Proposed Rule2025-08219
Rescinding National Organic Program; Market Development for Mushrooms and Pet Food
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
AMS is proposing to rescind the rule and regulations issued on December 23, 2024, titled, "National Organic Program; Market Development for Mushrooms and Pet Food."
Full Text
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<title>Federal Register, Volume 90 Issue 90 (Monday, May 12, 2025)</title>
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[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Proposed Rules]
[Pages 20133-20134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08219]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. No. AMS-NOP-22-0063]
RIN 0581-AE13
Rescinding National Organic Program; Market Development for
Mushrooms and Pet Food
AGENCY: Agricultural Marketing Service (AMS), Department of Agriculture
(USDA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: AMS is proposing to rescind the rule and regulations issued on
December 23, 2024, titled, ``National Organic Program; Market
Development for Mushrooms and Pet Food.''
DATES: Comments must be received by June 11, 2025.
ADDRESSES: Comments may be submitted through the Federal eRulemaking
portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and should reference the docket
number and the date and page number of this issue of the Federal
Register. AMS strongly prefers comments to be submitted electronically.
However, written comments may be submitted (i.e., postmarked) via mail
to: Erin Healy, Director, Standards Division, National Organic Program,
USDA-AMS-NOP, 1400 Independence Ave. SW, Room 2642-So., Ag Stop 0268,
Washington, DC 20250-0268.
Instructions: All comments should include the docket number (AMS-
NOP-22-0063), and/or the Regulatory Information Number (RIN 0581-AE13)
for this rulemaking. You should clearly indicate the topic and section
number of this proposed rule to which your comment refers, state your
position(s), offer any recommended language change(s), and include
relevant information and data to support your position(s) (e.g.,
scientific, environmental, manufacturing, industry, or industry impact
information, etc.). All comments and relevant background documents
posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Erin Healy, Director, Standards
Division, National Organic Program, USDA-AMS-NOP, 1400 Independence
Ave. SW, Room 2642-So., Ag Stop 0268, Washington, DC 20250-0268;
Telephone: 202-720-3252, Email: <a href="/cdn-cgi/l/email-protection#1653647f78385e73777a6f566365727738717960"><span class="__cf_email__" data-cfemail="783d0a111656301d191401380d0b1c19561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: AMS is proposing to rescind the rule issued
on December 23, 2024, National Organic Program; Market Development for
Mushrooms and Pet Food, via 89 FR 104367, amending 7 CFR part 205. The
rule proposed for rescission amended the USDA organic regulations to
clarify standards for organic mushrooms and organic pet food. AMS
proposes to rescind this rule in full and seek comments on all aspects
of that proposal.
Procedural Matters
Executive Orders 12866 and 13563
As with the rule (89 FR 104367) proposed for rescission, this rule
does not meet the criteria of a ``significant regulatory action'' under
Executive Order 12866, as amended by Executive Orders 14215 and 13563.
Therefore, the Office of Management and Budget (OMB) has not reviewed
this rule under those orders.
This regulation is not an Executive Order 14192 regulatory action.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996, 5 U.S.C. 601 et seq.), agencies must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
In the final rule (89 FR 104367), AMS concluded and certified that the
rule would not have a significant economic impact on a substantial
number of small entities and therefore did not conduct a regulatory
flexibility analysis. Similarly, this proposed recission rule will only
have minor impacts on small entities engaged in organic mushroom
operations and pet food producers. This proposed recission of the rule
is expected to have a beneficial effect on these small entities,
lowering costs related to paperwork burden and otherwise allowing
operators and producers to continue to engage in beneficial and often
industry-standard practices without additional regulatory costs. The
same is true for certifying agents that certify organic mushroom or pet
food operations.
Unfunded Mandates Reform Act
This proposed rule does not contain Federal mandates (under the
regulatory provisions of title II of the UMRA) for State, local and
Tribal governments, or the private sector of $100 million or more in
any one year. Thus, the rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. AMS has assessed the impact
of this proposed rule on Indian Tribes and determined that this rule
would not have Tribal implications that require consultation under
Executive Order 13175.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-
[[Page 20134]]
3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid Office of Management and Budget
(OMB) control number. This proposed rule is deregulatory and so would
not impose any additional information collection requirements; rather,
it would reduce future collection requirements by removing reporting
burdens.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
2002 to promote the use of the internet and other information
technologies to provide increased opportunities for citizen access to
Government information and services, and for other purposes.
Executive Order 13132; Federalism Summary Impact Statement
The proposed rule is deregulatory and has little effect on States
and local governments, so AMS anticipates that this rule will not have
implications for federalism. Therefore, under section 6(b) of the
Executive Order, a federalism summary is not required. States and local
governments are invited to comment if they believe a federalism summary
is necessary.
NEPA
AMS believes this proposed rule, if finalized, would not have a
reasonably foreseeable significant effect on the quality of the human
environment. AMS invites the public to comment on the impact of the
proposed agency action.
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agricultural commodities,
Agriculture, Animals, Archives and records, Fees, Imports, Labeling,
Livestock, Organically produced products, Plants, Reporting and
recordkeeping requirements, Seals and insignia, Soil conservation.
For the reasons set forth above, AMS proposes to amend 7 CFR part
205 as follows:
PART 205--NATIONAL ORGANIC PROGRAM
0
1. The authority citation for 7 CFR part 205 continues to read as
follows:
Authority: 7 U.S.C. 6501-6524.
0
2. Amend Sec. 205.2 by:
0
a. Revising the definitions of ``Compost'' and ``Crop'';
0
b. Removing the definitions for ``Mushroom'', ``Mushroom mycelium'',
``Mushroom spawn'', ``Mushroom spawn media'', ``Mushroom substrate'',
``Pet'', and ``Pet food''; and
0
c. Revising the definition of ``Wild crop''.
The revisions read as follows:
Sec. 205.2 Terms defined.
* * * * *
Compost. The product of a managed process through which
microorganisms break down plant and animal materials into more
available forms suitable for application to the soil. Compost must be
produced through a process that combines plant and animal materials
with an initial C:N ratio of between 25:1 and 40:1. Producers using an
in-vessel or static aerated pile system must maintain the composting
materials at a temperature between 131 [deg]F and 170 [deg]F for 3
days. Producers using a window system must maintain the composting
materials at a temperature between 131 [deg]F and 170 [deg]F for 15
days, during which time, the materials must be turned a minimum of five
times.
* * * * *
Crop. Pastures, cover crops, green manure crops, catch crops, or
any plant or part of a plant intended to be marketed as an agricultural
product, fed to livestock, or used in the field to manage nutrients and
soil fertility.
* * * * *
Wild crop. Any plant or portion of a plant that is collected or
harvested from a site that is not maintained under cultivation or other
agricultural management.
* * * * *
Sec. 205.210 [Removed and Reserved]
0
3. Remove and reserve Sec. 205.210.
Sec. 205.270 [Amended]
0
4. Amend Sec. 205.270 by removing and reserving paragraph (d).
0
5. Amend Sec. 205.601 by revising paragraphs (i) introductory text and
(j) introductory text to read as follows:
Sec. 205.601 Synthetic substances allowed for use in organic crop
production.
* * * * *
(i) As plant disease control.
* * * * *
(j) As plant or soil amendments.
* * * * *
Sec. 205.605 [Amended]
0
6. Amend Sec. 205.605 by removing paragraph (b)(36) and redesignating
paragraphs (b)(37) and (38) as paragraphs (b)(36) and (37),
respectively.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-08219 Filed 5-9-25; 8:45 am]
BILLING CODE 3410-02-P
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