[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55540-55542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22564]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-19-0090; NOP-19-04]
National Organic Program: Request for an Extension of a Currently
Approved Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Agricultural Marketing Service's (AMS) intention
to request approval from the Office of Management and Budget, for an
extension of the currently approved information collection National
Organic Program (NOP) Reporting and Recordkeeping Requirements.
DATES: Comments received by December 16, 2019 will be considered.
ADDRESSES: Interested persons are invited to submit written comments
concerning this notice. Comments must be sent to Valerie Frances,
Agricultural Marketing Specialist, National Organic Program, AMS/USDA,
1400 Independence Ave. SW, Room 2642-S., Ag Stop 0268, Washington, DC
20250-0268 or by internet: http://www.regulations.gov. Written comments
responding to this notice should be identified with the document number
AMS-NOP-19-0090; NOP-19-04. It is USDA's intention to have all comments
concerning this notice, including names and addresses when provided,
regardless of submission procedure used, available for viewing on the
Regulations.gov (http://www.regulations.gov) internet site. Comments
submitted in response to this notice will also be available for viewing
in person at USDA-AMS, National Organic Program, Room 2624-South
Building, 1400 Independence Ave. SW, Washington, DC, from 9 a.m. to 12
noon and from 1:00 p.m. to 4 p.m., Monday through Friday (except
official Federal holidays). Persons wanting to visit the USDA South
Building to view comments received in response to this notice are
requested to make an appointment in advance by calling (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Paul I. Lewis, Ph.D., Director,
Standards Division, National Organic Program, USDA-AMS, 1400
Independence Ave. SW, Room 2642-So., Ag Stop 0268, Washington, DC
20250, Telephone: (202) 720-3252, Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
Title: National Organic Program.
OMB Number: 0581-0191.
Expiration Date of Approval: January 31, 2020.
Type of Request: Extension of a currently approved information
collection.
Abstract: The Organic Foods Production Act of 1990 (OFPA) as
amended (7 U.S.C. 6501-6522) mandates that the Secretary develop the
NOP to accredit eligible State program's governing State officials or
private persons as certifying agents who would certify producers or
handlers of agricultural products that have been produced using organic
methods as provided for in OFPA. The USDA organic regulation (7 CFR
part 205): (1) Established national standards governing the marketing
of certain agricultural products as organically produced products; (2)
assures consumers that organically produced products meet a consistent
standard; and (3) facilitates interstate commerce in fresh and
processed food that is organically produced.
Reporting and recordkeeping are essential to the integrity of the
organic certification system. A paper trail is a critical element in
carrying out the mandate of OFPA and NOP. Reporting and recordkeeping
serve the AMS mission, program objectives, and management needs by
providing information on the efficiency and effectiveness of the
program. The information affects decisions because it is the basis for
evaluating compliance with OFPA and NOP, for administering the program,
for management decisions and planning, and for establishing the cost of
the program. It supports administrative and regulatory actions in
response to noncompliance with OFPA and NOP.
[[Page 55541]]
In general, the information collected is used by USDA, State
program governing State officials, and certifying agents. It is created
and submitted by State and foreign program officials, peer review
auditors, accredited certifying agents, organic inspectors, certified
organic producers and handlers, those seeking accreditation or
certification, and parties interested in changing the National List of
Allowed and Prohibited Substances at sections 205.600 through 205.607.
Additionally, it causes most of these entities to have procedures and
space for recordkeeping.
USDA. USDA is the accrediting authority. USDA accredits domestic
and foreign certifying agents who certify domestic and foreign organic
producers and handlers, using information from the agents documenting
their business operations and program expertise. USDA also permits
States to establish their own state organic programs after the programs
are approved by the Secretary, using information from the States
documenting their ability to operate such programs and showing that
such programs meet the requirements of OFPA and NOP.
States. States may operate their own organic programs. State
officials obtain the Secretary's approval of their programs by
submitting information to USDA documenting their ability to operate
such programs and showing that such programs meet the requirements of
OFPA and NOP. The Secretary, or delegated representative, will review a
State organic program not less than once during each 5-year period
following the date of the initial program approval. To date, one State
organic program is approved by USDA.
Certifying agents. Certifying agents are State, private, or foreign
entities who are accredited by USDA to certify domestic and foreign
producers and handlers as organic in accordance with OFPA and NOP. Each
entity wanting to be an agent seeks accreditation from USDA, submitting
information documenting its business operations and program expertise.
Accredited certifying agents determine if a producer or handler meets
organic requirements, using detailed information from the operation
documenting its specific practices and on-site inspection reports from
organic inspectors. As of August 7, 2019, there are 78 certifying
agents accredited under NOP.
Administrative costs for reporting, disclosure of information, and
recordkeeping vary among certifying agents. Factors affecting costs
include the number and size of clients, the categories of certification
provided, and the type of systems maintained.
When an entity applies for accreditation as a certifying agent, it
must provide a copy of its procedures for complying with recordkeeping
requirements (Sec. 205.504(b)(3)). Once accredited, agents must make
their records available for inspection and copying by authorized
representatives of the Secretary (Sec. 205.501(a)(9)). USDA charges
certifying agents for the time required to do these document reviews.
Audits require less time when the documents are well organized and
centrally located.
Recordkeeping requirements for certifying agents are divided into
three categories of records with varying retention periods: (1) Records
created by certifying agents regarding applicants for certification and
certified operations, maintain 10-years, consistent with OFPA's
requirement for maintaining all records concerning activities of
certifying agents; (2) records obtained from applicants for
certification and certified operations, maintain 5-years, the same as
OFPA's requirement for the retention of records by certified
operations; and (3) records created or received by certifying agents
regarding accreditation, maintain 5-years, consistent with OFPA's
requirement for renewal of agent's accreditation (Sec. 205.510(b)).
Organic inspectors. Inspectors, on behalf of certifying agents,
conduct on-site inspections of certified operations and operations
applying for certification. They report the findings from their
inspection to the certifying agent. Inspectors are the agents
themselves, employees of the agents, or individual contractors. We
estimate that about half are certifying agents or their employees and
half are individual contractors. Individuals who apply for positions as
inspectors submit to the agents information documenting their
qualifications to conduct such inspections. According to International
Organic Inspectors Association (IOIA), there are at least 250
inspectors currently providing services.\1\
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\1\ Not all inspectors are members of IOIA.
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Producers and handlers. Producers and handlers, domestic and
foreign, apply to certifying agents for organic certification, submit
detailed information documenting their specific practices, provide
annual updates to continue their certification, and report changes in
their practices. Producers include farmers, livestock and poultry
producers, and wild crop harvesters. Handlers include those who
transport or transform food and include millers, bulk distributors,
food manufacturers, processors, or packers. Some handlers are part of a
retail operation that processes organic products in a location other
than the premises of the retail outlet. Based upon AMS NOP's Organic
Integrity Database (INTEGRITY) on August 7, 2019, there are
approximately 42,309 certified operations globally.\2\ Based on past
growth of the industry, AMS estimates the addition of 2,496 new
certified organic operations a year. In addition, AMS estimates that
there are 4,866 producers exempt from certification, but who must still
maintain records pursuant to section 205.101(c).
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\2\ Organic Integrity Databse: https://organic.ams.usda.gov/integrity/
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Administrative costs for reporting and recordkeeping vary among
certified operators. Factors affecting costs include the type and size
of operation, and the type of systems maintained.
AMS believes that operations using product labels containing the
term ``organic'' handle an average of 20 labels annually. Based on
INTEGRITY on August 7, 2019, there are over 18,584 certified organic
handlers. For each certified handler, AMS estimates that the average
annual burden to develop product labels with organic claims is two hour
per product label times 20 product labels per handler. The annual
burden will be lower for smaller operations and livestock feed
handlers, and higher for large operations that produce a significant
volume of organic processed product.
Interested parties. Any interested party may petition the National
Organic Standards Board (NOSB) for the purpose of having a substance
evaluated for recommendation to the Secretary for inclusion on or
deletion from the National List. Based on the number of petitions
received in the past, AMS estimates 25 parties petitioning the NOSB to
amend the National List in a given year. The annual burden for each
interested party to prepare a complete petition is an average of 30
hours.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 4.99 hours per response.
Respondents: Producers, handlers, certifying agents, inspectors and
State, Local or Tribal governments and interested parties.
Estimated Number of Respondents: 50,025.
Estimated Number of Responses: 1,138,229.
Estimated Number of Responses per Respondent: 22.75.
Estimated Total Annual Burden on Respondents: 5,667,494.
[[Page 55542]]
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on those who
are to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will become a matter of public
record.
Authority: 7 U.S.C. 6501-6522.
Dated: October 10, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-22564 Filed 10-16-19; 8:45 am]
BILLING CODE 3410-02-P