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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of June 22, 2020
Title 7 → Subtitle B → Chapter XXXII → Part 3202
Title 7: Agriculture
PART 3202—VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS
Contents
§3202.1 Purpose and scope.
§3202.2 Definitions.
§3202.3 Applicability.
§3202.4 Criteria for product eligibility to use the certification mark.
§3202.5 Initial approval process.
§3202.6 Appeal processes.
§3202.7 Requirements associated with the certification mark.
§3202.8 Violations.
§3202.9 Recordkeeping requirements.
§3202.10 Oversight and monitoring.
AUTHORITY: 7 U.S.C. 8102.

SOURCE: 76 FR 3806, Jan. 20, 2011, unless otherwise noted. Redesignated at 76 FR
53632, Aug. 29, 2011.

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§3202.1 Purpose and scope.
The purpose of this part is to set forth the terms and conditions for voluntary
use of the “USDA Certified Biobased Product” certification mark. This part
establishes the criteria that biobased products must meet in order to be eligible to
become certified biobased products to which the “USDA Certified Biobased Product”
mark can be affixed, the process manufacturers and vendors must use to obtain and
maintain USDA certification, and the recordkeeping requirements for manufacturers
and vendors who obtain certification. In addition, this part establishes specifications
for the correct and incorrect uses of the certification mark, which apply to
manufacturers, vendors, and other entities. Finally, this part establishes actions that
constitute voluntary labeling program violations.
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§3202.2 Definitions.
Applicable minimum biobased content. The biobased content at or above the
level set by USDA to qualify for use of the certification mark.
ASTM International (ASTM). American Society for Testing and Materials is a
nonprofit organization that provides an international forum for the development and
publication of voluntary consensus standards for materials, products, systems, and
services.
Biobased content. The amount of biobased carbon in the material or product
expressed as a percent of weight (mass) of the total organic carbon in the material
or product. For BioPreferred Products (products that have been identified for
Federal preferred procurement), the biobased content shall be defined and
determined as specified in the applicable section of subpart B of part 3201. For all
other products, the biobased content is to be determined using ASTM Method
D6866, Standard Test Methods for Determining the Biobased Content of Solid,
Liquid, and Gaseous Samples Using Radiocarbon Analysis.
Biobased product. (1) A product determined by USDA to be a commercial or
industrial product (other than food or feed) that is:
(i) Composed, in whole or in significant part, of biological products, including
renewable domestic agricultural materials and forestry materials; or
(ii) An intermediate ingredient or feedstock.
(2) The term “biobased product” includes, with respect to forestry materials,
forest products that meet biobased content requirements, notwithstanding the
market share the product holds, the age of the product, or whether the market for
the product is new or emerging.
Certification mark. A combination of the certification mark artwork (as defined in
this subpart); one of three statements identifying whether the USDA certification
applies to the product, the package, or both the product and package; and, where
applicable, the letters “FP” to indicate that the product is within a designated product
category and eligible for Federal preferred procurement. The certification mark is
owned, and its use is managed by, USDA (standard trademark law definition
applies).
Certification mark artwork. The distinctive image, as shown in Figures 1-3, that
identifies products as USDA Certified.

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Certified biobased product. A biobased product for which the manufacturer or
vendor of the product has received approval from USDA to affix to the product the
“USDA Certified Biobased Product” certification mark.
Days. As used in this part means calendar days.
Designated product category. A generic grouping of biobased products,
including those final products made from designated intermediate ingredients or
feedstocks, or complex assemblies identified in subpart B of 7 CFR part 3201, that
is eligible for the procurement preference established under section 9002 of FSRIA.

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Designated representative. An entity authorized by a manufacturer or vendor to
affix the USDA certification mark to the manufacturer's or vendor's certified biobased
product or its packaging.
Forest product. A product made from materials derived from the practice of
forestry or the management of growing timber. The term “forest product” includes:
(1) Pulp, paper, paperboard, pellets, lumber, and other wood products; and
(2) Any recycled products derived from forest materials.
Intermediate ingredient or feedstock. A material or compound made in whole or
in significant part from biological products, including renewable agricultural materials
(including plant, animal, and marine materials) or forestry materials that have
undergone value added processing (including thermal, chemical, biological, or a
significant amount of mechanical processing), excluding harvesting operations,
offered for sale by a manufacturer or vendor and that is subsequently used to make
a more complex compound or product.
ISO. The International Organization for Standardization, a network of national
standards institutes working in partnership with international organizations,
governments, industries, business, and consumer representatives.
ISO 9001 conformant. An entity that meets all of the requirements of the ISO
9001 standard, but that is not required to be ISO 9001 certified. ISO 9001 refers to
the International Organization for Standardization's standards and guidelines
relating to “quality management” systems. “Quality management” is defined as what
the manufacturer does to ensure that its products or services satisfy the customer's
quality requirements and comply with any regulations applicable to those products
or services.
Manufacturer. An entity that performs the necessary chemical and/or
mechanical processes to make a final marketable product.
Other entity. Any person, group, public or private organization, or business
other than USDA, or manufacturers or vendors of biobased products that may wish
to use the “USDA Certified Biobased Product” certification mark in informational or
promotional material related to a certified biobased product.
Program Manager. The manager of the BioPreferred Program.
Qualified biobased product. A product that is eligible for federal preferred
procurement because it meets the definition and minimum biobased content criteria
for one or more designated product categories, or one or more designated
intermediate ingredient or feedstock categories, as specified in subpart B of 7 CFR
part 3201.

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Renewable chemical. A monomer, polymer, plastic, formulated product, or
chemical substance produced from renewable biomass.
USDA. The United States Department of Agriculture.
Vendor. An entity that offers for sale final marketable biobased products that
are produced by manufacturers.
[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011;
80 FR 34036, June 15, 2015]

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§3202.3 Applicability.
(a) Manufacturers, vendors, and designated representatives. The requirements
in this part apply to all manufacturers and vendors, and their designated
representatives, who wish to participate in the USDA voluntary labeling program for
biobased products. Manufacturers and vendors wishing to participate in the
voluntary labeling program are required to obtain and maintain product certification.
(b) Other entities. The requirements in this part apply to other entities who wish
to use the certification mark in promoting the sales or the public awareness of
certified biobased products.
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§3202.4 Criteria for product eligibility to use the certification mark.
A product must meet each of the criteria specified in paragraphs (a) through (c)
of this section in order to be eligible to receive biobased product certification.
A product must meet each of the criteria specified in paragraphs (a) and (b) of
this section in order to be eligible to receive biobased product certification.
(a) Biobased product. The product for which certification is sought must be a
biobased product as defined in §3202.2 of this part.
(b) Minimum biobased content. The biobased content of the product must be
equal to or greater than the applicable minimum biobased content, as described in
paragraphs (b)(1) through (b)(4) of this section.
(1) Qualified Biobased Products—(i) Product is within a single product category.
If the product is within a single product category that, at the time the application for
certification is submitted, has been designated by USDA for Federal preferred
procurement, the applicable minimum biobased content is the minimum biobased
content specified for the item as found in subpart B of 7 CFR part 3201.

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(ii) Product is within multiple product categories. If a biobased product is
marketed within more than one product category identified for preferred Federal
purchasing, uses the same packaging for each product, and the applicant seeks
certification of the product, the product's biobased content must meet or exceed the
specified minimum biobased content for each of the applicable product categories in
order to use the certification mark on the product. However, if the manufacturer
packages the product differently for each product category, then the applicable
minimum biobased contents are those established under paragraph (b)(1)(i) of this
section for each product category for which the applicant seeks to use the
certification mark.
(2) Finished biobased products that are not Qualified Biobased Products. (i) If
the product is not an intermediate ingredient or feedstock, and is not within a
product category eligible for Federal preferred procurement at the time the
application for certification is submitted, the applicable minimum biobased content is
25 percent. Manufacturers, vendors, groups of manufacturers and/or vendors, and
trade associations may propose an alternative applicable minimum biobased
content for the product by developing, in consultation with USDA, and conducting an
analysis to support the proposed alternative applicable minimum biobased content.
If approved by USDA, the proposed alternative applicable minimum biobased
content would become the applicable minimum biobased content for the product to
be labeled.
(ii) If a product certified under paragraph (b)(2)(i) of this section is within a
product category that USDA subsequently designates for Federal preferred
procurement, the applicable minimum biobased content shall become, as of the
effective date of the final designation rule, the minimum biobased content specified
for the item as found in subpart B of 7 CFR part 3201.
(3) Products that are intermediate ingredients or feedstocks. (i) If the product is
an intermediate ingredient or feedstock that is not eligible for Federal preferred
procurement at the time the application for certification is submitted, the applicable
minimum biobased content is 25 percent. Manufacturers, vendors, groups of
manufacturers and/or vendors, and trade associations may propose an alternative
applicable minimum biobased content for the product by developing, in consultation
with USDA, and conducting an analysis to support the proposed alternative
applicable minimum biobased content. If approved by USDA, the proposed
alternative applicable minimum biobased content would become the applicable
minimum biobased content for the intermediate ingredient or feedstock product to be
labeled.
(ii) If a product certified under paragraph (b)(3)(i) of this section is within a
category that USDA subsequently designates for Federal preferred procurement,
the applicable minimum biobased content shall become, as of the effective date of
the final designation rule, the minimum biobased content specified for the item as
found in subpart B of 7 CFR part 3201.

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(4) Finished products that are complex assemblies. (i) If the product is a
complex assembly, as defined in subpart A of 7 CFR part 3201, that is not eligible
for federal preferred procurement at the time the application for certification is
submitted, the applicable minimum biobased content is 25 percent. The biobased
content shall be determined using the procedures specified in §3201.7(c)(3) of this
chapter. Manufacturers, vendors, groups of manufacturers and/or vendors, and
trade associations may propose an alternative applicable minimum biobased
content for the product by developing, in consultation with USDA, and conducting an
analysis to support the proposed alternative applicable minimum biobased content.
If approved by USDA, the proposed alternative applicable minimum biobased
content would become the applicable minimum biobased content for the complex
assembly to be labeled.
(ii) If a product certified under paragraph (b)(4)(i) of this section is within a
category that USDA subsequently designates for federal preferred procurement, the
applicable minimum biobased content shall become, as of the effective date of the
final designation rule, the minimum biobased content specified for the item as found
in subpart B of 7 CFR part 3201.
(c) Innovative approach. In determining eligibility for certification under the
BioPreferred Program, USDA will consider as eligible only those products that use
innovative approaches in the growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of the biobased product. USDA will consider products
that meet one or more of the criteria in paragraphs (c)(1) through (4) of this section
to be eligible for certification. USDA will also consider other documentation of
innovative approaches in the growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of biobased products on a case by case basis. USDA
may deny certification for any products whose manufacturers are unable to provide
USDA with the documentation necessary to verify claims that innovative approaches
are used in the growing, harvesting, sourcing, procuring, processing, manufacturing,
or application of their biobased products.
(1) Product applications. (i) The biobased product or material is used or applied
in applications that differ from historical applications; or
(ii) The biobased product or material is grown, harvested, manufactured,
processed, sourced, or applied in other innovative ways; or
(iii) The biobased content of the product or material makes its composition
different from products or material used for the same historical uses or applications.
(2) Manufacturing and processing. (i) The biobased product or material is
manufactured or processed using renewable, biomass energy or using technology
that is demonstrated to increase energy efficiency or reduce reliance on fossil-fuel
based energy sources; or

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(ii) The biobased product or material is manufactured or processed with
technologies that ensure high feedstock material recovery and use.
(3) Environmental Product Declaration. The product has a current
Environmental Product Declaration as defined by International Standard ISO 14025,
Environmental Labels and Declarations—Type III Environmental
Declarations—Principles and Procedures.
(4) Raw material sourcing. (i) The raw material used in the product is sourced
from a Legal Source, a Responsible Source, or a Certified Source as designated by
ASTM D7612—10, Standard Practice for Categorizing Wood and Wood-Based
Products According to Their Fiber Sources; or
(ii) The raw material used in the product is 100% resourced or recycled (such
as material obtained from building deconstruction); or
(iii) The raw material used in the product is from an urban environment and is
acquired as a result of activities related to a natural disaster, land clearing, right-ofway maintenance, tree health improvement, or public safety.
[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011;
80 FR 34038, June 15, 2015]

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§3202.5 Initial approval process.
(a) Application. Manufacturers and vendors seeking USDA approval to use the
certification mark for an eligible biobased product must submit a USDA-approved
application for each biobased product. A standardized application form and
instructions are available on the USDA BioPreferred Program Web site
(http://www.biopreferred.gov). The contents of an acceptable application are as
specified in paragraphs (a)(1) through (a)(4) of this section.
(1) General content. The applicant must provide contact information and
product information including all brand names or other identifying information,
intended uses of the product, information to document that one or more of the
innovative approach criteria specified in section 3202.4(c) has been met, and, if
applicable, the corresponding product category classification for federal preferred
procurement. The applicant must also provide a sample of the product to be
analyzed by a third-party, ISO 9001 conformant, testing entity for determination of
the biobased content. In situations where a new product for which certification is
sought is composed of the same biobased ingredients and has the same biobased
content as a product that has already been certified, the manufacturer may, in lieu of
having the new product tested, self-declare the biobased content of the new product
by referencing the tested biobased content of the original certified product.
Certification of the original product must have been obtained by either the

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manufacturer of the new product or by the supplier of the biobased ingredients used
in the new product.
(2) Certifications. The applicant must certify in the application that the product
for which use of the certification mark is sought is a biobased product as defined in
§3202.2 of this part.
(3) Commitments. The applicant must sign a statement in the application that
commits the applicant to submitting to USDA the information specified in paragraph
(c)(1) through (c)(4) of this section, which USDA will post to the USDA BioPreferred
Program Web site, and to providing USDA with up-to-date information for posting on
this Web site.
(4) Application fee. Effective (date to be added after authority to collect fee is
granted), applicants must submit an application fee of $500 with each completed
application for certification. Instructions for submitting the application fee are
available on the USDA BioPreferred Program Web site
(http://www.biopreferred.gov), along with the application form and instructions.
(b) Evaluation of applications. (1) USDA will evaluate each application to
determine if it contains the information specified in paragraph (a) of this section. If
USDA determines that the application is not complete, USDA will return the
application to the applicant with an explanation of its deficiencies. Once the
deficiencies have been addressed, the applicant may resubmit the application, along
with a cover letter explaining the changes made, for re-evaluation by USDA. USDA
will evaluate resubmitted applications separately from first-time applications, and
those with the earliest original application submittal date will be given first priority.
(2)(i) USDA will evaluate each complete application to determine compliance
with the criteria specified in §3202.4. USDA will provide a written response to each
applicant within 60 days after the receipt of a complete application, informing the
applicant of whether the application has been conditionally approved or has been
disapproved.
(ii) For those applications that are conditionally approved, a notice of
certification, as specified in paragraph (c) of this section, must be issued before the
use of the certification mark can begin.
(iii) For those applications that are disapproved, USDA will issue a notice of
denial of certification and will inform the applicant in writing of each criterion not met.
Applicants who receive a notice of denial of certification may appeal using the
procedures specified in §3202.6.
(c) Notice of certification. After notification that its application has been
conditionally approved, the applicant must provide to USDA (for posting by USDA
on the USDA BioPreferred Program Web site) the information specified in

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paragraphs (c)(1) through (c)(4) of this section. Once USDA confirms that the
information is received and complete, USDA will issue a notice of certification to the
applicant. Upon receipt of a notice of certification, the applicant may begin using the
certification mark on the certified biobased product. Paragraph (c)(5) of this section
presents the procedures for revising the information provided under paragraphs (c)
(1) through (4) of this section after a notice of certification has been issued.
(1) The product's brand name(s), or other identifying information.
(2) Contact information, including the name, mailing address, email address,
and telephone number of the applicant.
(3) The biobased content of the product.
(4) A hot link directly to the applicant's Web site (if available).
(5) If at any time, during the application process or after a product has been
certified, any of the information specified in paragraphs (c)(1) through (4) of this
section changes, the applicant must notify USDA of the change within 30 days.
Such notification must be provided in writing to USDA.
(d) Term of certification. (1) The effective date of certification is the date on
which the applicant receives a notice of certification from USDA. Except as specified
in paragraphs (d)(2)(i) through (d)(2)(v) of this section, certifications will remain in
effect as long as the product is manufactured and marketed in accordance with the
approved application and the requirements of this subpart.
(2)(i) If the product formulation of a certified product is changed such that the
biobased content of the product is reduced to a level below that reported in the
approved application, the existing certification will not be valid for the product under
the revised conditions and the manufacturer or vendor, as applicable, and its
designated representatives must discontinue affixing the certification mark to the
product and must not initiate any further advertising of the product using the
certification mark. USDA will consider a product under such revised conditions to be
a reformulated product, and the manufacturer or vendor, as applicable, must submit
a new application for certification using the procedures specified in paragraph (a) of
this section.
(ii) If the product formulation of a certified product is changed such that the
biobased content of the product is increased from the level reported in the approved
application, the existing certification will continue to be valid for the product.
(iii) If the applicable required minimum biobased content for a product to be
eligible to display the certification mark is revised by USDA, manufacturers and
vendors may continue to label their previously certified product only if it meets the
new minimum biobased content level. In those cases where the biobased content of

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a certified product fails to meet the new minimum biobased content level, USDA will
notify the manufacturer or vendor that their certification is no longer valid. Such
manufacturers and vendors must increase the biobased content of their product to a
level at or above the new minimum biobased content level and must re-apply for
certification within 60 days if they wish to continue to use the certification mark.
Manufacturers and vendors who have re-applied for certification may continue using
the existing certification mark until they receive notification from USDA on the results
of their re-application for certification.
(iv) All certifications are subject to USDA periodic auditing activities, as
described in §3202.10(d). If a manufacturer or vendor of a certified biobased product
fails to participate in such audit activities or if such audit activities reveal biobased
content violations, as specified in §3202.8(b)(1), the certification will be subject to
suspension and revocation according to the procedures specified in §3202.8(c).
(v) If USDA discovers that a certification has been issued for an ineligible
biobased product as a result of errors on the part of USDA during the approval
process, USDA will notify the product's manufacturer or vendor in writing that the
certification is revoked effective 30 days from the date of the notice.
[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011;
80 FR 34038, June 15, 2015]

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§3202.6 Appeal processes.
An applicant for certification may appeal a notice of denial of certification to the
Program Manager. Entities that have received a notice of violation, and
manufacturers and vendors of certified biobased products who have received a
notice of suspension or revocation, may appeal to the Program Manager.
(a)(1) Appeals to the Program Manager must be filed within 30 days of receipt
by the appellant of a notice of denial of certification, a notice of violation, a notice of
suspension, or a notice of revocation. Appeals must be filed in writing and
addressed to: Program Manager, USDA Voluntary Labeling Program for Biobased
Products, Room 361, Reporters Building, 300 Seventh Street, SW., Washington, DC
20024.
(2) All appeals must include a copy of the adverse decision and a statement of
the appellant's reasons for believing that the decision was not made in accordance
with applicable program regulations, policies, or procedures, or otherwise was not
proper.
(b)(1) If the Program Manager sustains an applicant's appeal of a notice of
denial of certification, USDA will issue a notice of certification to the applicant for its
biobased product.

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(2) If the Program Manager sustains a manufacturer's or vendor's appeal of a
notice of violation, USDA will rescind the notice and no further action will be taken
by USDA.
(3) If the Program Manager sustains a manufacturer's or vendor's appeal of a
notice of suspension, the manufacturer, vendor, and their designated representative
(s) may immediately resume affixing the certification mark to the certified biobased
product and USDA will reinstate the product's information to the USDA BioPreferred
Program Web site.
(4) If the Program Manager sustains a manufacturer's or vendor's appeal of a
notice of revocation, the manufacturer or vendor, and its designated representatives
may immediately resume affixing the certification mark to the certified biobased
product and sell and distribute the certified biobased product with the certification
mark. In addition, USDA will reinstate the product's information to the USDA
BioPreferred Program Web site.
(c) If the Program Manager sustains a manufacturer's or vendor's appeal of its
product's exclusion from the program, the manufacturers or vendors may then apply
for certification to use the certification mark on that product, as specified in §3202.5
(a) of this part.
(d) Appeals of any of the Program Manager's decisions may be made to the
USDA Assistant Secretary for Administration. Appeals must be made, in writing,
within 30 days of receipt of the Program Manager's decision and addressed to:
Assistant Secretary for Administration, Room 209A, Whitten Building, 1400
Independence Avenue, SW., Washington, DC 20250-0103. If the Assistant
Secretary for Administration sustains an appeal, the provisions of paragraph (b) of
this section will apply.
[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011]

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§3202.7 Requirements associated with the certification mark.
(a) Who may use the certification mark? (1) Manufacturers and vendors. Only
manufacturers and vendors who have received a notice of certification, or
designated representatives of the manufacturer or vendor, may affix the official
certification mark (in one of the three variations, as applicable) to the product or its
packaging. A manufacturer or vendor who has received a notice of certification for a
product under this part:
(i) May use the certification mark on the product, its packaging, and other
related materials including, but not limited to, advertisements, catalogs, specification
sheets, procurement databases, promotional material, Web sites, or user manuals
for that product, according to the requirements set forth in this section; and

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(ii) Is responsible for the manner in which the mark is used by its companies, as
well as its designated representatives, including advertising agencies, marketing
and public relations firms and subcontractors.
(2) Other entities. (i) Other entities may use the mark to advertise or promote
certified biobased products in materials including, but not limited to, advertisements,
catalogs, procurement databases, Web sites, and promotional and educational
materials, as long as the manufacturer or vendor of the product, or one of their
designated representatives, has affixed the mark to the product or its packaging.
(ii) Other entities may use the certification mark; the phrase “USDA Certified
Biobased Product/Package/Product & Package,” as applicable; and the
BioPreferred Program name in general statements as described in paragraph (b) of
this section, as long as the statements do not imply that a non-certified biobased
product is certified.
(b) Correct usage of the certification mark. (1) The certification mark can be
affixed only to certified biobased products and their associated packaging.
(2) The certification mark may be used in material including, but not limited to,
advertisements, catalogs, procurement databases, Web sites, and promotional and
educational materials to distinguish products that are certified for use of the label
from those that are not certified. The certification mark may be used in
advertisements for both certified biobased products and non-certified/labeled
products if the advertisement clearly indicates which products are certified/labeled.
Care must be taken to avoid implying that any non-certified products are certified.
(3) The certification mark may be used without reference to a specific certified
biobased product only when informing the public about the purpose of the
certification mark. For example, the following or similar claim is acceptable: “Look for
the ‘USDA Certified Biobased Product’ certification mark. It means that the product
meets USDA standards for the amount of biobased content and the manufacturer or
vendor has provided relevant information on the product to be posted on the USDA
BioPreferred Program Web site.” This exception allows manufacturers, vendors, and
other entities to use the certification mark in documents such as corporate reports,
but only in an informative manner, not as a statement of product certification.
(4) The certification mark may appear next to a picture of the product(s) or text
describing it.
(5) The certification mark must stand alone and not be incorporated into any
other certification mark or logo designs.
(6) The certification mark may be used as a watermark provided the use does
not violate any usage restrictions specified in this part.

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(7) The text portion of the certification mark must be written in English and may
not be translated, even when the certification mark is used outside of the United
States.
(c) Incorrect usage of the certification mark. (1) The certification mark shall not
be used on any product that has not been certified by USDA as a “USDA Certified
Biobased Product.”
(2) The certification mark shall not be used on any advertisements or
informational materials where both certified biobased products and non-certified
products are shown unless it is clear that the certification mark applies to only the
certified biobased product(s).
(3) The certification mark shall not be used to imply endorsement by USDA or
the BioPreferred Program of any particular product, service, or company.
(4) The certification mark shall not be used in any form that could be misleading
to the consumer.
(5) The certification mark shall not be used by manufacturers or vendors of
certified products in a manner disparaging to USDA or any other government body.
(6) The certification mark shall not be used with an altered certification mark or
incorporated into other label or logo designs.
(7) The certification mark shall not be used on business cards, company
letterhead, or company stationery.
(8) The certification mark shall not be used in, or as part of, any company
name, logo, product name, service, or Web site, except as may be provided for in
this part.
(9) The certification mark shall not be used in a manner that violates any of the
applicable requirements contained in this part.
(d) Imported products. The certification mark can be used only with a product
that is certified by USDA under this part. The certification mark cannot be used to
imply that a product meets or exceeds the requirements of biobased programs in
other countries. Products imported for sale in the U.S. must adhere to the same
guidelines as U.S.-sourced biobased products. Any product sold in the U.S. as a
“USDA Certified Biobased Product/Package/Product & Package” must have
received certification from USDA.
(e) Contents of the certification mark. The certification mark shall consist of the
certification mark artwork, the biobased content percentage, and one of the three
variations of text specified in paragraphs (e)(1) through (e)(3) of this section, as
applicable.

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(1) USDA Certified Biobased Product.
(2) USDA Certified Biobased Product: Package.
(3) USDA Certified Biobased Product & Package.
(f) Physical aspects of the certification mark. The certification mark artwork may
not be altered, cut, separated into components, or distorted in appearance or
perspective. Certification marks that are applied to biobased products that have
been designated for preferred Federal procurement will include the letters “FP” as
part of the certification mark artwork. The certification mark must appear only in the
colors specified in paragraphs (f)(1) through (f)(3) of this section, unless approval is
given by USDA for an exception.
(1) A multi-color version of the certification mark is preferred. The certification
mark colors to be applied will be stipulated in the “Marketing Guides” document
available on the USDA BioPreferred Program Web site
(http://www.biopreferred.gov).
(2) A one-color version of the certification mark may be substituted for the multicolor version as long as the one color used is one of the multi-color choices
reapplied without modification. Further guidance on the one-color certification mark
application will also be detailed in the “Marketing Guides.”
(3) A black and white version of the certification mark is acceptable.
(g) Placement of the certification mark. (1) The certification mark can appear
directly on a product, its associated packaging, in user manuals, and in other
materials including, but not limited to, advertisements, catalogs, procurement
databases, and promotional and educational materials.
(2) The certification mark shall not be placed in a manner that is ambiguous
about which product is a certified biobased product or that could indicate certification
of a non-certified product.
(3) When used to distinguish a certified biobased product in material including,
but not limited to, advertisements, catalogs, procurement databases, Web sites, and
promotional and educational materials, the certification mark must appear near a
picture of the product or the text describing it.
(i) If all products on a page are certified biobased products, the certification
mark may be placed anywhere on the page.
(ii) If a page contains a mix of certified biobased products and non-certified
products, the certification mark shall be placed in close proximity to the certified
biobased products. An individual certification mark near each certified biobased
product may be necessary to avoid confusion.

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(h) Minimum size and clear space recommendations for the certification
mark—(1) The certification mark may be sized to fit the individual application as long
as the correct proportions are maintained and the certification mark remains legible.
(2) A border of clear space must surround the certification mark and must be of
sufficient width to offset it from surrounding images and text and to avoid confusion.
If the certification mark's color is similar to the background color of the product or
packaging, the certification mark in a contrasting (i.e., black, white) color may be
used.
(i) Where to obtain copies of the certification mark artwork. The certification
mark artwork is available at the USDA BioPreferred Program Web site
http://www.biopreferred.gov.
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§3202.8 Violations.
This section identifies the types of actions that USDA considers violations under
this part and the penalties (e.g., the suspension or revocation of certification)
associated with such violations.
(a) General. Violations under this section occur on a per product basis and the
penalties are to be applied on a per product basis. Entities cited for a violation under
this section may appeal using the provisions in §3202.6. If certification for a product
is revoked, the manufacturer or vendor whose certification has been revoked may
seek re-certification for the product using the procedures specified under the
provisions in §3202.5.
(b) Types of violations. Actions that will be considered violations of this part
include, but are not limited to, the following specific examples:
(1) Biobased content violations. The Program Manager will utilize occasional
random testing of certified biobased products to compare the biobased content of
the tested product with the product's applicable minimum biobased content and the
biobased content reported by the manufacturer or vendor in its approved
application. Such testing will be conducted using ASTM Method D6866. USDA will
provide a copy of the results of its testing to the applicable manufacturer or vendor.
(i) If USDA testing shows that the biobased content of a certified biobased
product is less than its applicable minimum biobased content, then a violation of this
part will have occurred.
(ii) If USDA testing shows that the biobased content is less than that reported
by the manufacturer or vendor in its approved application, but is still equal to or
greater than its applicable minimum biobased content(s), USDA will provide written
notification to the manufacturer or vendor. The manufacturer or vendor must submit,

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within 90 days from receipt of USDA written notification, a new application for the
lower biobased content. Failure to submit a new application within 90 days will be
considered a violation of this part.
(A) The manufacturer or vendor can submit in the new application the biobased
content reported to it by USDA in the written notification.
(B) Alternatively, the manufacturer or vendor may elect to retest the product in
question and submit the results of the retest in the new application. If the
manufacturer or vendor elects to retest the product, it must test a sample of the
current product.
(2) Certification mark violations. (i) Any usage or display of the certification mark
that does not conform to the requirements specified in §3202.7.
(ii) Affixing the certification mark to any product prior to issuance of a notice of
certification from USDA.
(iii) Affixing the certification mark to a certified biobased product during periods
when certification has been suspended or revoked.
(3) Application violations. Knowingly providing false or misleading information in
any application for certification of a biobased product constitutes a violation of this
part.
(4) USDA BioPreferred Program Web site violations. Failure to provide to USDA
updated information when the information for a certified biobased product becomes
outdated or when new information for a certified biobased product becomes
available constitutes a violation of this part.
(c) Notice of violations and associated actions. USDA will provide the applicable
manufacturer or vendor or their designated representatives and any involved other
entity known to USDA written notification of any violations identified by USDA.
USDA will first issue a preliminary notice that apparent violations have been
identified. If satisfactory resolution of the apparent violation is not reached within 30
days from receipt of the preliminary notice, USDA will issue a notice of violation.
Entities who receive a notice of violation for a biobased content violation must
correct the violation(s) within 90 days from receipt of the notice of violation. Entities
who receive a notice of violation for other types of violations also must correct the
violation(s) within 90 days from receipt of the notice of violation. If the entity
receiving a notice of violation is a manufacturer, a vendor, or a designated
representative of a manufacturer or vendor, USDA will pursue notices of
suspensions and revocation, as discussed in paragraphs (c)(1) and (c)(2) of this
section. USDA reserves the right to further pursue action against these entities as
provided for in paragraph (c)(3) of this section. If the entity receiving a notice of
violation is an “other entity” (i.e., not a manufacturer, vendor, or designated

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representative), then USDA will pursue action according to paragraph (c)(3) of this
section. Entities that receive notices of suspension or revocation may appeal such
notices using the procedures specified in §3202.6.
(1) Suspension. (i) If a violation is applicable to a manufacturer, vendor, or
designated representative and the applicable entity fails to make the required
corrections within 90 days of receipt of a notice of violation, USDA will notify the
manufacturer or vendor, as appropriate, of the continuing violation, and the USDA
certification for that product will be suspended. As of the date that the manufacturer
or vendor receives a notice of suspension, the manufacturer or vendor and their
designated representatives must not affix the certification mark to any of that
product, or associated packaging, not already labeled and must not distribute any
additional products bearing the certification mark. USDA will both remove the
product information from the USDA BioPreferred Program Web site and actively
communicate the product suspension to buyers in a timely and overt manner.
(ii) If, within 30 days from receipt of the notice of suspension, the manufacturer
or vendor whose USDA product certification has been suspended makes the
required corrections and notifies USDA that the corrections have been made, the
manufacturer or vendor and their designated representatives may, upon receipt of
USDA approval of the corrections, resume use of the certification mark. USDA will
also restore the product information to the USDA BioPreferred Program Web site.
(2) Revocation. (i) If a manufacturer or vendor whose USDA product
certification has been suspended fails to make the required corrections and notify
USDA of the corrections within 30 days of the date of the suspension, USDA will
notify the manufacturer or vendor that the certification for that product is revoked.
(ii) As of the date that the manufacturer or vendor receives the notice revoking
USDA certification, the manufacturer or vendor and their designated representatives
must not affix the certification mark to any of that product not already labeled. In
addition, the manufacturer or vendor and their designated representatives are
prohibited from further sales of product to which the certification mark is affixed.
(iii) If a manufacturer or vendor whose product certification has been revoked
wishes to use the certification mark, the manufacturer or vendor must follow the
procedures required for original certification.
(3) Other remedies. In addition to the suspension or revocation of the
certification to use the label, depending on the nature of the violation, USDA may
pursue suspension or debarment of the entities involved in accordance with 2 CFR
part 417 and 48 CFR subpart 9.4. USDA further reserves the right to pursue any
other remedies available by law, including any civil or criminal remedies, against any
entity that violates the provisions of this part.

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[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011;
80 FR 34039, June 15, 2015]

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§3202.9 Recordkeeping requirements.
(a) Records. Manufacturers and vendors shall maintain records documenting
compliance with this part for each product that has received certification to use the
label, as specified in paragraphs (a)(1) through (a)(3) of this section.
(1) The results of all tests, and any associated calculations, performed to
determine the biobased content of the product.
(2) The date the applicant receives certification from USDA, the dates of
changes in formulation that affect the biobased content of certified biobased
products, and the dates when the biobased content of certified biobased products
was tested.
(3) Documentation of analyses performed by manufacturers to support claims of
environmental or human health benefits, life cycle cost, sustainability benefits, and
product performance made by the manufacturer.
(b) Record retention. For each certified biobased product, records kept under
paragraph (a) of this section must be maintained for at least three years beyond the
end of the label certification period (i.e., three years beyond the period of time when
manufacturers and vendors cease using the certification mark). Records may be
kept in either electronic format or hard copy format. All records kept in electronic
format must be readily accessible, and/or provided by request during a USDA audit.
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§3202.10 Oversight and monitoring.
(a) General. USDA will conduct oversight and monitoring of manufacturers,
vendors, designated representatives, and other entities involved with the voluntary
product labeling program to ensure compliance with this part. This oversight will
include, but not be limited to, conducting facility visits of manufacturers and vendors
who have certified biobased products, and of their designated representatives.
Manufacturers, vendors, and their designated representatives are required to
cooperate fully with all USDA audit efforts for the enforcement of the voluntary
labeling program.
(b) Biobased content testing. USDA will conduct biobased content testing of
certified biobased products, as described in §3202.8(b)(1) to ensure compliance
with this part.

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(c) Inspection of records. Manufacturers, vendors, and their designated
representatives must allow Federal representatives access to the records required
under §3202.9 for inspection and copying during normal Federal business hours.
(d) Audits. USDA expects to conduct audits of the voluntary labeling program
on an ongoing basis with audit activities conducted every other calendar year (biannually). Audit activities will include three stages and will be conducted in
sequential order as follows:
(1) Stage 1 auditing includes contacting all participants via email and requesting
that they complete a “Declaration of Conformance Form.” Program participants are
asked to confirm that they still manufacture the product and that the formulation and
manufacturing processes remain the same. Participants are also asked to list all
active products and advise the USDA of any complaints regarding the claim of the
biobased content. The first Stage 1 auditing activity was completed in 2012 and the
second Stage 1 audit will be conducted in 2018.
(2) Stage 2 auditing consists of a random sampling of certified products to
confirm the accuracy of biobased content percentages claimed. The participants
whose products are selected will be required to submit product samples to be tested
by independent testing labs at USDA expense. The first Stage 2 auditing activity
began in 2014 and is scheduled to be completed during 2015 and the second Stage
2 audit will be conducted in 2020.
(3) Stage 3 auditing requires manufacturers of products that have been certified
for 5 years or more to have their products re-tested at their expense to confirm that
the biobased content remains at or above the level at which the product was
originally certified. The first Stage 3 auditing activity is scheduled to be completed
during 2016 and the second Stage 3 audit will be conducted in 2022.
[76 FR 3806, Jan. 20, 2011. Redesignated and amended at 76 FR 53632, Aug. 29, 2011;
80 FR 34039, June 15, 2015]

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