USDA Issues ANPRM and Public Comment Request on Possible Responses to Changing Agricultural Marketing Practices Including Biotechnology

USDA's Agricultural Marketing Service (AMS) and Grain Inspection, Packers and Stockyard Administration (GIPSA) issued an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register regarding how USDA can best facilitate the marketing of grains, vegetables, oilseeds, fruits, and nuts in a market that includes both crops derived from biotechnology and other means (66 Fed. Reg. 71272, November 30, 2000). (Extension of comment period, 66 Fed. Reg. 13267, March 5, 2001). Part of the Administration's Biotechnology Initiative, USDA has issued a series of questions through which it seeks to define its role in key areas such as commodity testing, product segregation procedures, and quality assurance. USDA seeks to maintain the marketing and export of U.S. agricultural products while keeping in mind consumer preferences, trading partner requirements, and the anticipated benefits of value-added crops produced by biotechnology.

Questions Posed by USDA

The Department specifically invites comments from producers, handlers, processors, food manufacturers, exporters, consumers, scientists, industry representatives, and other interested parties. USDA specifically seeks comment on the following topics.

(1)	In light of changes in the marketplace brought about by biotechnology, what specific programs or processes are being used to market grains, oilseeds, fruits, vegetables, and nuts in the domestic, exports, and import markets? Please be specific, and include information on obstacles encountered in marketing these products.
(2)	What additional costs and benefits are generally associated with the practices being used to market grains, oilseeds, fruits, vegetables, or nuts? Please provide details and quantifiable cost and benefit estimates.
(3)	Would a set of U.S. standards upon which to base IP [identity preservation] or other marketing systems facilitate market development? If so, are there any specific national or international standards or guidelines that should serve as the basis for the U.S. standards? What role should USDA have in establishing these standards?
(4)	As more certifying companies and organizations evolve to review and verify the performance of food company IP systems, should USDA have a role in the accreditation of these certifying companies and organizations? Would a USDA accreditation of these certifying companies and organizations serve to facilitate marketing?
(5)	USDA is in the process of developing a program for accrediting qualified commercial and public laboratories for the analytical detection of grains and oilseeds derived from biotechnology. Should USDA expand this program for other commercialized crops? Should USDA include laboratories outside the United States in the accreditation program? If so, how would this help facilitate the marketing of U.S. crops?
(6)	Should USDA provide, for a fee, direct product certification for crops derived from biotechnology based on an audit-based quality assurance process? Should the same be done for other crops?
(7)	Should USDA provide direct analytical detection services and certification for crops derived from biotechnology? Should the same be done for other crops?
(8)	If USDA involvement (e.g., standards, certifying agent verification, direct certification, testing, etc.) is necessary, at what point of the marketing system should such involvement begin and end?
(9)	How should a fee structure be determined for such services?
(10)	Should such involvement be limited to U.S.-produced crops or expanded to imported crops?
(11)	Should USDA establish definitions of crops derived from biotechnology or for crops not derived from biotechnology as part of the current U.S. quality grades and standards? If so, what technical capabilities, resources, data, etc., would USDA require?

How to Submit Comments to USDA

Public comments in response to USDA's ANPRM may be submitted through April 16, 2001 in the following manners:

Written Comments

• Mail to: Richard Hardy
  GIPSA
  U.S. Department of Agriculture
  1400 Independence Avenue, S.W., Room 0757-S
  Washington, D.C. 20250-3650

Faxed Comments

• Fax to: (202) 720-2459

Internet Submissions

• Submit through the GIPSA homepage at www.usda.gov/gipsa.

To View Comment Submissions

• All comments received will be available for viewing at www.usda.gov/gipsa.
  
  
• Comments will also be available for viewing at the USDA Docket (Room 0757-S) from 9:00 a.m. to 12:00 noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday (except official federal holidays).
  
    –  Appointments must be made to view the docket by calling (202) 690-3460.