[Federal Register: April 12, 1999 (Volume 64, Number 69)] [Notices] [Page 17607-17608] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12ap99-41] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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