[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Notices]
[Page 58058-58060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-26]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 58058]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. TM-03-08]
Request for an Extension of and Revision to 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 (44
U.S.C. Chapter 35), this notice announces the Agricultural Marketing
Service's intention to request approval from the Office of Management
and Budget, for an extension of and revision to the currently approved
information collection National Organic Program Record Keeping
Requirements.
DATES: Comments received by December 8, 2003 will be considered.
ADDITIONAL INFORMATION OR COMMENTS: Contact Toni Strother, National
Organic Program, Transportation and Marketing Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, 1400 Independence
Ave., SW., Room 4008-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 ApprovaI: January 31, 2004.
Type of Request: Extension and Revision of a currently approved
information collection.
Abstract: The Organic Foods Production Act of 1990 (OFPA) as
amended (7 U.S.C. 6501 et seq.) mandates that the Secretary develop a
National Organic Program (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. This
regulation: (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. The NOP requires that
agricultural products labeled ``organic'' be from a production or
handling operation that is certified by a certifying agent who is
accredited by the U.S. Department of Agriculture (USDA).
Proposed rules to implement OFPA were published in December 1997
and March 2000. Both contained information collection requirements, an
estimate of the annual economic burden on the organic industry, and a
request for comments about the burden. The Agricultural Marketing
Service (AMS) addressed these comments in the final rule published on
December 21, 2000 (65 FR 80548) to ensure that the least amount of the
burden is placed on the public.
Reporting and recordkeeping are essential to the integrity of the
organic certification system. They create a paper trail that is a
critical element in carrying out the mandate of OFPA and NOP. They
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.
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 panel
members, accredited certifying agents, organic inspectors, certified
organic producers and handlers, those seeking accreditation or
certification, and parties interested in changing the National List.
Additionally, it necessitates that all of these entities have
procedures and space for recordkeeping. The burden on each entity is
discussed below.
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
State program governing State officials to establish their own organic
certification 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. State program governing State officials may operate their
own organic certification 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. To date no
State organic certification programs have been approved by USDA. Upon
approval State organic certification programs will require reporting
and recordkeeping burdens similar to those required by the NOP. The
annual burden for each State will be an average of 74 hours or if
calculated at a rate of $27 per hour (rounded up to the next dollar)
$1,998.
Peer review panels. The panel assists the AMS Administrator in
evaluating NOP's adherence to the accreditation procedures in subpart F
of the regulations and International Organization for standards/
International Electro-technical Commission Guide 61, General
requirements for assessment and accreditation of certification/
registration bodies, and NOP's accreditation decisions. The American
National Standards Institute (ANSI) was selected by the NOP to perform
the peer review assessment. The peer review panel consists of three
individuals, two ANSI provided assessors and one NOP technical expert.
Estimates: Three people participate in the peer review panel. The
annual burden for each panel member is an average of 4 hours or if
calculated at a rate of $27 per hour (rounded up to the next dollar)
$108.
Certifying agents. Certifying agents are State program governing
State officials, private entities, or foreign entities who are
accredited by USDA to certify
[[Page 58059]]
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 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. Initial estimates
were based on 59 entities applying for accreditation (13 State
programs, 36 private entities, 10 foreign entities). The initial burden
for each State program was an average of 695 hours or if calculated at
a rate of $27 per hour (rounded up to the next dollar) $18,765. The
initial burden for each private or foreign entity was 700 hours or if
calculated at a rate of $27 per hour (rounded up to the next dollar)
$18,900. To date 87 certifying agents (15 State programs, 38 private
entities, 34 foreign entities) have been accredited. The AMS
anticipates receiving an estimated 10 new applications per year.
Accredited certifying agents submit annual updates with an annual
burden, for each certifying agent, of an average of 3 hours or if
calculated at a rate of $27 per hour (rounded up to the next dollar)
$81.
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 certified, agents have to
make their records available for inspection and copying by authorized
representatives of the Secretary (Sec. 205.501 (a)(9)). The 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. 205.5 10 (b)).
Organic inspectors. Inspectors, on behalf of certifying agents,
conduct on-site inspections of certified operations and operations
applying for certification. They determine whether or not certification
should continue or be granted and report their findings to the
certifying agent. Inspectors are the agents themselves, employees of
the agents, or individual contractors. We estimate that about half are
certifying agents and 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. Estimates: 293 inspectors (147 certifying agents and
their employees, 146 individual contractors). The annual burden for
each inspector is an average of 48 hours or if calculated at $27 per
hour (rounded up to the next dollar) $1,296.
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, repackagers, 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.
The OFPA requires certified operators to maintain their records for
5 years. Initial estimates of: 19,400 total operators (14,253 certified
and 5,147 exempt), including 17,150 producers (12,176 certified and
4,974 exempt) and 2,150 handlers (1,977 certified and 173 exempt) have
not changed. The annual recordkeeping burden for each certified
operator is an average of 5 hours or if calculated at $24 per hour
(rounded up to the next dollar) $120.
The NOP exempts certain operations from certification: (1)
Producers and handlers whose gross agricultural income from organic
sales totals $5,000 or less annually; (2) handlers selling only
agricultural products that contain less than 70 percent organic
ingredients by total weight of the finished product; (3) handlers that
handle agricultural products that contain at least 70 percent organic
ingredients and choose to use the word ``organic'' only on the
information panel of a packaged product; and (4) handlers that are
retail food establishments that handle organic food but do not process
it. The NOP also excludes certain operations from certification: (1)
Handlers selling only agricultural products labeled as organic or made
with organic ingredients that are enclosed in a container prior to
being received, remain in the same container, and are not otherwise
processed while in the control of the operation; and (2) handlers that
are retail food establishments that process or prepare, on the
premises, raw and ready-to-eat food from organic agricultural products.
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.
Research studies have indicated that operations using product
labels containing the term ``organic'' handle an average of 19.5 labels
annually and that there are about 16,000 products with the term organic
on the label. An estimate of the time needed to develop labels for
products sold, labeled, or represented as ``100 percent organic,''
``organic,'' ``made with organic (specified ingredients),'' or which
use the term organic to modify an ingredient in the ingredients
statement is included. Also included is the time spent deciding about
use of the USDA seal, a State emblem, or the seal, logo, or other
identifying marks of a private certifying agent (Sec. 205.300-Sec.
205.310). Because the labeling requirements are in addition to Food and
Drug Administration and Food Safety and Inspection Service
requirements, the burden measurement does not include the hours
necessary to develop the entire label. For purposes of calculating the
burden, it is estimated that each handler develops 20 labels annually.
Estimates: 1,977 certified handlers. The annual burden for each
certified handler is an average of 1 hour per product label times 20
product labels per handler or if calculated at a rate of $27 per hour
(rounded up to the next dollar) $540.
Interested parties. Any interested party may petition the NOSB for
the purpose of having a substance evaluated for recommendation to the
Secretary for inclusion on or deletion from the National List.
Estimates: 25 interested parties may petition the NOSB. The annual
burden for each interested party is an average of 104 hours or if
calculated at $24 per hour (rounded up to the next dollar) $2,496.
[[Page 58060]]
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.72 hours per response.
Respondents: Producers, handlers, certifying agents, inspectors and
State, Local or Tribal governments and interested parties.
Estimated Number of Respondents: 19,766.
Estimated Number of Responses: 345,912.
Estimated Number of Responses Per Respondent: 17.5.
Estimated Total Annual Burden on Respondents: 593,523.
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. Comments may be sent to: Richard H. Mathews,
Program Manager, National Organic Program, USDA-AMS-TM-NOP, 1400
Independence Ave., SW., Room 4008-S0., Ag Stop 0268, Washington, DC 20250 or via the Internet at: Paperwork@usda.gov, or by fax at: (202)
205-7808. All comments received will be available for public inspection
during regular business hours at the same address. Also, all comments
to this notice will be available for viewing on the NOP homepage at
http://www.ams.usda.gov/nop.
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 2, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-25459 Filed 10-7-03; 8:45 am]
BILLING CODE 3410-02-P