[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR205.290]

[Page 399]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 205_NATIONAL ORGANIC PROGRAM--Table of Contents
 
         Subpart C_Organic Production and Handling Requirements
 
Sec. 205.290  Temporary variances.

    (a) Temporary variances from the requirements in Sec. Sec. 205.203 
through 205.207, 205.236 through 205.239, and 205.270 through 205.272 
may be established by the Administrator for the following reasons:
    (1) Natural disasters declared by the Secretary;
    (2) Damage caused by drought, wind, flood, excessive moisture, hail, 
tornado, earthquake, fire, or other business interruption; and
    (3) Practices used for the purpose of conducting research or trials 
of techniques, varieties, or ingredients used in organic production or 
handling.
    (b) A State organic program's governing State official or certifying 
agent may recommend in writing to the Administrator that a temporary 
variance from a standard set forth in subpart C of this part for organic 
production or handling operations be established: Provided, That, such 
variance is based on one or more of the reasons listed in paragraph (a) 
of this section.
    (c) The Administrator will provide written notification to 
certifying agents upon establishment of a temporary variance applicable 
to the certifying agent's certified production or handling operations 
and specify the period of time it shall remain in effect, subject to 
extension as the Administrator deems necessary.
    (d) A certifying agent, upon notification from the Administrator of 
the establishment of a temporary variance, must notify each production 
or handling operation it certifies to which the temporary variance 
applies.
    (e) Temporary variances will not be granted for any practice, 
material, or procedure prohibited under Sec. 205.105.