[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17607-17608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9006]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 99-002N]
``Certified Organic By'' Labeling on Meat and Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Availability of labeling guidance.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
the availability of guidance concerning the use of the claim
``certified organic by (a certifying entity)'' on the labeling of meat
and poultry products. The claim ``certified organic by (a certifying
entity)'' will be permitted on the labeling of meat and poultry
products if the labeling is submitted to FSIS for approval, the
labeling meets certain criteria, and the labeling submitted is
accompanied by specified certification documentation that has been
provided by the certifying entity to the meat or poultry producer
seeking labeling approval.
ADDRESSES: Copies of FSIS's labeling guidance concerning the use of the
claim ``certified organic by (a certifying entity)'' are available from
the FSIS Docket Clerk in the FSIS Docket Room, Room 102, Cotton Annex,
300 12th Street, SW, Washington, DC 20250-3700, between 8:30 a.m. and
4:30 p.m., Monday through Friday, and on FSIS's homepage at
www.fsis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Robert Post, Director, Labeling
and Additives Policy Division, Office of Policy, Program Development
and Evaluation, Food Safety and Inspection Service, U.S. Department of
Agriculture, (202) 205-0279.
Background
The United States Congress passed the Organic Foods Protection Act
of 1990 (1) to establish national standards governing the marketing of
certain agricultural products as organically produced, (2) to assure
consumers that organically produced products meet a defined, consistent
standard, and (3) to facilitate commerce in organically produced fresh
and processed food. The Agricultural Marketing Service (AMS), United
States Department of Agriculture (USDA), published a proposed rule in
the Federal Register (62 FR 65850) on December 16, 1997, to permit the
use of the term ``organic'' on the labeling of certain agricultural
products. AMS received approximately 280,000 public comments in
response to the proposal, which raised many complex issues. AMS has
decided to publish a revised proposed rule that will address those
issues and to seek further input and comment from interested parties.
A number of meat and poultry producers asked FSIS to permit the
marketing of meat and poultry products bearing the claim ``certified
organic by (a certifying entity)'' during the pendency of the
rulemaking and before AMS issues its final rule. Because AMS's decision
to issue a revised proposal and to seek further public comment before
finalizing the organic standards rule will likely take some time, FSIS
has decided in the interim to permit the use of the claim ``certified
organic by (a certifying entity)'' on the labeling of meat and poultry
products under certain conditions.
As indicated in FSIS's guidance documents, to use the claim
``certified organic by (a certifying entity)'' on the labeling of a
meat or poultry product, processors will have to submit the labeling
they want to use to FSIS for approval. Processors will also have to
submit to FSIS, simultaneously with the labeling for which they are
seeking approval, specified certification documentation provided to
them by the certifying entity, including documentation that
demonstrates that the certifying entity has standards for what
constitutes an organic product, and that the certifying entity has a
system for ensuring that that the
[[Page 17608]]
product it certifies as organic meets the standards it has established.
The specific certification documentation that must be submitted to FSIS
includes: (1) The name of the certified meat or poultry product and/or
certified ingredient used in the meat or poultry product; (2) the
certifying entity's name and address; (3) the name and signature of the
responsible official of the certifying entity; (4) the date of
certification, and (5) documentation from the certifying entity that
(a) its criteria, i.e., standards, for what constitutes an organic
product have been met by the product or ingredient for which labeling
approval is being sought and (b) that the certifying entity employs a
system for evaluating ongoing compliance with the criteria, i.e.,
standards, it has established.
As also indicated in FSIS's guidance document regarding this
policy, the statement ``certified organic by (a certifying entity)''
must be followed by the name of the certifying entity on the labeling
of a meat or poultry product. Upon approval, the claim ``certified
organic by (a certifying entity)'' may appear anywhere on the labeling
of a meat or poultry product in regard to the meat or poultry product
portion certified and in regard to any nonmeat ingredients so
certified. All words in the claim are to be contiguous and of the same
size, style, and type. Further, as indicated in FSIS's guidance
document, FSIS will also continue to permit the use of approved animal
production claims and an approved claim of ``natural'' on the labeling
of meat and poultry products.
In allowing the claim ``certified organic by (a certifying
entity)'' to appear on the labeling of a meat or poultry product, FSIS
is not defining the term ``organic.'' AMS, supported by the National
Organic Standards Board, is responsible for carrying out the
Department's program under the Organic Foods Protection Act to define
the term ``organic'' and to establish the circumstances in which it can
be applied to agricultural products, including meat and poultry
products.
Applications for approval of labeling bearing the claim ``certified
organic by (a certifying entity)'' should be sent to the Labeling and
Additives Policy Division, Office of Policy, Program Development and
Evaluation, Food Safety and Inspection Service, USDA, Room 602, Cotton
Annex, Washington, DC 20250-3700. Inquiries regarding labeling claims,
including the labeling claim ``certified organic by (a certifying
entity)'' or animal production claims, may be directed to Dr. Robert
Post, Director, Labeling and Additives Policy Division. Staff of the
Labeling and Additives Policy Division may be reached by telephone, at
(202) 205-0279, for consultation.
Paperwork Requirements
Abstract: FSIS has reviewed the paperwork and recordkeeping
requirements in this notice in accordance with the Paperwork Reduction
Act. FSIS has submitted a request for an emergency clearance of these
paperwork and recordkeeping requirements to OMB.
This notice, in conjunction with existing requirements, means that
meat and poultry producers who want to market meat and poultry products
that bear the labeling claim ``certified organic by (a certifying
entity)'' will have to submit the labeling to FSIS for approval, along
with the specified certification documentation that has been provided
to the meat or poultry producer by the certifying entity. The
certifying entity must have standards that list the criteria a meat or
poultry product must meet to be certified organic and must have a
system for ensuring that the product it certifies as organic meets
those standards.
Estimate of Burden: FSIS estimates that it will take meat and
poultry producers 2 hours to design and develop modified product
labels. FSIS estimates that it will take certifying entities 40 hours
to develop their organic standards and prepare their certification
documentation.
Respondents: Meat and poultry producers, and certifying entities.
Estimated number of Respondents: 200 meat and poultry producers,
and 44 certifying entities.
Estimated number of Responses per Respondent: FSIS estimates that
each producer would modify approximately 4 product labels. Certifying
entities would give their certification documentation to each meat and
poultry producer once.
Estimated Total Annual Burden on Respondents: 3,360 hours Comments
are invited on: (a) Whether the collection of information is necessary
for the proper performance of the functions of the Agency, including
whether the information will have practical utility; (b) the accuracy
of the Agency's estimate of the burden of the collection of information
including the validity of the methodology and assumptions used; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of collection of
information on those who are to respond, including through use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
Comments may be sent to Lee Puricelli, Paperwork Specialist, see
address above, and Desk Officer for Agriculture, Office of Information
and Regulatory Affairs, Office of Management and Budget, Washington, DC
20253.
Done at Washington, DC on: April 5, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-9006 Filed 4-9-99; 8:45 am]
BILLING CODE 3410-DM-P
