AMS No. 098-06

Joan Shaffer (202) 720-8998

Joan.shaffer@usda.gov

Billy Cox (202) 720-8998

billy.cox@usda.gov

WASHINGTON, April 25, 2006 – The U.S. Department of Agriculture will publish a proposed rule in the Federal Register April 27 that would revise the National Organic Program (NOP) regulations to comply with the final court order in the Harvey v. Johanns lawsuit and implement the 2005 amendments to the Organic Foods Production Act of 1990.

The proposed rule revises the NOP regulations to clarify that non-organically produced products listed in section 205.606 of the regulations may be used as ingredients in or on processed products labeled as “organic” or “made with” organic ingredients, only when such organic products are not commercially available.

The proposed rule also revises section 205.236 of the NOP regulations to eliminate what is commonly known as the “80/20” feed provision. Transitioning dairy producers would no longer be able to use 20 percent non-organic feed during the first nine months of whole herd conversion from conventional to organic production.

The proposed rule further addresses dairy herd conversion by allowing crops and forage from land included in the organic dairy system plan of a dairy farm that is in its third year of organic management to be fed to the converting animals.

The comment period for the proposed rule closes on May 12. The proposed rule may be accessed on the NOP website at www.ams.usda.gov/nop under “Today’s News.” Comments may be faxed to 202-205-7808 or be mailed to:

Mark Bradley, Associate Deputy Administrator

Transportation and Marketing Program

National Organic Program

1400 Independence Avenue, SW, Room 4008--SO, Ag Stop 0268

Washington, DC 20250