[Federal Register: December 21, 2006 (Volume 71, Number 245)]
[Notices]
[Page 76632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de06-22]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. TM-07-04]
Notice of Release of National Organic Program Noncompliance and
Adverse Action Records
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The U.S. Department of Agriculture's (USDA) Agricultural
Marketing Service (AMS) is publishing this notice to inform accredited
certifying agents and producers and handlers certified to the National
Organic Program (NOP) of AMS' intention to release notices of
noncompliance, and the identity of each entity which has been suspended
or revoked, as well as the reasons for these actions. The release of
these materials complies with the Freedom of Information Act (FOIA) in
which any information that is not protected from disclosure by a FOIA
exemption must be provided to the public.
FOR FURTHER INFORMATION CONTACT: Mark Bradley, Associate Deputy
Administrator, National Organic Program, 1400 Independence Avenue, SW.,
Room 4008-S, Ag Stop 0268, Washington, DC, 20250-0268; Telephone: (202)
720-3252; Fax: (202) 205-7808; e-mail: mark.bradley@usda.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This notice is issued under the FOIA as amended, 5 U.S.C. 552, and
the Organic Foods Production Act (OFPA) of 1990, as amended, 7 U.S.C.
6501 et seq.
II. Background
On April 12, 2006, AMS received a FOIA request for notices of
noncompliance and records of suspension and revocation of certification
and accreditation issued pursuant to the NOP. The Agency maintains the
records sought by the FOIA requester pursuant to its administration of
the OFPA.
The FOIA provides for any person to request and access federal
agency records except for those records, or portions of records, which
are protected by one of the nine exemptions under the FOIA. The records
collected and maintained under the OFPA are not statutorily exempt from
disclosure, and therefore in accordance with the FOIA and USDA's FOIA
implementing regulations, 7 CFR part 1, AMS is required to release
responsive records, or portions of responsive records, that are not
protected from disclosure by any FOIA exemption.
III. Action
Pursuant to 7 CFR 205.662, accredited certifying agents are
obligated to issue noncompliance notifications, notices of suspension,
and notices of revocation regarding NOP certification when
circumstances warrant such action. Likewise, pursuant to 7 CFR 205.665,
the NOP is obligated to issue notifications of noncompliance and
notices of suspension and revocation of accreditation as warranted.
Some of the information contained in these notification letters, in
particular those issued to certified operations, may contain
confidential business information. Therefore, the agency will conduct a
thorough review of those notification documents issued since
implementation of the NOP on October 21, 2002, pursuant to 7 CFR
205.662 and 205.665, and in accordance with 5 U.S.C. 552(b)(4),
withhold confidential commercial or financial information. Examples of
the information which may appear in responsive records and that is
subject to withholding include: Product formulations; supply sources;
amount paid or owed in certification fees; sales volumes; yield
quantities; amount of acreage planted to a specific crop or designated
as pasture; the number of livestock units; the identity of an entity
for which a private label is produced.
Dated: December 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-21838 Filed 12-20-06; 8:45 am]
BILLING CODE 3410-02-P