform testing for the 

BioPreferred Program be carbon-14 

tracer-free facilities to minimize the 

potential for contamination of 

certification samples. Laboratories that 

are approved to perform testing for the 

BioPreferred Program sign an agreement 

with the Agency; the Agency believes 

the tracer-free stipulation would be 

better suited to be included in the 

laboratory agreement rather than in this 

final rule. 

F. Initial Approval Process/Oversight 

and Monitoring 

a. One respondent recommended 

reducing the time period between 

recertification requirements (referred to 

by the respondent as audits) from every 

5 years to every 2 to 3 years. The 

respondent emphasized that these 

requirements must include retesting 

using ASTM D6866 rather than allowing 

a self-declaration attesting that the 

formulation has not been altered. The 

respondent asserted that, given the 

frequency of supply chain and 

formulation changes required in the 

Biobased Products industry, a 5-year 

sampling period does not guarantee that 

products displaying the USDA Certified 

Biobased Product Label will contain the 

Biobased Content their companies 

receive certification for. The respondent 

also recommended establishing a blind 

auditing procedure to randomly select 

products for testing in between 

recertification periods. The respondent 


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stated that coupling blind audits with 

more frequent recertification 

requirements is the best way to ensure 

accurate, fair validation. 

Agency Response: The Agency 

appreciates these comments. The 

Agency notes that under the revised 

requirements, participants will be 

required to participate in an annual 

informational audit, during which they 

will self-verify that their company and 

product information remains up to date, 

as well as have their products recertified 

by undergoing ASTM D6866 testing 

every 5 years. Under the legacy rules, 

informational audits and retesting 

audits both took place every 6 years. 

The Agency believes that establishing 

an annual information audit during 

which participants must confirm or 

update their company and product 

information will be frequent enough to 

remind participants to notify the 

Agency of supply chain changes that 

may affect their product formulations. 

While the Agency agrees that more 

frequent retesting requirements, 

including the addition of a blind 

auditing procedure, would better ensure 

that the Biobased Content of certified 

products remain valid, the Agency must 

consider the burden associated with 

maintaining certification on program 

participants. The Agency believes that 

combining annual informational audits 

with 5-year recertification requirements 

balances the need to obtain updated 

information from participants while 

minimizing the burdens associated with 

retesting. However, the final rule does 

allow the Agency to request that a 

product be retested outside of the 5-year 

certification period if concerns about 

the validity of the product’s Biobased 

Content are raised. 

b. One respondent recommended 

reducing the window of time allowed to 

conform to the updated requirements for 

participants with products that are 

qualified but not certified or products 

that have been certified for more than 5 

years. The respondent asserted that a 3- 

year window to conform to the final rule 

is too much time and recommended 

reducing this to 6 months to a year 

maximum and any product that does 

not conform within that timeframe 

should be removed from the 

BioPreferred Program. 

Agency Response: The Agency 

appreciates these comments. The 

Agency agrees that allowing a 3-year 

window to conform to the final rule is 

a generous amount of time. However, 

given the large number of products that 

will be required to undergo Biobased 

Content Testing to conform to the 

updated requirements, the Agency 

believes that a grace period of this 

length is needed to minimize the burden 

that may be placed on program 

resources in undertaking these 

activities. The Agency notes that all 

participants will be required to 

participate in annual informational 

audits during the grace period and may 

be removed from the BioPreferred 

Program’s website if they fail to 

participate in such audits. 

c. One respondent noted that the 

success for this type of certification is 

dependent on its universality and 

flexibility. 

Agency Response: The Agency thanks 

the respondent for their comment. 

G. Miscellaneous/General 

a. Five respondents expressed support 

for the Agency’s efforts to streamline the 

BioPreferred Program’s rules. 

Agency Response: The Agency thanks 

the respondents for their support. 

b. One respondent expressed support 

for streamlining the BioPreferred 

Program’s rules but expressed concern 

that this final rule does not do enough 

to streamline the program for 

participants. The respondent stated that 

streamlining does not improve 

important issues within the 

BioPreferred Program, such as 

improving the procurement initiative. 

To further assist in the implementation 

and enforcement of Biobased Product 

purchasing and reporting requirements, 

the respondent requested that 

procurement officers be identified for 

the BioPreferred Program. 

Agency Response: The Agency 

appreciates the comments. The Agency 

believes the efforts to streamline the 

BioPreferred Program will have positive 

impacts for participants and potential 

participants by establishing a single, 

efficient process through which 

products are determined to be qualified 

for a federal procurement preference 

and eligible to use the Label. The 

changes to the category designation 

process will also streamline the program 

for participants by making it quicker 

and easier to designate new categories, 

allowing more products to qualify for 

the federal procurement preference. The 

Agency notes that the BioPreferred 

Program does not itself procure 

products, and therefore, procurement 

officers are not needed within the 

BioPreferred Program. The Agency will 

continue its efforts to educate federal 

agencies (including procurement 

officers) and their contractors on the 

requirements for purchasing Qualified 

Biobased Products and reporting such 

purchases. 

c. One respondent expressed general 

support for the BioPreferred Program. 

The respondent noted that the 

BioPreferred Program presents a 

significant opportunity to promote 

sustainability, innovation, and 

economic growth. The respondent also 

noted that the BioPreferred Program 

parallels the success of the National 

Organic Program, and by providing a 

clear framework for the certification and 

labeling of Biobased Products, the final 

rule will enhance consumer awareness 

of and confidence in Biobased Products 

in a similar manner to what the National 

Organic Program has done for organic 

products. The respondent further noted 

that the BioPreferred Program has the 

potential to create new avenues for job 

growth and economic development, 

particularly in rural communities. 

Additionally, the respondent noted that 

by incentivizing investment in Biobased 

Product research, production, and 

manufacturing, the BioPreferred 

Program can help bolster rural 

economies. 

Agency Response: The Agency thanks 

the respondent for their support. 

d. Three respondents recommended 

establishing North American Industry 

Classification System (NAICS) codes for 

Biobased Products with this final rule. 

Agency Response: While establishing 

NAICS codes are outside the scope of 

the request for comment on the 

proposed rule, the Agency strongly 

agrees that it is necessary to establish 

NAICS codes for Biobased Products and 

will share these comments with the 

Department of Commerce. The Agency 

will continue its efforts to encourage the 

Department of Commerce to establish 

NAICS codes for Biobased Products and 

will continue to offer support as needed 

to advance these efforts. 

e. One respondent recommended 

making updates to the BioPreferred 

Program website to make it more 

consumer friendly. 

Agency Response: The Agency 

appreciates this comment. While this is 

outside the scope for the proposed rule 

request for comment, the Agency agrees 

that the BioPreferred Program’s website 

is in need of updates to make 

information easier to find and 

understand. The Agency is currently 

working to refresh the BioPreferred 

Program’s website to make these 

changes. 

f. One respondent recommended that 

the BioPreferred Program be 

incorporated into the Coordinated 

Framework established by section 8 of 

E.O. 14081. 

Agency Response: This is outside the 

scope of the proposed rule request for 

comment. 

g. One respondent requested the 

proposed rule plain language summary. 


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Agency Response: The Agency 

provided the appropriate information 

for locating the plain language summary 

at regulations.gov. 

h. One respondent inquired whether 

there would be an interagency review of 

the proposed rule. 

Agency Response: The proposed rule 

did not require official interagency 

review because the rulemaking was 

designated as non-significant. 

IV. Summary of Changes 

The final rule will not include 

revisions based on the public comments 

received in response to the proposed 

rule. The final rule will include two 

technical amendments summarized 

below. 

a. In the final rule, § 4270.7(a) is being 

revised to include the last sentence from 

7 CFR 3201.7(a). While reviewing the 

public comments, the Agency 

determined that this stipulation was 

unintentionally excluded from the 

proposed rule language. This 

requirement is being added to the final 

rule language to clarify that 

manufacturers and vendors of Qualified 

Biobased Products may be asked to 

prove their Biobased Content claims 

regardless of whether they participate in 

the BioPreferred Program. 

b. In addition, § 4270.7(c)(2)(i) is 

being revised to correct the notation 

used in the Complex Assemblies 

equation. The proposed rule used ‘‘of 

the nth component’’ and the final rule 

is being revised to correct this to ‘‘of the 

ith component.’’ 

V. Executive Orders/Acts 

A. Executive Order 12866— 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 

B. Executive Order 12372— 

Intergovernmental Consultation 

This program is not subject to the 

requirements of Executive Order 12372, 

Intergovernmental Review of Federal 

Programs, as implemented under 2 CFR 

part 415. 

C. Paperwork Reduction Act 

The information collection and 

recordkeeping requirements contained 

in this final rule will not be effective 

until approved by OMB, subject to the 

submission of a paperwork package 

submitted to OMB pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35). 

D. National Environmental Policy Act 

In accordance with the National 

Environmental Policy Act of 1969, 

Public Law 91–190, this final rule has 

been reviewed in accordance with 7 

CFR part 1970. The Agency has 

determined that (i) this action meets the 

criteria established in 7 CFR 1970.53(f); 

(ii) no extraordinary circumstances 

exist; and (iii) the action is not 

‘‘connected’’ to other actions with 

potentially significant impacts, is not 

considered a ‘‘cumulative action,’’ and 

is not precluded by 40 CFR 1506.1. 

Therefore, the Agency has determined 

that the action does not have a 

significant effect on the human 

environment, and therefore neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

required. 

E. Regulatory Flexibility Act 

The final rule has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). The undersigned has 

determined and certified by signature 

on this document that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities since this rulemaking action 

does not involve a new or expanded 

program nor does it require any more 

action on the part of a small business 

than required of a large entity. 

F. Administrative Pay-As-You-Go-Act of 

2023 

The Administrative Pay-As-You-GoAct of 2023 (Act) (See Fiscal 

Responsibility Act of 2023, Pub. L. 118– 

5, 137 Stat 31, div. B, title III) requires 

the U.S. Government Accountability 

Office (GAO) to assess agency 

compliance with the Act, which 

establishes requirements for 

administrative actions that affect direct 

spending, in GAO’s major rule reports. 

The Act does not apply to this final rule 

because it does not increase direct 

spending. 

G. Executive Order 12988—Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988. In 

accordance with this final rule: (1) 

unless otherwise specifically provided, 

all State and local laws that conflict 

with this final rule will be preempted; 

(2) no retroactive effect will be given to 

this final rule except as specifically 

prescribed in the final rule; and (3) 

administrative proceedings of the 

National Appeals Division of the 

Department of Agriculture (7 CFR part 

11) must be exhausted before bringing 

suit in court that challenges action taken 

under this final rule. 

H. Unfunded Mandates Reform Act 

(UMRA) 

Title II of the UMRA, Public Law 104– 

4, establishes requirements for Federal 

Agencies to assess the effects of their 

regulatory actions on State, local, and 

Tribal Governments and on the private 

sector. Under section 202 of the UMRA, 

Federal Agencies generally must 

prepare a written statement, including 

cost-benefit analysis, for proposed and 

Final Rules with ‘‘Federal mandates’’ 

that may result in expenditures to State, 

local, or Tribal Governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any year. When 

such a statement is needed for a final 

rule, section 205 of the UMRA generally 

requires a Federal Agency to identify 

and consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the final rule. 

This final rule contains no Federal 

mandates (under the regulatory 

provisions of title II of the UMRA) for 

State, local, and Tribal Governments or 

for the private sector. Therefore, this 

final rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

I. Executive Order 13132—Federalism 

The policies contained in this final 

rule do not have any substantial direct 

effect on States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Nor does 

this final rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

J. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have Tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 


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Federal Government and Indian tribes. 

Consultation is also required for any 

regulation that preempts Tribal law or 

that imposes substantial direct 

compliance costs on Indian Tribal 

governments and that is not required by 

statute. 

The Agency has determined that this 

final rule does not, to our knowledge, 

have Tribal implications that require 

formal Tribal consultation under 

Executive Order 13175. If a Tribe 

requests consultation, the Agency will 

work with the Office of Tribal Relations 

to ensure meaningful consultation is 

provided where changes, additions and 

modifications identified herein are not 

expressly mandated by Congress. 

K. E-Government Act Compliance 

RD is committed to 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 and to 

promote the use of the internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

L. Civil Rights Impact Analysis 

RD has reviewed this final rule in 

accordance with USDA Regulation 

4300–4, Civil Rights Impact Analysis, to 

identify any major civil rights impacts 

the final rule might have on program 

participants on the basis of age, race, 

color, national origin, sex, disability, 

marital or familial status. Based on the 

review and analysis of the final rule and 

all available data, issuance of this final 

rule is not likely to negatively impact 

low and moderate-income populations, 

minority populations, women, Indian 

tribes or persons with disability, by 

virtue of their age, race, color, national 

origin, sex, disability, or marital or 

familial status. No major civil rights 

impact is likely to result from this final 

rule. 

M. USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights laws and USDA civil rights 

regulations and policies, the USDA, its 

Mission Areas, agencies, staff offices, 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program, political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Program information may be made 

available in languages other than 

English. Persons with disabilities who 

require alternative means of 

communication to obtain program 

information (e.g., Braille, large print, 

audiotape, American Sign Language) 

should contact the responsible Mission 

Area, agency, or staff office; or the 711 

Relay Service. 

To file a program discrimination 

complaint, a complainant should 

complete a Form AD–3027, USDA 

Program Discrimination Complaint 

Form, which can be obtained online at 

usda.gov/sites/default/files/documents/ 

ad-3027.pdf from any USDA office, by 

calling (866) 632–9992, or by writing a 

letter addressed to USDA. The letter 

must contain the complainant’s name, 

address, telephone number, and a 

written description of the alleged 

discriminatory action in sufficient detail 

to inform the Assistant Secretary for 

Civil Rights (ASCR) about the nature 

and date of an alleged civil rights 

violation. The completed AD–3027 form 

or letter must be submitted to USDA by: 

a. Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; or 

b. Fax: (833) 256–1665 or (202) 690– 

7442; or 

c. Email: program.intake@usda.gov. 

N. Severability 

It is USDA’s intention that the 

provisions of this final rule shall operate 

independently of each other. In the 

event that this final rule or any portion 

of this final rule is ultimately declared 

invalid or stayed as to a particular 

provision, it is USDA’s intent that the 

final rule nonetheless be severable and 

remain valid with respect to those 

provisions not affected by a declaration 

of invalidity or stayed. USDA concludes 

it would separately adopt all of the 

provisions contained in this final rule. 

List of Subjects in 7 CFR Parts 3201, 

3202, and 4270 

Biobased products, Business and 

industry, and Government procurement. 

For the reasons stated in the 

preamble, USDA amends chapters 

XXXII and XLII of title 7 of the Code of 

Federal Regulations as follows: 

CHAPTER XXXII—OFFICE OF 

PROCUREMENT AND PROPERTY 

MANAGEMENT 

PART 3201 [REMOVED AND 

RESERVED] 

■ 1. Under the authority of 7 U.S.C. 

8102, remove and reserve part 3201. 

PART 3202 [REMOVED AND 

RESERVED] 

■ 2. Under the authority of 7 U.S.C. 

8102, remove and reserve part 3202. 

CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE 

■ 3. Add part 4270, consisting of 

§§ 4270.1 through 4270.99, to read as 

follows: 

PART 4270—USDA BIOBASED 

MARKETS PROGRAM: FEDERAL 

PROCUREMENT AND VOLUNTARY 

LABELING 

Sec. 

4270.1 Purpose and scope. 

4270.2 Definitions. 

4270.3 Applicability. 

4270.4 Criteria for eligibility 

4270.5 Procurement programs. 

4270.6 Category designation. 

4270.7 Determining Biobased Content. 

4270.8 [Reserved] 

4270.9 Initial approval process. 

4270.10 [Reserved] 

4270.11 Requirements associated with 

promotional certification materials. 

4270.12 Violations of program 

requirements. 

4270.13 Appeal process. 

4270.14 Reporting and recordkeeping. 

4270.15 Oversight and monitoring. 

4270.16–4270.98 [Reserved] 

4270.99 OMB control number. 

Authority: 7 U.S.C. 8102. 

§ 4270.1 Purpose and scope. 

(a) This part sets forth the procedures 

and guidelines for the implementation 

of the USDA Biobased Markets Program, 

called the BioPreferred® Program, 

established by section 9002 of the Farm 

Security and Rural Investment Act of 

2002 (FSRIA) as amended by the Food, 

Conservation, and Energy Act of 2008, 

and further amended by the Agricultural 

Act of 2014, and the Agriculture 

Improvement Act of 2018 (Pub. L. 107– 

171, 116 Stat. 476, 7 U.S.C. 8102). 

(b) The guidelines in this part 

establish: 

(1) A process for designating 

categories of products that are, or can 

be, produced with biobased 

Intermediate Ingredients or feedstocks 

and whose procurement by procuring 

agencies and other relevant 

Stakeholders will carry out the 

objectives of section 9002 of FSRIA; 


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(2) The criteria for eligibility and the 

process through which Biobased 

Products can participate in the 

BioPreferred Program, be subject to 

preferred Federal procurement, and be 

eligible to display the USDA Certified 

Biobased Product Label; 

(3) Specifications for the correct and 

incorrect uses of the USDA Certified 

Biobased Product Label and 

Certification Icon, which apply to 

Participating Organizations and Other 

Entities; and 

(4) Actions that constitute 

noncompliance with this part. 

§ 4270.2 Definitions 

Agricultural materials. Plant, animal, 

and marine matter, raw materials or 

residues used in the manufacturing of a 

commercial or industrial product 

excluding food, feed, motor vehicle fuel, 

heating oil, and electricity. 

Applicable minimum biobased 

content. The required Biobased Content 

level set by USDA that a product must 

meet or exceed to qualify for the Federal 

procurement preference and use of the 

USDA Certified Biobased Product Label. 

ASTM International (ASTM). A 

nonprofit organization, formerly known 

as American Society for Testing and 

Materials, that provides an international 

forum for the development and 

publication of voluntary consensus 

standards for materials, products, 

systems, and services. 

Biobased content. The amount of 

recent, biologically derived organic 

carbon in the material or product 

expressed as a percent of weight (mass) 

of the total organic carbon in the 

material or product. 

Biobased content testing. The testing 

that is performed to verify a product’s 

Biobased Content. For products 

participating in the BioPreferred 

Program, the Biobased Content is to be 

determined using ASTM Method D6866, 

Standard Test Methods for Determining 

the Biobased Content of Solid, Liquid, 

and Gaseous Samples Using 

Radiocarbon Analysis. 

Biobased product(s). (1) A product 

determined by USDA to be a 

commercial or industrial product (other 

than food or feed) that is: 

(i) Composed, in whole or in 

significant part, of Biological Products, 

including renewable domestic 

Agricultural Materials, Renewable 

Chemicals, and forestry materials; or 

(ii) An Intermediate Ingredient or 

Feedstock. 

(2) The term Biobased Product 

includes, with respect to forestry 

materials, Forest Products that meet 

Biobased Content requirements, 

notwithstanding the market share the 

product holds, the age of the product, or 

whether the market for the product is 

new or emerging. For the purposes of 

the BioPreferred Program, the term 

Biobased Product does not include 

motor vehicle fuels, heating oils, or 

electricity. 

Biodegradability. A quantitative 

measure of the extent to which a 

material is capable of being decomposed 

by biological agents, especially bacteria. 

Biological products. Products derived 

from living materials. 

Certification icon. The distinctive 

image, as shown in figure 1 (note that 

actual size will vary depending on 

application), that depicts the symbols of 

the sun, the soil, and the aquatic 

environments to be used with USDA’s 

permission to identify Certified 

Biobased Products. The icon will be 

used in materials including, but not 

limited to, advertisements, catalogs, 

procurement databases, websites, and 

promotional and educational materials. 

The colors used in the Certification Icon 

can be found in the USDA BioPreferred 

Program Brand and Marketing 

Guidelines available on the BioPreferred 

Program website (biopreferred.gov). 

Figure 1 to Definition of Certified 

Icon—Certification Icon 

Certified application. An application 

for a Biobased Product to participate in 

the BioPreferred Program that has 

completed all steps of the certification 

process, including an initial 

Prequalification review and Biobased 

Content Testing as required, and has 

received a notice of certification. 

Certified biobased product. A 

Biobased Product that is eligible for 

preferred Federal procurement because 

it meets the definition and Applicable 

Minimum Biobased Content criteria for 

one or more Designated Product 

Categories as specified in the Register of 

Designated Categories, and for which 

the Participating Organization has 

received approval from USDA to utilize 

the USDA Certified Biobased Product 

Label. 

Complex assembly. A system of 

distinct materials and components 

assembled to create a finished product 

with specific functional intent where 

some or all of the system components 

contain some amount of biobased 

material or feedstock. 

Days. As used in this part means 

calendar Days. 

Defined product category. Any 

product category that has been 

established for a specified grouping of 

Biobased Products with similar 

characteristics and intended uses. A 

Defined Product Category includes a 

description of the product 

characteristics that fall within the 

category. The other product category is 

not a Defined Product Category. 

Designated product category. A 

grouping of Biobased Products, 

including finished products, 

Intermediate Ingredients or Feedstocks, 

and Complex Assemblies, identified in 

the Register of Designated Categories on 

the BioPreferred Program website 

(biopreferred.gov). Certified or Qualified 

Biobased Products that meet the criteria 

for at least one designated category are 

eligible for the procurement preference 

established under section 9002 of 

FSRIA. 

Designated representative. An entity 

authorized by a Participating 

Organization to act on their behalf to 

obtain certification or to affix the USDA 

Certified Biobased Product Label to the 

Participating Organization’s Certified 

Biobased Product or its packaging or 

perform other marketing functions. 

Federal agency. Any executive agency 

or independent establishment in the 

legislative or judicial branch of the 

Government (except the Senate, the 

House of Representatives, the Architect 

of the Capitol, and any activities under 

the Architect’s direction). 

Forest product. A product made from 

materials derived from the practice of 

forestry or the management of growing 

timber. The term Forest Product 

includes: 

(1) Pulp, paper, paperboard, pellets, 

lumber, and other wood products; and 

(2) Any recycled products derived 

from forest materials. 

Formulated product. A product that is 

prepared or mixed with other 

Ingredients, according to a specified 

formula and includes more than one 

Ingredient. 

FSRIA. The Farm Security and Rural 

Investment Act of 2002, Public Law 

107–171, 116 Stat. 134 (7 U.S.C. 8102). 

Ingredient. A component, or a part of 

a compound or mixture, that may be 

active or inactive. 

Innovative criteria. Benchmark for 

demonstrating new and emerging 

approaches in the growing, harvesting, 

sourcing, procuring, processing, 

manufacturing, or application of the 

Biobased Product. Biobased Products 

must meet one of the Innovative Criteria 


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as defined by USDA to be eligible for 

preferred Federal procurement and to 

display the USDA Certified Biobased 

Product Label. 

Intermediate ingredient or feedstock. 

A material or compound made in whole 

or in significant part from Biological 

Products, including renewable 

Agricultural Materials (including plant, 

animal, and marine materials) or 

forestry materials that have undergone 

value added processing (including 

thermal, chemical, biological, or a 

significant amount of mechanical 

processing), excluding harvesting 

operations, offered for sale by a 

Participating Organization and that is 

subsequently used to make a more 

complex compound or product. 

ISO. The International Organization 

for Standardization, a network of 

national standards institutes working in 

partnership with international 

organizations, governments, industries, 

business, and consumer representatives. 

ISO 9001 conformant. An entity that 

meets all the requirements of the ISO 

9001 standard, but that is not required 

to be ISO 9001 certified. ISO 9001 refers 

to the ISO’s standards and guidelines 

relating to quality management systems. 

Quality management is defined as what 

the manufacturer does to ensure that its 

products or services satisfy the 

customer’s quality requirements and 

comply with any regulations applicable 

to those products or services. 

Other entity. Any person, group, 

public or private organization, or 

business other than USDA or 

Participating Organizations that may 

wish to use the USDA Certified 

Biobased Product Label or Certification 

Icon in informational or promotional 

material related to a Certified Biobased 

Product. 

Parent product. The Certified 

Biobased Product in a test exempt 

relationship that was originally tested 

for certification. A test exempt product 

references the Certified Application of 

its Parent Product. 

Participating organization. An entity 

that has completed the steps required to 

have a Certified and/or Qualified 

Biobased Product under the 

BioPreferred Program. Participants can 

include entities that perform the 

necessary chemical and mechanical 

processes to make a Biobased Product, 

and entities that offer for sale Biobased 

Products that they do not manufacture 

but that are marketed and sold under 

their own brand. 

Prequalification. The step during the 

certification process at which an 

application is conditionally approved 

pending the product undergoing 

Biobased Content Testing. 

Procuring agency. Any Federal 

Agency that is using Federal funds for 

procurement or any business 

contracting with any Federal Agency 

with respect to work performed under 

the contract. 

Qualified biobased product(s). A 

product that is eligible for preferred 

Federal procurement because it meets 

the definition and Applicable Minimum 

Biobased Content criteria for one or 

more Designated Product Categories as 

specified in the Register of Designated 

Categories. 

Register of Designated Categories. The 

list of product categories that are 

eligible for the procurement preference 

established under section 9002 of 

FSRIA, including the category name, 

description, required minimum 

Biobased Content, and date of 

finalization. The Register of Designated 

Categories can be found on the 

BioPreferred Program website at 

biopreferred.gov. 

Renewable chemical. A monomer, 

polymer, plastic, Formulated Product, 

or chemical substance produced from 

renewable biomass. 

Secretary. The Secretary of the United 

States Department of Agriculture. 

Stakeholder. Individuals or officers of 

State or local government organizations, 

private non-profit institutions, or 

organizations, and private businesses or 

consumers. 

USDA. The United States Department 

of Agriculture. 

USDA Certified Biobased Product 

label. A combination of the Certification 

Icon (as defined in this part); one of 

three statements identifying whether the 

USDA certification applies to the 

product, the package, or both the 

product and package; and the letters 

‘‘FP’’ to indicate that the product is 

within a Designated Product Category 

and eligible for preferred Federal 

procurement. The distinctive image, as 

shown in figures 2, 3, and 4 (note that 

actual size will vary depending on 

application), identifies products as 

USDA Certified Biobased Products. The 

colors used in the USDA Certified 

Biobased Product Label can be found in 

the USDA BioPreferred Program Brand 

and Marketing Guidelines available on 

the BioPreferred Program website 

(biopreferred.gov). The USDA Certified 

Biobased Product Label is owned and its 

use is managed by USDA (standard 

trademark law definition applies). 

Figure 2 to Definition of USDA Certified 

Biobased Product Label—USDA 

Certified Biobased Product Label 

Figure 3 to Definition of USDA Certified 

Biobased Product Label—USDA 

Certified Biobased Package Label 

Figure 4 to Definition of USDA Certified 

Biobased Product Label—USDA 

Certified Biobased Product & Package 

Label 

§ 4270.3 Applicability. 

(a) Applicability to Federal 

procurements—(1) Applicability to 

procurement actions. The guidelines in 

this part apply to all procurement 

actions by Procuring Agencies involving 

product categories designated by USDA 

in this part, where the Procuring Agency 

makes purchases of $10,000 or more of 

one of these products during a fiscal 

year, or where the quantity of such 

products or of functionally equivalent 

products purchased during the 

preceding fiscal year was $10,000 or 

more. The $10,000 threshold applies to 

Federal Agencies as a whole rather than 

to agency subgroups such as regional 

offices or subagencies of a larger Federal 

department or agency. 

(2) Exception for procurements 

subject to Environmental Protection 

Agency (EPA) regulations under the 

Solid Waste Disposal Act. For any 

procurement by any Procuring Agency 

that is subject to regulations of the 

Administrator of the EPA under section 

6002 of the Solid Waste Disposal Act, as 

amended by the Resource Conservation 

and Recovery Act of 1976 (40 CFR part 


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USDA 

CERTIFIED 

BIOBASED 

PRODUCT 

PRODUCT57% 

USDA 

CERTIFIED 

BIOBASED 

PRODUCT 

PACKAGE 32% 

USDA 

CERTIFIED 

BIOBASED 

PRODUCT 

PRODUCT57% 

PACKAGE 32% 
97468 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

247), these guidelines do not apply to 

the extent that the requirements of this 

part are inconsistent with such 

regulations. 

(3) Procuring products composed of 

the highest percentage of Biobased 

Content. Section 9002(a)(2) of FSRIA (7 

U.S.C. 8102(a)(2)) requires Procuring 

Agencies to procure Qualified Biobased 

Products composed of the highest 

percentage of Biobased Content 

practicable. Procuring agencies may 

decide not to procure such Qualified 

Biobased Products if they are not 

reasonably priced or readily available or 

do not meet specified or reasonable 

performance standards. 

(4) Incidental purchases. This part 

does not apply to purchases of Qualified 

Biobased Products that are unrelated to 

or incidental to Federal funding (i.e., 

purchases that are not the direct result 

of a contract or agreement with persons 

supplying products to a Procuring 

Agency or providing support services 

that include the supply or use of 

products). 

(5) Exemptions. The following 

applications are exempt from the 

preferred procurement requirements of 

this part: 

(i) Military equipment: Products or 

systems designed or procured for 

combat or combat-related missions. 

(ii) Spacecraft systems and launch 

support equipment. 

(b) Applicability to Participating 

Organizations and Other Entities—(1) 

Participating Organizations. The 

requirements in this part apply to all 

prospective Participating Organizations 

who wish to participate in the 

BioPreferred Program. Those wishing to 

participate in the BioPreferred Program 

are required to obtain and maintain 

product certification. USDA will allow 

only one owner or Designated 

Representative of a branded product to 

participate. Participating Organizations 

may not obtain product certification for 

a product using a brand name owned by 

a separate organization unless they are 

acting on behalf of the brand owner, 

with their approval, as a Designated 

Representative. 

(2) Other Entities. The requirements 

in this part apply to Other Entities who 

wish to use the USDA Certified 

Biobased Product Label or Certification 

Icon in promoting the sales or the public 

awareness of Certified Biobased 

Products. 

§ 4270.4 Criteria for eligibility. 

A product must meet each of the 

criteria specified in paragraphs (a) 

through (c) of this section to be eligible 

to participate in the BioPreferred 

Program. 

(a) Biobased Product. The product for 

which certification is sought must be a 

Biobased Product as defined in § 4270.2. 

Products must undergo Biobased 

Content Testing as described in § 4270.7 

of this part to confirm the products meet 

or exceed the applicable minimums. 

(1) Products that are qualified for 

preferred Federal procurement but not 

certified as of the date of publication of 

this rule. If the product is qualified for 

preferred Federal procurement through 

the BioPreferred Program as of January 

8, 2025, the product will remain eligible 

under the legacy rules, which can be 

found on the BioPreferred Program 

website (biopreferred.gov), until the 

product is reformulated, discontinued, 

or until December 9, 2027, whichever 

comes first. These products must follow 

the procedures described in § 4270.9 

before December 9, 2027 to remain 

eligible. 

(2) Exclusions. Motor vehicle fuels, 

heating oil, and electricity are excluded 

by statute from this Program. For the 

purposes of this Program, food, animal 

feed, and products intended to be 

ingested or inhaled such as 

pharmaceuticals or nutraceuticals are 

also excluded. 

(b) Minimum Biobased Content. The 

Biobased Content of the product must 

be equal to or greater than the 

Applicable Minimum Biobased Content, 

as described in paragraphs (b)(1) and (2) 

of this section. 

(1) Products that fall under one or 

more Defined Product Categories—(i) 

Product is within a single product 

category. If the Biobased Product is 

within a single Defined Product 

Category that, at the time the 

application for certification is 

submitted, has been designated by 

USDA for preferred Federal 

procurement, the Applicable Minimum 

Biobased Content requirement for the 

product is the minimum Biobased 

Content specified for the Defined 

Product Category as found in the 

Register of Designated Categories on the 

BioPreferred Program website at 

biopreferred.gov. 

(ii) Product is within multiple product 

categories. If the Biobased Product is 

marketed within more than one Defined 

Product Category identified for 

preferred Federal procurement at the 

time the application for certification is 

submitted and uses the same packaging 

for each use, the product’s Biobased 

Content must meet or exceed the 

specified minimum Biobased Content 

for each of the applicable product 

categories, as found in the Register of 

Designated Categories on the 

BioPreferred Program website at 

biopreferred.gov, to become certified in 

each category. If the product’s Biobased 

Content does not meet the specified 

minimum Biobased Content for the 

category that most closely matches the 

product’s primary intended use, the 

product is not eligible to participate. 

(2) Products that do not meet the 

definition of at least one Defined 

Product Category. If the Biobased 

Product does not meet the definition of 

a Defined Product Category that has 

been designated by USDA at the time 

the application for certification is 

submitted, the Applicable Minimum 

Biobased Content is 30 percent. USDA 

will evaluate such products as described 

in § 4270.6 to determine the viability of 

designating a new product category. If a 

new category is subsequently designated 

for preferred Federal procurement, the 

Applicable Minimum Biobased Content 

will become, as of the effective date 

indicated in the Register of Designated 

Categories, the minimum Biobased 

Content specified for the newly Defined 

Product Category. 

(c) Innovative Criteria. In determining 

eligibility for certification under the 

BioPreferred Program, USDA will 

consider as eligible only those products 

that use innovative approaches in the 

growing, harvesting, sourcing, 

procuring, processing, manufacturing, 

or application of the Biobased Product. 

USDA will consider products that meet 

one or more of the criteria in paragraphs 

(c)(1) through (4) of this section to be 

eligible for certification. USDA will also 

consider other documentation of 

innovative approaches in the growing, 

harvesting, sourcing, procuring, 

processing, manufacturing, or 

application of Biobased Products on a 

case-by-case basis. USDA may deny or 

revoke certification for any products 

whose manufacturers are unable to 

provide USDA with the documentation 

necessary to verify claims that 

innovative approaches are used. 

(1) Product applications. (i) The 

Biobased Product or material is used or 

applied in applications that differ from 

historical applications; or 

(ii) The Biobased Product or material 

is grown, harvested, manufactured, 

processed, sourced, or applied in other 

innovative ways; or 

(iii) The Biobased Content of the 

product or material makes its 

composition different from products or 

material used for the same historical 

uses or applications. 

(2) Manufacturing and processing. (i) 

The Biobased Product or material is 

manufactured or processed using 

renewable, biomass energy or using 

technology that is demonstrated to 

increase energy efficiency or reduce 


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reliance on fossil-fuel based energy 

sources; or 

(ii) The Biobased Product or material 

is manufactured or processed with 

technologies that reduce waste and 

ensure high feedstock material recovery 

and use. 

(3) Environmental Product 

Declaration. The product has a current 

Environmental Product Declaration as 

defined by International Standard ISO 

14025, Environmental Labels and 

Declarations—Type III Environmental 

Declarations—Principles and 

Procedures. 

(4) Raw material sourcing. (i) The raw 

material used in the product is sourced 

from a Legal Source, a Responsible 

Source, or a Certified Source as 

designated by ASTM D7612 (Standard 

Practice for Categorizing Wood and 

Wood-Based Products According to 

Their Fiber Sources); or 

(ii) The raw material used in the 

product is 100% resourced or recycled 

(such as material obtained from building 

deconstruction or agricultural wastes); 

or 

(iii) The raw material used in the 

product is acquired as a result of 

activities related to a natural disaster, 

debris clearing, right-of-way 

maintenance, tree health improvement, 

or public safety; or 

(iv) The raw material used in the 

product is grown, harvested, 

manufactured, processed, sourced, or 

applied in other sustainable and 

ethically sourced ways as determined by 

USDA. Examples include but are not 

limited to rainforest and habitat 

conservation, wildlife protection, 

ethical workplace practices, and 

adherence to environmental 

management systems, such as ISO 

14001. 

§ 4270.5 Procurement programs. 

(a) Integration into the Federal 

procurement framework. The Office of 

Federal Procurement Policy, in 

cooperation with USDA, has the 

responsibility to coordinate this policy’s 

implementation in the Federal 

procurement regulations. These 

guidelines are not intended to address 

full implementation of these 

requirements into the Federal 

procurement framework. This will be 

accomplished through revisions to the 

Federal Acquisition Regulation. 

(b) Federal Agency preferred 

procurement programs. (1) Each Federal 

Agency will maintain and implement a 

procurement program that will assure 

that Qualified Biobased Products are 

purchased to the maximum extent 

practicable and that is consistent with 

applicable provisions of Federal 

procurement laws. Each procurement 

program will contain: 

(i) A preference program for 

purchasing Qualified Biobased 

Products; 

(ii) A training program to educate the 

Federal Agency and its contractors on 

the requirements for purchasing 

Qualified Biobased Products; 

(iii) Provisions for the annual review 

and monitoring of the effectiveness of 

the procurement program; 

(iv) Provisions for reporting quantities 

and types of Biobased Products 

purchased by the Federal Agency and 

its contractors through the BioPreferred 

Program Portal in the System for Award 

Management (https://sam.gov) as 

required by 48 CFR 52.223–2; and 

(v) Provisions for reviewing and 

eliminating specifications that prohibit 

the purchasing of Qualified Biobased 

Products. 

(2) In developing their preference 

program, Federal agencies will adopt 

one of the following options, or a 

substantially equivalent alternative, as 

part of the procurement program: 

(i) A policy of awarding contracts on 

a case-by-case basis to the vendor 

offering a Qualified Biobased Product 

composed of the highest percentage of 

Biobased Content practicable except 

when such products: 

(A) Are not available within a 

reasonable timeframe; 

(B) Fail to meet performance 

standards for their intended use, or the 

reasonable performance standards of the 

Federal Agency; or 

(C) Are not available at a reasonable 

price. 

(ii) A policy of setting minimum 

Biobased Content specifications in such 

a way as to assure that the required 

Biobased Content of Qualified Biobased 

Products is consistent with section 9002 

of FSRIA and the requirements of the 

guidelines in this part. 

(iii) A policy of documenting and 

reporting cases where it is not possible 

to award contracts and set specifications 

in such a way that is consistent with 

section 9002 of FSRIA and the 

requirements of this part. 

(3) In implementing the preference 

program, Federal agencies will treat as 

eligible for the preference Biobased 

Products from designated countries, as 

that term is defined in 48 CFR 25.003 

(Federal Acquisition Regulation), 

provided that those products otherwise 

meet all requirements for participation 

in the preference program. 

(4) Each Federal Agency will continue 

to establish an annual targeted biobasedonly procurement requirement under 

which the Procuring Agency will issue 

a certain number of biobased-only 

contracts when the Procuring Agency is 

purchasing products, or purchasing 

services that include the use of 

products, that are included in a 

Biobased Product category designated 

by the Secretary. 

(c) Procurement specifications. 

Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for products procured by 

Federal agencies will ensure that their 

specifications require the use of 

Qualified Biobased Products, consistent 

with the guidelines in this part. These 

specifications must be put in place no 

later than six months after a designated 

category of products is finalized and 

added to the Register of Designated 

Categories. USDA will identify the 

allowable time frame for specifications 

to be put in place in the Register of 

Designated Categories found on the 

BioPreferred Program website at 

biopreferred.gov. The Biobased Content 

of Qualified Biobased Products within a 

Designated Product Category may vary 

considerably from product to product 

based on the mix of Ingredients used in 

its manufacture. In procuring Qualified 

Biobased Products, the percentage of 

Biobased Content should be maximized, 

consistent with achieving the desired 

performance for the product. 

§ 4270.6 Category designation. 

(a) Procedure. Designated Product 

Categories are found in the Register of 

Designated Categories on the 

BioPreferred Program website 

(biopreferred.gov). 

(1) General. In designating product 

categories, USDA will designate 

categories composed of generic 

groupings of specific products, 

Intermediate Ingredients or Feedstocks, 

or Complex Assemblies and will 

identify the minimum Biobased Content 

for each listed category or subcategory. 

As product categories are designated for 

procurement preference, they will be 

added to the Register of Designated 

Categories on the BioPreferred Program 

website at biopreferred.gov. 

(i) Adding new product categories to 

the Register of Designated Categories. If 

a product does not fall within a Defined 

Product Category that has been 

designated by USDA at the time the 

application for certification is 

submitted, the Applicable Minimum 

Biobased Content is 30 percent, and it 

will be listed in the other product 

category. USDA will evaluate the 

viability of designating new product 

categories to categorize products in the 

other product category more 

appropriately, following the procedure 

described in paragraphs (a)(1)(i)(A) 

through (D) of this section. 


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(A) New Defined Product Categories 

that are identified during the category 

evaluation process will be added to the 

Register of Designated Categories on the 

BioPreferred Program website 

(biopreferred.gov). Using the data 

gathered during the certification 

process, USDA will establish a 

provisional category name, definition, 

and minimum Biobased Content for 

each new product category based on the 

product(s) that fall within the new 

category. 

(B) The provisional minimum will be 

in place for a period of six months 

following the addition of the new 

Defined Product Category to the Register 

of Designated Categories. During that 

time, any product that falls within the 

category based on the category 

definition and has a Biobased Content 

that is either at least 30 percent or 

within 30 percentage points of the 

provisional minimum, whichever is 

higher, will be considered for inclusion. 

(C) After a period of six months 

following the addition of the new 

product category to the Register of 

Designated Categories, USDA will reevaluate the provisional category name, 

description, and minimum Biobased 

Content based on the data gathered 

during the year. At that time, USDA will 

make final the product category name, 

description, and minimum Biobased 

Content, and the category will no longer 

be considered provisional. 

(D) Procuring agencies, in accordance 

with this part, are encouraged to give a 

procurement preference for Qualified 

Biobased Products that falls within 

provisionally designated categories and 

are required to give a procurement 

preference for Qualified Biobased 

Products that falls within designated 

categories no later than six months after 

the finalized product category is added 

to the Register of Designated Categories. 

By that date, Federal agencies 

responsible for products to be procured 

will ensure that the relevant 

specifications require the use of 

Biobased Products that fall within the 

designated categories. 

(ii) Revising Defined Product 

Categories on the Register of Designated 

Categories. USDA will periodically 

evaluate the need to update the product 

categories included in the Register of 

Designated Categories by reviewing 

items including, but not limited to, the 

category names, definitions, minimum 

Biobased Contents, subcategories, and 

the need for the category or subcategory. 

If the data support making updates, 

USDA will amend the category and 

publish the updated category to the 

Register of Designated Categories. No 

later than six months after the amended 

category is published to the Register of 

Designated Categories, procuring 

agencies, in accordance with this part, 

will give a procurement preference for 

Qualified Biobased Products that fall 

within the amended designated 

category. By that date, Federal agencies 

responsible for products to be procured 

will ensure that the relevant 

specifications require the use of 

Biobased Products that fall within the 

designated categories. 

(2) Public comments. Interested 

parties, including manufacturers, 

vendors, groups of manufacturers and/ 

or vendors, and trade associations may 

propose an alternative Applicable 

Minimum Biobased Content for a new, 

provisional, defined, or Designated 

Product Category by, in consultation 

with USDA, developing and conducting 

an analysis to support the proposed 

alternative Applicable Minimum 

Biobased Content. If approved by 

USDA, the proposed alternative 

Applicable Minimum Biobased Content 

would become the Applicable Minimum 

Biobased Content for products that fall 

within that category to be certified. 

(3) Continued eligibility. If the 

applicable required minimum Biobased 

Content for a product to be eligible to 

participate in the BioPreferred Program 

is revised by USDA, the product will 

remain certified or qualified, as 

applicable, only if it meets the new 

minimum Biobased Content level. In 

those cases where the Biobased Content 

of a certified or qualified product fails 

to meet the new minimum Biobased 

Content level, USDA will notify the 

Participating Organization that their 

certification is no longer valid. Such 

Participating Organizations must notify 

USDA of their intent to increase the 

Biobased Content of their product to a 

level at or above the new minimum 

Biobased Content level within 120 Days 

and must re-apply for certification 

within an additional 120 Days if they 

wish to continue to participate in the 

Program. The affected product’s 

certification will expire if the 

Participating Organization does not 

notify USDA of the intent to reformulate 

within 120 Days or if the Participating 

Organization does not re-apply within 

the additional 120 Days. Participating 

Organizations who have re-applied for 

certification may continue using the 

existing USDA Certified Biobased 

Product Label until they receive 

notification from USDA on the results of 

their re-application for certification. 

(b) Considerations. (1) In designating 

product categories, USDA will consider 

the availability of Qualified Biobased 

Products and the economic and 

technological feasibility of using such 

products, including price. USDA will 

gather information on individual 

Qualified Biobased Products within a 

category and extrapolate that 

information to the category level for 

consideration in designating product 

categories. 

(2) In designating product categories 

for the BioPreferred Program, USDA 

will consider as eligible only those 

products that use innovative approaches 

in growing, harvesting, sourcing, 

procuring, processing, manufacturing, 

or application of the Biobased Product. 

USDA will consider products that meet 

one or more of the criteria in 

§ 4270.4(b)(1) and (2) to be eligible for 

the BioPreferred Program. USDA will 

also consider other documentation of 

innovative approaches in growing, 

harvesting, sourcing, procuring, 

processing, manufacturing, or 

application of Biobased Products on a 

case-by-case basis. 

§ 4270.7 Determining Biobased Content. 

(a) Certification requirements. For any 

Biobased Product seeking to participate 

in the BioPreferred Program, 

prospective Participating Organizations 

must submit an application as specified 

in § 4270.9 and confirm that the product 

meets the Applicable Minimum 

Biobased Content requirements and the 

definition for the Defined Product 

Category within which the Biobased 

Product falls. Paragraph (c) of this 

section addresses how to determine 

Biobased Content. Upon request, 

manufacturers and vendors must 

provide USDA and Federal agencies 

information to verify Biobased Content 

claims for Qualified Biobased Products. 

(b) Minimum Biobased Content. 

Unless specified otherwise in the 

designation of a particular product 

category, the minimum Biobased 

Content requirements in a specific 

category designation refer to the organic 

carbon portion of the product, and not 

the entire product. 

(c) Determining Biobased Content. 

Verification of Biobased Content must 

be based on third party ASTM/ISO 

compliant test facility testing using the 

ASTM Standard Method D6866 

(Standard Test Methods for Determining 

the Biobased Content of Solid, Liquid, 

and Gaseous Samples Using 

Radiocarbon Analysis). ASTM Standard 

Method D6866 determines Biobased 

Content based on the amount of 

biobased carbon in the product as a 

percent of the weight (mass) of the total 

organic carbon in the product. 

(1) General. Biobased Content will be 

based on the amount of biobased carbon 

in the product as a percent of the weight 


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(mass) of the total organic carbon in the 

product. 

(2) Complex Assemblies—(i) 

Equation. The Biobased Content of a 

Complex Assembly product, where the 

product has n components whose 

Biobased Content and organic carbon 

content can be experimentally 

determined, may be calculated using the 

following equation: 

Where: 

Mi = mass of the ith component 

BCCi = biobased carbon content of the ith 

component (%) 

OCCi = organic carbon content of the ith 

component (%) 

(ii) Proportional sampling. The 

Biobased Content of an Assembly 

product may be determined by subsampling (by weight) each organic 

constituent in a proportion 

representative of its content within the 

assembly and combining the subsamples into a measurable quantity so 

that a single ASTM D6866 analysis of 

the combined sub-samples is 

representative of the assembly. 

(d) Products and Intermediate 

Ingredients or Feedstocks with the same 

formulation. In the case of products and 

Intermediate Ingredients or Feedstocks 

that are essentially the same formulation 

but marketed under more than one 

brand name, Biobased Content test data 

may be shared as specified in 

paragraphs (d)(1) and (2) of this section. 

(1) Test exemptions. In situations 

where a new product for which 

certification is sought is composed of 

the same Ingredients and has the same 

Biobased Content as a product that has 

already been certified and tested by a 

company that the interested party has a 

direct relationship with, the interested 

party may apply for a test exemption by 

referencing the Certified Application of 

the certified Parent Product in lieu of 

having the new product undergo 

Biobased Content Testing using ASTM 

D6866. 

(2) Families. In situations where a 

Participating Organization is seeking 

certification for two or more products 

that are composed of the same 

Ingredients and have the same Biobased 

Content but are marketed for different 

uses or under more than one brand 

name, the products may be grouped in 

a family. Biobased Content test data 

must only be obtained for one of the 

products in the family, and the test data 

will apply to all products within the 

family. 

§ 4270.8 [Reserved] 

§ 4270.9 Initial approval process. 

(a) Application. Prospective 

Participating Organizations seeking 

USDA approval to use the USDA 

Certified Biobased Product Label and to 

become qualified for preferred Federal 

procurement for an eligible Biobased 

Product must submit an application for 

each Biobased Product or product 

family. USDA has developed a 

standardized application form that must 

be used. The standardized application 

form and instructions are available on 

the BioPreferred Program website 

(biopreferred.gov). The contents of an 

acceptable application are as specified 

in paragraphs (a)(1) and (2) of this 

section. 

(1) General content. The applicant 

must provide the information as 

specified in paragraphs (a)(1)(i) though 

(viii) of this section. 

(i) Contact information, including the 

name, mailing address, email address, 

and telephone number of the applicant. 

(ii) The product’s brand name(s) or 

other identifying information. 

(iii) Intended uses of the product. 

(iv) The biobased source(s) of the raw 

materials used in the product. 

(v) Information to document that one 

or more of the Innovative Criteria 

specified in § 4270.4(c) has been met. 

(vi) The corresponding Designated 

Product Category classification for 

preferred Federal procurement. 

(vii) The estimated Biobased Content 

of the product. 

(viii) A web link directly to the 

applicant’s website (if available). 

(2) Commitments. The applicant must 

verify in the application that the 

product for which use of the USDA 

Certified Biobased Product Label is 

sought is a Biobased Product as defined 

in § 4270.2. The applicant must also 

agree to statements in the application 

that commit the applicant to submitting 

to USDA the information specified in 

paragraphs (a)(1)(i) through (viii) of this 

section, some of which USDA will post 

to the BioPreferred Program website 

(biopreferred.gov), and to providing 

USDA with up-to-date information on 

this website. 

(b) Evaluation of applications—(1) 

Initial evaluation. USDA will evaluate 

each application to determine if it 

contains the information specified in 

paragraph (a) of this section and to 

determine compliance with the criteria 

specified in § 4270.4. If USDA 

determines that the application is 

incomplete, USDA will contact the 

applicant via email with an explanation 

of the application’s deficiencies. Once 

the deficiencies have been addressed, 

the applicant may respond to USDA 

with an explanation of how the 

application’s deficiencies were 

addressed for re-evaluation by USDA, 

and USDA will update the application 

as needed. If the applicant does not 

provide a response within 90 Days, 

USDA will make the application 

inactive. 

(2) Prequalification. (i) USDA will 

provide a written response to each 

applicant as quickly as practicable, but 

no later than 90 Days after the receipt 

of a complete application, depending on 

the responsiveness of the applicant. The 

written response will inform the 

applicant of whether the application has 

been conditionally approved, or 

prequalified, to move forward to 

Biobased Content Testing, or has been 

disapproved. After notification that the 

application has been conditionally 

approved, if any of the information 

specified in paragraphs (a)(1)(i) through 

(viii) of this section has changed, the 

applicant must provide updates to 

USDA (for posting by USDA on the 

BioPreferred Program website). 

(ii) For those applications that are 

conditionally approved to move 

forward, Biobased Content Testing must 

be completed as described in § 4270.7. 

Test results obtained prior to the 

application being conditionally 

accepted or obtained in a manner that 

does not comply with this part cannot 

be accepted. 

(iii) After Biobased Content Testing 

has been completed, USDA will 

evaluate the results and determine if the 

product meets the criteria described in 

§ 4270.4(b). For those applications that 

meet the criteria described in 

§ 4270.4(b), USDA will issue a notice of 

certification, as specified in paragraph 

(c) of this section. A notice of 

certification must be issued before the 

use of the USDA Certified Biobased 

Product Label can begin. 

(iv) For those applications that are 

disapproved, USDA will inform the 

applicant in writing of each criterion 

not met. 


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(c) Notice of certification. Once USDA 

confirms that the test results document 

an acceptable Biobased Content, USDA 

will issue a notice of certification to the 

applicant that includes the date of 

certification, name of the product(s) 

covered by the certification, and 

certified Biobased Content of the 

product(s). Upon receipt of a notice of 

certification, the applicant may begin 

using the USDA Certified Biobased 

Product Label on the Certified Biobased 

Product and may advertise that the 

product is a Certified Biobased Product. 

Paragraph (c)(1) of this section presents 

the procedures for revising the 

information provided under paragraphs 

(a)(1)(i) through (viii) of this section 

after a notice of certification has been 

issued. 

(1) If at any time, during the 

application process or after a product 

has been certified, any of the 

information specified in paragraphs 

(a)(1)(i) through (viii) of this section 

changes, the applicant must notify 

USDA of the change within 30 Days. 

Such notification must be provided in 

writing via email to USDA. Failure to 

notify USDA of any change made to a 

Certified Biobased Product may result in 

the violation actions described in 

§ 4270.12. 

(2) After receiving the notice of 

certification, the Participating 

Organization may request to display a 

Biobased Content percentage that is 

lower than the content measured by the 

ASTM D6866 test results but is greater 

than or equal to the applicable category 

minimums. Such requests must be sent 

in writing via email to USDA and must 

be approved by USDA. 

(3) If, after reviewing the test results, 

USDA determines that the product does 

not meet the Applicable Minimum 

Biobased Content, USDA will issue a 

notice of denial of certification and will 

inform the applicant in writing via 

email of each criterion not met. 

(d) Term of certification—(1) General. 

The effective date of certification is 

included in the notice of certification 

from USDA. Except as specified in 

paragraphs (d)(1)(iii) and (iv) and (d)(2) 

through (4) of this section, certifications 

will remain in effect for five years. The 

applicant will be notified 90 Days before 

the certification expires, at which time, 

the product must be re-tested in 

accordance with the procedure as 

specified in § 4270.7. 

(i) If the certification is not renewed 

within the 90 Days, the product 

certification will expire, the product 

will no longer be a Certified Biobased 

Product, and the product information 

will be removed from the BioPreferred 

Program website (biopreferred.gov). 

(ii) If a Participating Organization 

whose product certification has expired 

wishes to renew the certification, the 

participant must follow the procedures 

required for original certification. 

(iii) All certifications are subject to 

periodic USDA auditing activities, as 

described in § 4270.15. If a Participating 

Organization fails to participate in such 

audit activities or if such audit activities 

reveal Biobased Content violations, as 

specified in § 4270.12, the certification 

will be subject to suspension and 

revocation according to the procedures 

specified in § 4270.12(c)(3). 

(iv) If USDA discovers that a 

certification has been issued for an 

ineligible product as a result of errors on 

the part of USDA during the approval 

process, USDA will notify the 

Participating Organization in writing 

that the certification is revoked effective 

30 Days from the date of the notice. 

(2) Reformulations. If at any time 

during the term of certification a 

Certified Biobased Product is 

reformulated, the participant must 

notify USDA of the change. USDA will 

consider the changes and inform the 

participant if re-testing is required as 

specified in paragraphs (d)(2)(i) through 

(iii) of this section. 

(i) If the product formulation or raw 

materials of a Certified Biobased 

Product are changed such that the 

Biobased Content of the product is 

reduced to a level below that reported 

in the Certified Application, the existing 

certification will no longer be valid for 

the product under these revised 

conditions and the Participating 

Organization and its Designated 

Representatives must discontinue 

affixing the USDA Certified Biobased 

Product Label to the product and must 

not initiate any further advertising of 

the product using the USDA Certified 

Biobased Product Label. USDA will 

consider a product under such revised 

conditions to be a reformulated product, 

and the Participating Organization must 

submit a new application for 

certification using the procedures 

specified in paragraph (a) of this 

section. 

(ii) If the product formulation of a 

Certified Biobased Product is changed 

such that the Biobased Content of the 

product is increased from the level 

reported in the Certified Application, 

and the raw materials are not 

significantly changed, the existing 

certification will continue to be valid for 

the product. 

(iii) If the applicable required 

minimum Biobased Content for a 

product to participate in the 

BioPreferred Program is revised by 

USDA, Participating Organizations must 

follow the requirements specified in 

§ 4270.6(a)(3). 

(3) Test exemptions. For those 

products that are exempt from Biobased 

Content Testing as described in 

§ 4270.7, the test exempt certification 

will expire at the same time as the 

Certified Application of the Parent 

Product. 

(4) Special considerations. (i) For 

those Participating Organizations who 

have Qualified Biobased Products that 

are not certified as of January 8, 2025. 

USDA will solicit Biobased Content test 

data obtained using the ASTM D6866 

test method. Participants who provide 

USDA with ASTM D6866 test data that 

has been obtained within the past five 

years from January 8, 2025 and whose 

products meet the requirements as 

described in § 4270.4 will receive 

certification for their products covered 

by the test data. The term of certification 

as described in paragraph (d)(1) of this 

section will then apply. 

(ii) Participants who have Qualified 

Biobased Products that are not certified 

as of January 8, 2025 and do not provide 

recent ASTM D6866 test results within 

three years of the publication of this 

rule will be required to have their 

products tested and certified as 

described in § 4270.7. If certification is 

not completed within three years of the 

publication of this rule, these Biobased 

Products will no longer be listed as 

Qualified Biobased Products on the 

BioPreferred Program’s website 

(biopreferred.gov) and will be removed 

from the BioPreferred Program’s website 

(biopreferred.gov). 

(iii) For those participants who have 

Certified Biobased Products that have 

been certified for more than five years 

as of the date of publication of this rule, 

USDA will require that the certification 

be renewed as described in paragraph 

(d)(1) of this section within three years 

of January 8, 2025. If an application for 

renewal is not completed within three 

years, the product certification will 

expire, the product will no longer be a 

Certified Biobased Product, and the 

product information will be removed 

from the BioPreferred Program website 

(biopreferred.gov). 

§ 4270.10 [Reserved] 

§ 4270.11 Requirements associated with 

promotional certification materials. 

(a) How participation in the 

BioPreferred Program can be promoted. 

Guidance on promoting participation in 

the BioPreferred Program is provided in 

paragraphs (a)(1) and (2) of this section. 

USDA will evaluate additional requests 

for uses of promotional materials or 

references to the Program and will offer 


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guidance on the BioPreferred Program 

website (biopreferred.gov). 

(1) Participating Organizations. Only 

Participating Organizations that have 

received a notice of certification, or 

Designated Representatives of the 

Participating Organization, may utilize 

certification materials provided by the 

BioPreferred Program. A Participating 

Organization that has received a notice 

of certification for a product under this 

part: 

(i) May use the USDA Certified 

Biobased Product Label (in one of the 

approved variations, as applicable) on 

the product, its packaging, and other 

related materials including, but not 

limited to, advertisements, catalogs, 

specification sheets, procurement 

sheets, procurement databases, 

promotional material, websites, or user 

manuals for that product, according to 

the requirements set forth in this 

section. 

(ii) Is responsible for the manner in 

which the USDA Certified Biobased 

Product Label is used by its companies, 

as well as its Designated 

Representatives, including advertising 

agencies, marketing and public relations 

firms, and subcontractors. 

(2) Other Entities. Other Entities who 

have entered into a partnership 

agreement with USDA may use the 

BioPreferred Program’s promotional 

certification materials to advertise or 

promote Certified Biobased Products in 

materials including, but not limited to, 

advertisements, catalogs, procurement 

databases, websites, and promotional 

and educational materials. Other 

Entities may use: 

(i) The Certification Icon; 

(ii) The phrase ‘‘USDA Certified 

Biobased Product/Package/Product & 

Package,’’ as applicable; and 

(iii) The BioPreferred Program name 

in general statements as described in 

paragraph (b) of this section, as long as 

the statements do not imply that a noncertified product is certified or endorsed 

by USDA. 

(b) Correct usage of the USDA 

Certified Biobased Product Label and 

other promotional certification 

materials. (1) The USDA Certified 

Biobased Product Label can be affixed 

only to Certified Biobased Products and 

their associated packaging. 

(2) The USDA Certified Biobased 

Product Label may be used in material 

including, but not limited to, 

advertisements, catalogs, procurement 

databases, websites, and promotional 

and educational materials to distinguish 

certified products from those that are 

not certified. The USDA Certified 

Biobased Product Label may be used in 

advertisements for both Certified 

Biobased Products and non-certified/ 

labeled products if the advertisement 

clearly indicates which products are 

certified/labeled. Care must be taken to 

avoid implying that any non-certified 

products are certified. 

(3) When educating the public about 

the USDA Certified Biobased Product 

Label, the watermarked sample version 

of the USDA Certified Biobased Product 

Label may be used without reference to 

a specific Biobased Product. For 

example, the following or similar claims 

are acceptable: ‘‘Look for the ‘USDA 

Certified Biobased Product Label. It 

means that the product meets USDA 

standards for the minimum amount of 

Biobased Content and the manufacturer 

or vendor has provided relevant 

information on the product to be posted 

on the BioPreferred Program website 

(biopreferred.gov).’’ This exception 

allows Participating Organizations or 

Other Entities to use a sample USDA 

Certified Biobased Product Label in 

documents such as corporate reports, 

but only in an informative manner, not 

as a statement of product certification. 

(4) The USDA Certified Biobased 

Product Label may appear next to a 

picture of the Certified Biobased 

Product(s) or text describing it. 

(5) The USDA Certified Biobased 

Product Label must stand alone and not 

be incorporated into any other 

certification mark or logo designs. 

(6) The USDA Certified Biobased 

Product Label may be embossed, 

stamped, or used as a watermark 

provided the use does not violate any 

BioPreferred Program brand standards 

or usage restrictions specified in this 

part. 

(7) The text portion of the USDA 

Certified Biobased Product Label must 

be written in English and may not be 

translated, even when the certification 

mark is used outside of the United 

States. 

(c) Incorrect usage of the USDA 

Certified Biobased Product Label and 

other promotional certification 

materials. (1) The USDA Certified 

Biobased Product Label will not be used 

on any product that has not been 

certified by USDA as a ‘‘USDA Certified 

Biobased Product.’’ 

(2) The USDA Certified Biobased 

Product Label will not be used in a way 

that does not maintain the integrity of 

the label and the BioPreferred Program. 

(3) The word ‘‘BioPreferred’’ will not 

be used as a descriptor for anything 

other than the Program, including but 

not limited to products, categories, and 

companies. The BioPreferred Program 

name, the word ‘‘BioPreferred,’’ and the 

phrase ‘‘USDA Certified Biobased 

Product’’ are not interchangeable. For 

example, certified products may not be 

referenced as being ‘‘BioPreferred 

products.’’ 

(4) The USDA Certified Biobased 

Product Label will not be used on any 

advertisements or informal materials 

where both Certified Biobased Products 

and non-certified products are shown 

unless it is clear that the USDA Certified 

Biobased Product Label applies to only 

the Certified Biobased Product(s). 

(5) The BioPreferred Program name 

and the USDA Certified Biobased 

Product Label will not be used to imply 

endorsement by USDA or the 

BioPreferred Program of any particular 

product, service, or company. 

(6) The BioPreferred Program name 

and the USDA Certified Biobased 

Product Label will not be used in any 

form that could be misleading to the 

consumer. 

(7) The BioPreferred Program name 

and the USDA Certified Biobased 

Product Label will not be used by 

manufacturers or vendors of Certified 

Biobased Products in a manner 

disparaging to USDA or any other 

government body. 

(8) The BioPreferred Program name, 

the word ‘‘BioPreferred,’’ the USDA 

Certified Biobased Product Label, and 

the Certification Icon will not be altered 

or incorporated into other label or logo 

designs. 

(9) The USDA Certified Biobased 

Product Label will not be used on 

business cards, company letterhead, 

company stationary, or email signatures. 

(10) The BioPreferred Program name, 

the word ‘‘BioPreferred,’’ the USDA 

Certified Biobased Product Label, and 

the Certification Icon will not be used 

in, or as part of, any company name, 

logo, product name, service, or website, 

except as may be provided for in this 

part. 

(11) The BioPreferred Program name, 

the word ‘‘BioPreferred,’’ the USDA 

Certified Biobased Product Label, and 

the Certification Icon will not be used 

in a manner that violates any of the 

applicable requirements contained in 

this part. 

(d) Imported products. The USDA 

Certified Biobased Product Label can be 

used only with a product that is 

certified by USDA under this part. The 

USDA Certified Biobased Product Label 

cannot be used to imply that a product 

meets or exceeds the requirements of 

biobased programs in other countries. 

Products imported for sale in the U.S. 

must adhere to the same guidelines as 

U.S. sourced Biobased Products. Any 

product sold in the U.S. as a ‘‘USDA 

Certified Biobased Product/Package/ 

Product & Package’’ must have received 

certification from USDA. 


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(e) Elements of the USDA Certified 

Biobased Product Label. The USDA 

Certified Biobased Product Label will 

consist of the Certification Icon, the 

Biobased Content percentage, the letters 

‘‘FP’’ to indicate that the product is 

qualified for preferred Federal 

procurement, and one of the three 

variations of text specified in 

paragraphs (e)(1) through (3) of this 

section, as applicable. 

(1) USDA Certified Biobased Product: 

Product. 

(2) USDA Certified Biobased Product: 

Package. 

(3) USDA Certified Biobased Product: 

Product & Package. 

(f) Physical aspects of the USDA 

Certified Biobased Product Label. The 

USDA Certified Biobased Product Label 

elements may not be altered, cut, 

separated into components, or distorted 

in appearance or perspective. The 

USDA Certified Biobased Product Label 

must appear only in the colors specified 

in paragraphs (f)(1) and (2) of this 

section unless approval is given by 

USDA for an exception. 

(1) A multi-color version of the USDA 

Certified Biobased Product Label is 

preferred. The USDA Certified Biobased 

Product Label colors to be applied will 

be stipulated in the ‘‘USDA BioPreferred 

Program Brand and Marketing 

Guidelines’’ document available on the 

BioPreferred Program website 

(biopreferred.gov). 

(2) Black or white outline versions of 

the USDA Certified Biobased Product 

Label are acceptable. 

(g) Placement of the USDA Certified 

Biobased Product Label. (1) The USDA 

Certified Biobased Product Label can 

appear directly on a product, its 

associated packaging, in user manuals, 

and in other materials including, but not 

limited to, advertisements, catalogs, 

procurement databases, and 

promotional and educational materials. 

(2) The USDA Certified Biobased 

Product Label will not be placed in a 

manner that is ambiguous about which 

product is a Certified Biobased Product 

or that could indicate certification of a 

non-certified product. 

(3) When used to distinguish a 

Certified Biobased Product in material 

including, but not limited to, 

advertisements, catalogs, procurement 

databases, websites, and promotional 

and educational materials, the USDA 

Certified Biobased Product Label must 

appear near a picture of the product or 

text describing it. 

(i) If all products on a page are 

Certified Biobased Products with the 

same Biobased Content percentage, the 

USDA Certified Biobased Product Label 

may be placed anywhere on that page. 

(ii) If a page contains a mix of 

Certified Biobased Products and noncertified Biobased Products, the USDA 

Certified Biobased Product Label will be 

placed in close proximity to the 

Certified Biobased Products. An 

individual USDA Certified Biobased 

Product Label near each Certified 

Biobased Product may be necessary to 

avoid confusion. 

(h) Minimum size and clear space 

requirements for the USDA Certified 

Biobased Product Label. (1) The USDA 

Certified Biobased Product Label may be 

sized to fit the individual application as 

long as the correct proportions are 

maintained, and all elements of the 

USDA Certified Biobased Product Label 

remain legible. 

(2) The USDA Certified Biobased 

Product Label must be surrounded by a 

border of clear space that must be of 

sufficient width to offset it from 

surrounding images and text to avoid 

confusion. If a one-color outline version 

of the USDA Certified Biobased Product 

Label is used, the USDA Certified 

Biobased Product Label must appear on 

a solid background that is a contrasting 

color. 

(i) Where to obtain copies of the 

promotional certification materials. The 

USDA Certified Biobased Product Label 

and other associated promotional 

materials including the USDA 

BioPreferred Program Brand and 

Marketing Guidelines are available at 

the BioPreferred Program website 

(biopreferred.gov). 

§ 4270.12 Violations of program 

requirements. 

This section identifies the types of 

actions that USDA considers violations 

under this part and the penalties (e.g., 

the suspension or revocation of 

certification) associated with such 

violations. 

(a) General. Violations under this 

section occur on a per product basis and 

the penalties are to be applied on a per 

product basis. Entities cited for a 

violation under this section may appeal 

using the provisions in § 4270.13. If 

certification for a product is revoked, 

the Participating Organization whose 

certification has been revoked may seek 

re-certification for the product specified 

under the provisions in § 4270.9. 

(b) Types of violations. Actions that 

will be considered violations of this part 

include, but are not limited to, the 

examples as described in paragraphs 

(b)(1) through (4) of this section: 

(1) Biobased Content violations. 

USDA reserves the right to request 

occasional testing of Certified Biobased 

Products without notice to compare the 

Biobased Content of the tested product 

with the product’s Applicable Minimum 

Biobased Content and the Biobased 

content reported in its Certified 

Application. Such testing will be 

conducted using ASTM Method D6866 

in accordance with the procedures 

discussed in § 4270.7. 

(i) If the testing shows that the 

Biobased Content of a Certified 

Biobased Product is less than its 

Applicable Minimum Biobased Content, 

then a violation of this part will have 

occurred. 

(ii) If the testing shows that the 

Biobased Content is less than that 

reported in the product’s Certified 

Application but is still equal to or 

greater than its Applicable Minimum 

Biobased Content(s), USDA will provide 

written notification to the Participating 

Organization. The participant must 

submit, within 90 Days from receipt of 

USDA written notification, a new 

application for the lower Biobased 

Content. Failure to submit a new 

application within 90 Days will be 

considered a violation of this part. 

(A) The participant can submit a new 

application to use the Biobased Content 

reported to it by USDA in the written 

notification. 

(B) Alternatively, the participant may 

submit a new application and elect to 

retest the product in question. If the 

participant elects to retest the product, 

it must test a sample of the current 

product, and the procedures in § 4270.9 

must be followed. USDA reserves the 

right to select the sample that will be 

submitted for retesting. 

(2) USDA Certified Biobased Product 

Label violations. (i) Any usage or 

display of the USDA Certified Biobased 

Product Label that does not conform to 

the requirements specified in § 4270.10. 

(ii) Affixing the USDA Certified 

Biobased Product Label to any product 

prior to issuance of a notice of 

certification from USDA. 

(iii) Affixing the USDA Certified 

Biobased Product Label to a Certified 

Biobased Product during periods when 

certification has been suspended or 

revoked. 

(iv) Using an image or icon other than 

the official USDA Certified Biobased 

Product Label in association with 

certification claims. 

(3) Application violations. Knowingly 

providing false or misleading 

information in any application for 

certification of a Biobased Product. 

(4) BioPreferred Program website 

violations. Failure to provide USDA 

with updated information when the 

information for a Certified Biobased 

Product becomes outdated or when new 

information for a Certified Biobased 

Product becomes available. 


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(c) Noncompliance and escalation of 

actions. Any identified violations as 

described in paragraphs (b)(1) through 

(4) are considered noncompliance with 

this part. USDA will respond to 

noncompliance through actions that 

include, but are not limited to, the 

examples as described in paragraphs 

(c)(1) through (4). 

(1) Noncompliance. USDA will 

provide the applicable Participating 

Organization and any Other Entity 

involved, as known to USDA, written 

notification of any noncompliance 

identified by USDA, as well as actions 

that should be taken to resolve the 

noncompliance. USDA may remove the 

product or company information from 

the BioPreferred Program website 

(biopreferred.gov) until the 

noncompliance is corrected. If 

satisfactory resolution of the 

noncompliance is not reached, USDA 

will consider the noncompliance to be 

a violation of this part and may pursue 

further action as discussed in 

paragraphs (c)(2) through (4) of this 

section. 

(2) Violation. USDA will first issue a 

notice of violation. Entities who receive 

a notice of violation for any violation 

must correct the violation(s) within 30 

Days from receipt of the notice of 

violation. If the entity receiving a notice 

of violation is a Participating 

Organization, USDA will also issue 

notices of suspensions and revocations, 

as discussed in paragraph (c)(3) of this 

section. USDA reserves the right to 

further pursue action against these 

entities as provided in paragraph (c)(4) 

of this section. If the entity receiving a 

notice of violation is an Other Entity 

(i.e., not a Participating Organization), 

then USDA may pursue action 

according to paragraph (c)(4) of this 

section. 

(3) Suspension and Revocation. (i) If 

a violation is applicable to a 

Participating Organization and the 

participant fails to make the required 

corrections within 30 Days of receipt of 

a notice of violation, USDA will notify 

the participant, via email and certified 

mail as appropriate, of the continuing 

violation, and the certification for that 

product will be suspended. As of the 

date that the participant receives a 

notice of suspension, the participant 

and their Designated Representatives 

must not affix the USDA Certified 

Biobased Product Label to any of that 

product or associated packaging not 

already labeled and must not distribute 

any additional products bearing the 

USDA Certified Biobased Product Label. 

USDA will both remove the product 

information from the BioPreferred 

Program website (biopreferred.gov) and 

actively communicate the product 

suspension to buyers in a timely and 

overt manner. 

(ii) If, within 30 Days from receipt of 

the notice of suspension, the participant 

whose USDA product certification has 

been suspended makes the required 

corrections and notifies the USDA that 

the corrections have been made, the 

participant and their Designated 

Representatives may, upon receipt of 

USDA approval of the corrections, 

resume use of the USDA Certified 

Biobased Product Label. USDA will also 

restore the product information to the 

BioPreferred Program website 

(biopreferred.gov). 

(iii) If, following the 30-Day period, 

the participant does not make the 

required corrections, the certification for 

that product will be revoked. As of that 

date, the participant must not affix the 

USDA Certified Biobased Product Label 

to any of that product not already 

labeled. In addition, the participant and 

their Designated Representatives are 

prohibited from further sales of the 

product to which the USDA Certified 

Biobased Product Label is affixed, and 

the product will no longer be listed on 

the BioPreferred Program website 

(biopreferred.gov) as a product qualified 

for preferred Federal procurement. 

(iv) If a participant whose product 

certification has been revoked wishes to 

participate in the BioPreferred Program 

again, the participant must follow the 

procedures required for the original 

certification specified in § 4270.9. 

(4) Other remedies. In addition to the 

suspension or revocation of the product 

certification, depending on the nature of 

the violation, USDA may pursue 

suspension or debarment of the entities 

involved in accordance with 2 CFR part 

417 and 48 CFR subpart 9.4. USDA 

further reserves the right to pursue any 

other remedies available by law, 

including any civil or criminal 

remedies, against any entity that 

violates the provisions of this part. 

§ 4270.13 Appeal process. 

Participating Organizations whose 

product certification has been revoked 

may appeal to USDA. 

(a) Filing an appeal. (1) Appeals to the 

Agency must be filed within 30 Days of 

receipt by the appellant of a notice of 

suspension and revocation. Appeals 

must be filed in writing via email to the 

BioPreferred Program’s email address as 

noted on the BioPreferred Program 

website (biopreferred.gov). 

(2) All appeals must include a copy of 

the adverse decision and a statement of 

the appellant’s reasons for believing that 

the decision was not made in 

accordance with the applicable Program 

regulations, policies, or procedures, or 

otherwise was not proper. 

(b) Reviewing appeals. (1) If USDA 

sustains a Participating Organization’s 

appeal of a notice of suspension and 

revocation, the participant and its 

Designated Representative(s) may 

immediately resume affixing the USDA 

Certified Biobased Product Label to the 

Certified Biobased Product and sell and 

distribute the Certified Biobased 

Product with the USDA Certified 

Biobased Product Label. In addition, 

USDA will reinstate the product’s 

information to the BioPreferred Program 

website (biopreferred.gov). 

(2) If USDA denies a participant’s 

appeal of a notice of suspension and 

revocation, then the notice of 

suspension and revocation stands. 

(c) Appeals of decisions made on 

appeals. Appeals of any of the 

BioPreferred Program’s decisions may 

be made to the Rural BusinessCooperative Service Administrator. 

Appeals must be made, in writing, 

within 30 Days of receipt of USDA’s 

decision and addressed to: Rural 

Business-Cooperative Service 

Administrator, 1400 Independence 

Avenue SW, Washington, DC 20250– 

1522 STOP 3250. If the Rural BusinessCooperative Service Administrator 

sustains an appeal, the provisions of 

paragraph (b) of this section will apply. 

§ 4270.14 Reporting and recordkeeping. 

(a) Providing product information to 

Federal agencies—(1) Informational 

website. An informational USDA 

website implementing section 9002 of 

FSRIA can be found at: biopreferred.gov. 

USDA will maintain a web-based 

information site for participating 

originations with Certified Biobased 

Products and Federal agencies to 

exchange information, as described in 

paragraphs (a)(1)(i) through (iv) of this 

section as applicable. 

(i) Product information. The website 

will, as determined to be necessary by 

the Secretary based on the availability of 

data, provide the information specified 

in § 4270.9. USDA encourages Federal 

agencies to utilize this website to obtain 

current information on designated 

categories, contact information for 

Participating Organizations, and access 

to information on product 

characteristics relevant to procurement 

decisions. In addition to any 

information provided on the website, 

participants are expected to provide 

relevant information to Federal 

agencies, subject to the limitations 

specified in paragraph (a)(1)(ii) of this 

section, with respect to product 

characteristics, including verification of 

such characteristics if requested. 


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(ii) Providing information on price 

and environmental and health benefits. 

Federal agencies may not require 

Participating Organizations with 

Certified Biobased Products to provide 

procuring agencies with more data than 

would be required of other 

manufacturers or vendors offering 

products for sale to a Procuring Agency 

(aside from data confirming the 

Biobased Contents of the products) as a 

condition of the purchase of Biobased 

Products from the participant. USDA 

encourages industry Stakeholders to 

provide information on environmental 

and public health benefits based on 

industry accepted analytical approaches 

including, but not limited to, material 

carbon footprint analysis, the 

International Standards Organization 

(ISO) 14040, the ASTM International 

life-cycle cost method (E917) and multiattribute decision analysis (E1765), and 

the British Standard Institution PAS 

2050. USDA will make such 

Stakeholder-supplied information 

available on the BioPreferred Program 

website (biopreferred.gov). 

(iii) Industry standards test 

information. The product information 

will include any relevant industry 

standard test information as supplied by 

the participant. In assessing 

performance of a Certified Biobased 

Product, USDA requires that procuring 

agencies rely on results of performance 

tests using applicable ASTM, ISO, 

Federal or military specifications, or 

other similarly authoritative industry 

test standards. Such testing may be 

conducted by a laboratory compliant 

with the requirements of the standards 

body. The procuring official will decide 

whether performance data must be 

brand-name specific in the case of 

products that are essentially of the same 

formulation. 

(iv) Biodegradability information. If 

Biodegradability is claimed by a 

participant with a Certified Biobased 

Product as a characteristic of that 

product, USDA requires that, if 

requested by procuring agencies, these 

claims be verified using the appropriate, 

product-specific ASTM Biodegradability 

standard(s). Such testing must be 

conducted by an ASTM/ISO-compliant 

laboratory. The procuring official will 

decide whether Biodegradability data 

must be brand-name specific in the case 

of products that are essentially of the 

same formulation. ASTM 

Biodegradability standards include: 

(A) D5338 (Standard Test Method for 

Determining Aerobic Biodegradation of 

Plastic Materials Under Controlled 

Composting Conditions); 

(B) D5864 (Standard Test Method for 

Determining the Aerobic Aquatic 

Biodegradation of Lubricants or Their 

Components); 

(C) D5988 (Standard Test Method for 

Determining Aerobic Biodegradation of 

Plastic Materials in Soil); 

(D) D6006 (Standard Guide for 

Assessing Biodegradability of Hydraulic 

Fluids); 

(E) D6400 (Standard Specification for 

Compostable Plastics) and the standards 

cited therein; 

(F) D6139 (Standard Test Method for 

Determining the Aerobic Aquatic 

Biodegradation of Lubricants of Their 

Components Using the Gledhill Shake 

Flask); 

(G) D6868 (Standard Specification for 

Biodegradable Plastics Used as Coatings 

on Paper and Other Compostable 

Substrates); and 

(H) D7081 (Standard Specification for 

Non-Floating Biodegradable Plastics in 

the Marine Environment). 

(2) Advertising, labeling, and 

marketing claims. Participating 

Organizations are reminded that their 

advertising, labeling, and other 

marketing claims, including claims 

regarding health and environmental 

benefits of the product, must conform to 

16 CFR part 260 (Federal Trade 

Commission Guides for the Use of 

Environmental Marketing Claims). For 

further requirements on marketing 

claims associated with the BioPreferred 

Program, refer to the ‘‘USDA 

BioPreferred Program Brand and 

Marketing Guidelines’’ found on the 

BioPreferred Program website 

(biopreferred.gov). 

(b) Records. Participating 

Organizations will maintain records 

documenting compliance with this part 

for each product that has received a 

notice of certification, as specified in 

paragraphs (b)(1) through (3) of this 

section. 

(1) The results of all tests, and any 

associated calculations, performed to 

determine the Biobased Content of the 

product. 

(2) The notice of certification from 

USDA, the dates of changes in 

formulation that affect the Biobased 

Content of Certified Biobased Products, 

and the dates when the Biobased 

Content of Certified Biobased Products 

were tested. 

(3) Documentation of analyses 

performed by participants to support 

claims of environmental or human 

health benefits, life cycle cost, 

sustainability benefits, and product 

performance made by the participant. 

(c) Record retention. For each 

Certified Biobased Product, records kept 

under paragraphs (a) and (b) of this 

section must be maintained for at least 

three years beyond the end of the 

certification period (i.e., three years 

beyond the date the product’s term of 

certification expires). Records may be 

kept in either electronic format or hard 

copy format. All records kept in 

electronic format must be readily 

accessible and/or provided by request. 

§ 4270.15 Oversight and monitoring. 

(a) General. USDA will conduct 

oversight and monitoring of 

Participating Organizations, Designated 

Representatives, and Other Entities 

involved with the BioPreferred Program 

to ensure compliance with this part. 

This oversight may include, but not be 

limited to, conducting facility visits to 

Participating Organizations that have 

Certified Biobased Products and their 

Designated Representatives. 

Participating Organizations are required 

to cooperate fully with all USDA audit 

efforts for the enforcement of the 

BioPreferred Program requirements. 

(b) Biobased Content Testing. USDA 

will conduct Biobased Content Testing 

of Certified Biobased Products as 

described in § 4270.12(b)(1) to ensure 

compliance with this part. 

(c) Inspection of records. Participating 

Organizations must allow Federal 

representatives access to the records 

required under § 4270.14 for inspection 

and copying during normal business 

hours. 

(d) Audits. USDA will conduct an 

annual desk audit on an ongoing basis 

to verify that the product and company 

information supplied by Participating 

Organizations remain valid. Through 

the BioPreferred Program website 

(biopreferred.gov), Participating 

Organizations will be asked to confirm 

that they still manufacture the product, 

that the formulation remains the same, 

and that the information described 

under § 4270.9(a)(1) remains valid. 

Participants may also be asked for 

additional supplemental information. 

(1) If a Participating Organization 

indicates that their product or company 

information needs to be updated during 

an annual desk audit, these updates will 

be incorporated into the BioPreferred 

Program website (biopreferred.gov). If it 

is indicated that a product is no longer 

manufactured, the product information 

will be removed from the BioPreferred 

Program website (biopreferred.gov). 

(2) If a Participating Organization fails 

to complete an annual desk audit, the 

participant will be considered to be in 

noncompliance with this part, and the 

Participating Organization and 

associated product information will be 

removed from the BioPreferred Program 

website (biopreferred.gov). USDA 

reserves the right to revoke product 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 97477 

certification for failure to participate in 

an audit. 

§ § 4270.16–4270.98 [Reserved] 

§ 4270.99 OMB control number. 

The information collection 

requirements in this part are approved 

by the Office of Management and 

Budget (OMB) and assigned OMB 

control number 0570–0083. 

Xochitl Torres Small, 

Deputy Secretary, United States Department 

of Agriculture. 

[FR Doc. 2024–28431 Filed 12–6–24; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

Rural Housing Service 

Rural Business-Cooperative Service 

7 CFR Part 5001 

[Docket No. RUS–19–Agency–0030] 

RIN 0572–AC56 

OneRD Guaranteed Loan Regulation 

AGENCY: Rural Business-Cooperative 

Service, Rural Housing Service, Rural 

Utilities Service, USDA. 

ACTION: Final rule, correction and 

correcting amendments. 

SUMMARY: On September 30, 2024, Rural 

Development’s Rural BusinessCooperative Service, Rural Housing 

Service, and Rural Utilities Service, 

agencies of the United States 

Department of Agriculture (USDA), 

published a final rule with comment for 

the OneRD Guarantee Loan Program 

(OneRD). The final rule made necessary 

revisions to the policy and procedures 

that strengthened the oversight and 

management of the growing Community 

Facilities, Water and Waste Disposal, 

Business and Industry, and Rural 

Energy for America guarantee portfolios. 

The final rule had a misspelled subject 

heading in the preamble. The final rule 

also contained information in an 

instruction that was not ultimately in 

the final rule, an incomplete definition 

of affiliate, and a misstatement 

regarding protective advances. This 

document corrects the final regulation. 

DATES: This rule is effective December 9, 

2024. 

ADDRESSES: Address all comments 

concerning this correction to Susan 

Woolard, Regulations Management 

Division, Rural Development Innovation 

Center, U.S. Department of Agriculture, 

1400 Independence Ave. SW, Stop 

1522, Washington, DC 20250; telephone 

(202) 720–9631; email susan.woolard@

usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Susan Woolard, Regulations 

Management Division, Rural 

Development Innovation Center, U.S. 

Department of Agriculture, 1400 

Independence Ave. SW, Stop 1522, 

Washington, DC 20250; telephone (202) 

720–9631; email susan.woolard@

usda.gov. 

SUPPLEMENTARY INFORMATION: Rural 

Development’s Rural BusinessCooperative Service, Rural Housing 

Service, and Rural Utilities Service are 

issuing corrections to the final rule that 

published September 30, 2024, at 89 FR 

79698. 

List of Subjects in 7 CFR Part 5001 

Business and industry, Community 

facility, Energy efficiency improvement, 

Loan programs, Renewable energy, 

Rural areas, Rural development, Water 

and waste disposal. 

In FR Doc. 2024–21920 published 

September 30, 2024, beginning on page 

79698, make the following corrections: 

■ 1. On page 79699, in the third column, 

item 11, the title is corrected to read 

‘‘11. § 5001.116 Ineligible CF Projects’’. 

■ 2. On page 79702, in the third column, 

item 39a, is corrected to read: 

■ a. § 5001.516(c) is updated to inform 

lenders that payment of real estate taxes 

is considered a protective advance but 

does not require advanced Agency 

approval. 

■ 3. On page 79704, in the third column, 

Instruction 4 for § 5001.3, is corrected 

by removing the words ‘‘commercially 

available’’. 

■ 4. On page 79711, in the second 

column, Instruction 14 is corrected to 

read: 

■ 14. Amend § 5001.106 by revising the 

first sentence of the introductory text, 

paragraphs (d)(2), (e)(2) and (e)(3) 

introductory text to read as follows: 

For the reasons discussed in the 

preamble, 7 CFR 5001 is corrected by 

making the following correcting 

amendments: 

PART 5001—GUARANTEED LOANS. 

■ 1. The authority citation for part 5001 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a); 

7 U.S.C. 1932(a); and 7 U.S.C. 8107. 

■ 2. Amend § 5001.3 by revising the 

definition of ‘‘affiliate’’ to read as 

follows: 

§ 5001.3 Definitions. 

* * * * * 

Affiliate means a person that is 

connected with or controlled by another 

organization. Factors such as 

ownership, management, current and 

previous relationships with or ties to 

another person, and contractual 

relationships, may be considered in 

determining whether affiliation exists. 

Affiliation is determined using the 

principles outlined in 13 CFR 

121.301(f). 

* * * * * 

■ 3. Amend § 5001.516 by revising 

paragraph (c) to read as follows: 

§ 5001.516 Protective advances. 

* * * * * 

(c) A lender must obtain written 

Agency approval for any protective 

advance that will cumulatively amount 

to more than $200,000, or 10 percent of 

the aggregate outstanding balance of 

principal and interest, whichever is less, 

to the same borrower. Payment of real 

estate taxes by the lender is considered 

a protective advance, subject to the 

requirements of this section, and does 

not require Agency advance approval. 

Basil I. Gooden, 

Deputy Under Secretary, Rural Development. 

[FR Doc. 2024–28031 Filed 12–6–24; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2129; Project 

Identifier MCAI–2024–00066–T; Amendment 

39–22889; AD 2024–23–10] 

RIN 2120–AA64 

Airworthiness Directives; ATR—GIE 

Avions de Transport Re ́gional 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

ATR—GIE Avions de Transport 

Re ́gional Model ATR42 and ATR72 

airplanes. This AD was prompted by a 

report that for airplanes converted from 

passenger to cargo configuration using 

certain supplemental type certificates, 

no height limitation for the cargo, when 

loaded in the cargo compartment, is 

defined, and that as a consequence, 

cargo might be loaded up to the ceiling 

of the cargo compartment. This AD 


ddrumheller on DSK120RN23PROD with RULES1