USDA Proposes to Establish Voluntary Labeling Program for Biobased Products
The U.S. Department of Agriculture has issued a proposed rule to establish a voluntary labeling program for biobased products, under which such products could be marketed using the "USDA Certified Biobased Product" label under its BioPreferred program.
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Comments on the proposed rule are due by September 29, 2009.
(Biobased products are products that are composed wholly or significantly of biological ingredients, such as renewable plant, animal, marine or forestry materials.
The Farm Security and Rural Investment Act of 2002 (FSRIA), as amended by the Food, Conservation, and Energy Act of 2008, establishes a program for the Federal procurement of biobased products by Federal agencies and a voluntary program for the labeling of biobased products, collectively referred to by USDA as the BioPreferredSM Program.)
Proposed Label Eligibility Would Require Biobased Products, De Minimis Content
To be eligible for USDA certification to use the label, USDA proposes that a product be required to meet two criteria:
Biobased product. The product would be required to be a biobased product, which is defined in the proposed rule as a commercial or industrial product (other than food or feed) that is: (1) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or (2) an intermediate ingredient or feedstock.
De minimis biobased content. For a biobased product to receive certification under the proposed rule, the biobased content of that product would be required to be at or above its applicable minimum biobased content, which would vary depending on whether the product is (1) within one or more designated items; (2) a finished biobased product that is not within a designated item; or (3) an intermediate ingredient or feedstock that is not within a designated item.
Products Imported for U.S. Sale Would Need to Meet Same Requirements to Carry Label
With regard to imported biobased products, USDA states that in order for products imported for sale in the U.S. to carry the label, they would be required to meet the same criteria as U.S.-sourced biobased products, and their manufacturers and vendors would be required to apply for certification to use the label, even if the products are considered biobased products in the country in which they are manufactured.
(See proposed rule for proposed specific de minimis biobased product requirements, proposed label requirements, etc.
See ITT's Online Archives or 07/23/08 and 05/08/09 news, 08072399 8 and 09050899 4, for BP summaries of USDA's announcement of a public meeting on the BioPreferred labeling program and its submission of the proposed rule for review by the Office of Management and Budget, respectively.)
USDA contact - Ron Buckhalt (202) 205-4008
USDA proposed rule (FR Pub 07/31/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-17610.pdf