[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 29967-29969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12833]
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Notices
Federal Register
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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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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 /
Notices
[[Page 29967]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-10-0046; NOP-10-02]
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 (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 the currently approved information
collection National Organic Program (NOP) Record Keeping Requirements.
DATES: Comments received by July 27, 2010 will be considered.
ADDRESSES: Interested persons are invited to submit written comments
concerning this notice. Comments must be sent to Toni Strother,
Agricultural Marketing Specialist, National Organic Program, AMS/USDA,
1400 Independence Ave., SW., Room 2646-So., 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-10-0046; NOP-10-02. 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.regulation.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 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: Toni Strother, Agricultural Marketing
Specialist, Standards Division, Telephone: (202) 720-3252.
SUPPLEMENTARY INFORMATION:
Title: National Organic Program.
OMB Number: 0581-0191.
Expiration Date of Approval: October 31, 2010.
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 a 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.
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.
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 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. States 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. 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 certification program is approved
by USDA. The initial burden for each State organic certification
program is an average of 40 hours or if calculated at a rate of $32 per
hour (rounded up to the next dollar) $1,280. State organic
certification programs require reporting and recordkeeping burdens
similar to those required by the NOP. The average annual burden for
States are 55 hours or if calculated at a rate of $32 per hour (rounded
up to the next dollar) $1,760.
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 agents determine if a producer or handler meets organic
[[Page 29968]]
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 certifiers, 36 private entities, 10 foreign
entities). The initial burden for each State certifier 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. Currently, 97 certifying
agents (21 State certifiers, 33 private entities, 43 foreign entities)
have been accredited. The AMS anticipates receiving approximately 3 new
applications per year. Accredited certifying agents submit annual
updates with an annual burden, for each certifying agent, of an average
of 11 hours or if calculated at a rate of $32 per hour (rounded up to
the next dollar) $352.
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 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. Estimates: 293 inspectors (147 certifying agents and
their employees, 146 individual contractors). The annual burden for
each inspector is an average of 1 hour or if calculated at $32 per hour
(rounded up to the next dollar) $32.
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. We estimate: 36,147 total operators (31,000 certified and
5,147 exempt), including 27,102 producers (22,128 certified and 4,974
exempt) and 8,705 handlers (8,532 certified and 173 exempt). The annual
recordkeeping burden for each certified operator is an average of 5
hours or if calculated at $32 per hour (rounded up to the next dollar)
$160.
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 20 labels
annually and that there are about 8,532 handlers with the term organic
on their 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. Sec. 205.300-
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: 8,532 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 $32 per hour
(rounded up to the next dollar) $640.
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. 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 $32 per hour (rounded up to
the next dollar) $3,328.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.303 hours per response.
Respondents: Producers, handlers, certifying agents, inspectors and
State, Local or Tribal governments and interested parties.
Estimated Number of Respondents: 32,600.
Estimated Number of Responses: 776,407.
Estimated Number of Responses per Respondent: 23.8.
Estimated Total Annual Burden on Respondents: 1,011,647.
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
[[Page 29969]]
for OMB approval. All comments will become a matter of public record.
Authority: 7 U.S.C. 6501-6522.
Dated: May 24, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-12833 Filed 5-27-10; 8:45 am]
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