7 CFR 3201 Guidelines for Designating Biobased Products for Federal Procurement

Office of Procurement and Property Management, USDA
§ 3200.7 Title.
Title to excess personal property obtained under Part 3200 will automatically pass to the 1890 Land Grant Institutions (including Tuskegee University), 1994 Land Grant Institutions, and
the Hispanic-Serving Institutions once
USDA receives the SF–122 indicating
that the institution has received the
property. Note: When competing Federal claims are made for particular
items of excess personal property held
by agencies other than USDA, with or
without payment of reimbursement,
GSA will give preference to the Federal
agency that will retain title in the
Government.
§ 3200.8 Costs.
Excess personal property obtained
under this part is provided free of
charge. However, the institution must
pay all costs associated with packaging
and transportation. The institution
should specify the method of shipment
on the SF–122.

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§ 3200.9 Accountability
and
record
keeping.
USDA requires that Federal excess
personal property received by an eligible institution pursuant to this part
shall be placed into use for a research,
educational, technical, or scientific activity, or for a related purpose, within
1 year of receipt of the property, and
used for such purpose for at least 1
year thereafter. The institution’s property management officer must establish and maintain accountable records
identifying the property’s location, description, utilization and value. To ensure that the excess personal property
is being used for its intended purpose
under this part, compliance reviews
will be conducted by an authorized representative of USDA. The review will
include site visit inspections of the
property and the accountability and
record keeping systems.
§ 3200.10 Disposal.
Once the requirements in § 3200.9 are
met for retention and use of property
by the Institution and title is transferred, Federal excess personal property (FEPP) no longer needed by an Institution will be disposed of in accordance with the Institution’s disposal

Pt. 3201

practices. Regardless of ownership,
FEPP must never be disposed of in any
manner which is detrimental or dangerous to public health or safety. Also,
any costs incurred during the disposal
process are the responsibility of the Institution.
[68 FR 75108, Dec. 30, 2003]

§ 3200.11 Liabilities and losses.
USDA assumes no liability with respect to accidents, bodily injury, illness, or any other damages or loss related to excess personal property transferred under this part.

PART 3201—GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS
FOR FEDERAL PROCUREMENT
Subpart A—General
Sec.
3201.1 Purpose and scope.
3201.2 Definitions.
3201.3 Applicability to Federal procurements.
3201.4 Procurement programs.
3201.5 Category designation.
3201.6 Providing product information to
Federal agencies.
3201.7 Determining biobased content.
3201.8 Determining price, environmental
and health benefits, and performance.
3201.9 [Reserved]

Subpart B—Designated Product Categories
and Intermediate Ingredients or Feedstocks
3201.10 Mobile equipment hydraulic fluids.
3201.11 Roof coatings.
3201.12 Water tank coatings.
3201.13 Diesel fuel additives.
3201.14 Penetrating lubricants.
3201.15 Bedding, bed linens, and towels.
3201.16 Adhesive and mastic removers.
3201.17 Plastic insulating foam for residential and commercial construction.
3201.18 Hand cleaners and sanitizers.
3201.19 Composite panels.
3201.20 Fluid-filled transformers.
3201.21 Disposable containers.
3201.22 Fertilizers.
3201.23 Sorbents.
3201.24 Graffiti and grease removers.
3201.25 2-Cycle engine oils.
3201.26 Lip care products.
3201.27 Films.
3201.28 Stationary
equipment
hydraulic
fluids.
3201.29 Disposable cutlery.
3201.30 Glass cleaners.

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Pt. 3201

7 CFR Ch. XXXII (1–1–20 Edition)

3201.31 Greases.
3201.32 Dust suppressants.
3201.33 Carpets.
3201.34 Carpet and upholstery cleaners.
3201.35 Bathroom and spa cleaners.
3201.36 Concrete and asphalt release fluids.
3201.37 De-Icers.
3201.38 Firearm cleaners, lubricants, and
protectants.
3201.39 Floor strippers.
3201.40 Laundry products.
3201.41 Metalworking fluids.
3201.42 Wood and concrete sealers.
3201.43 Chain and cable lubricants.
3201.44 Corrosion preventatives.
3201.45 Food cleaners.
3201.46 Forming lubricants.
3201.47 Gear lubricants.
3201.48 General purpose household cleaners.
3201.49 Industrial cleaners.
3201.50 Multipurpose cleaners.
3201.51 Parts wash solutions.
3201.52 Disposable tableware.
3201.53 Expanded polystyrene foam recycling products.
3201.54 Heat transfer fluids.
3201.55 Ink removers and cleaners.
3201.56 Mulch and compost materials.
3201.57 Multipurpose lubricants.
3201.58 [Reserved]
3201.59 Topical pain relief products.
3201.60 Turbine drip oils.
3201.61 Animal repellents.
3201.62 Bath products.
3201.63 Bioremediation materials.
3201.64 Compost activators and accelerators.
3201.65 Concrete and asphalt cleaners.
3201.66 Cuts, burns, and abrasions ointments.
3201.67 Dishwashing products.
3201.68 Erosion control materials.
3201.69 Floor cleaners and protectors.
3201.70 Hair care products.
3201.71 Interior paints and coatings.
3201.72 Oven and grill cleaners.
3201.73 Slide way lubricants.
3201.74 Thermal shipping containers.
3201.75 Air fresheners and deodorizers.
3201.76 Asphalt and tar removers.
3201.77 Asphalt restorers.
3201.78 Blast media.
3201.79 Candles and wax melts.
3201.80 Electronic components cleaners.
3201.81 Floor coverings (non-carpet).
3201.82 Foot care products.
3201.83 Furniture cleaners and protectors.
3201.84 Inks.
3201.85 Packing and insulating materials.
3201.86 Pneumatic equipment lubricants.
3201.87 Wood and concrete stains.
3201.88 Agricultural spray adjuvants.
3201.89 Animal cleaning products.
3201.90 Deodorants.
3201.91 Dethatcher products.
3201.92 Fuel conditioners.

3201.93 Leather, vinyl, and rubber care products.
3201.94 Lotions and moisturizers.
3201.95 Shaving products.
3201.96 Specialty precision cleaners and solvents.
3201.97 Sun care products.
3201.98 Wastewater systems coatings.
3201.99 Water and wastewater treatment
chemicals.
3201.100 Aircraft and boat cleaners.
3201.101 Automotive care products.
3201.102 Engine crankcase oil.
3201.103 Gasoline fuel additives.
3201.104 Metal cleaners and corrosion removers.
3201.105 Microbial cleaning products.
3201.106 Paint removers.
3201.107 Water turbine bearing oils.
3201.108 Intermediates—Plastic Resins.
3201.109 Intermediates—Chemicals.
3201.110 Intermediates—Paint and Coating
Components.
3201.111 Intermediates—Textile Processing
Materials.
3201.112 Intermediates—Foams.
3201.113 Intermediates—Fibers and Fabrics.
3201.114 Intermediates—Lubricant Components.
3201.115 Intermediates—Binders.
3201.116 Intermediates—Cleaner
Components.
3201.117 Intermediates—Personal Care Product Components.
3201.118 Intermediates—Oils,
Fats,
and
Waxes.
3201.119 Intermediates—Rubber Materials.
3201.120 Adhesives.
3201.121 Animal habitat care products.
3201.122 Cleaning tools.
3201.123 Concrete curing agents.
3201.124 Concrete repair materials.
3201.125 Durable cutlery.
3201.126 Durable tableware.
3201.127 Epoxy systems.
3201.128 Exterior paints and coatings.
3201.129 Facial care products.
3201.130 Feminine care products.
3201.131 Fire logs and fire starters.
3201.132 Folders and filing products.
3201.133 Foliar sprays.
3201.134 Gardening supplies and accessories.
3201.135 Heating fuels and wick lamps.
3201.136 Kitchenware and accessories.
3201.137 Other lubricants.
3201.138 Phase change materials.
3201.139 Playground and athletic surface
materials.
3201.140 Powder coatings.
3201.141 Product packaging.
3201.142 Rugs and floor mats.
3201.143 Shopping and trash bags.
3201.144 Soil amendments.
3201.145 Surface guards, molding, and trim.
3201.146 Toys and sporting gear.
3201.147 Traffic and zone marking paints.
3201.148 Transmission fluids.

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3201.149

Wall coverings.

SOURCE: 70 FR 1809, Jan. 11, 2005, unless
otherwise noted.
AUTHORITY: 7 U.S.C. 8102.

Subpart A—General
SOURCE: 70 FR 1809, Jan. 11, 2005, unless
otherwise noted. Redesignated at 76 FR 53632,
Aug. 29, 2011.

§ 3201.1

Purpose and scope.

(a) Purpose. The purpose of the guidelines in this part is to assist procuring
agencies in complying with the requirements of section 9002 of the Farm
Security and Rural Investment Act of
2002 (FSRIA), Public Law 107–171, 116
Stat. 476 (7 U.S.C. 8102), as amended by
the Food, Conservation, and Energy
Act of 2008, Public Law 110–246, 122
Stat. 1651, as they apply to the procurement of the products designated in subpart B of this part.
(b) Scope. The guidelines in this part
establish a process for designating categories of products that are, or can be,
produced with biobased components
and materials and whose procurement
by procuring agencies and other relevant stakeholders will carry out the
objectives of section 9002 of FSRIA.
The guidelines also establish a process
for designating categories of intermediate ingredients and feedstocks
that are, or can be, used to produce
final products that will be designated
and, thus, subject to Federal preferred
procurement. The guidelines also establish a process for calculating the
biobased content of complex assembly
products, whose biobased content cannot be measured following ASTM
Standard Method D6866, and for designating complex assembly product categories.
[76 FR 6321, Feb. 4, 2011, as amended at 79 FR
44654, Aug. 1, 2014]

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§ 3201.2

Definitions.

These definitions apply to this part:
Agricultural materials. Agriculturalbased, including plant, animal, and marine materials, raw materials or residues used in the manufacture of commercial or industrial, nonfood/nonfeed
products.

§ 3201.2

ASTM International. ASTM International, a nonprofit organization organized in 1898, is one of the largest
voluntary standards development organizations in the world with about 30,000
members in over 100 different countries. ASTM provides a forum for the
development and publication of voluntary consensus standards for materials, products, systems, and services.
BEES. An acronym for ‘‘Building for
Environmental and Economic Sustainability,’’ an analytic tool used to determine the environmental and health
benefits and life cycle costs of products
and materials, developed by the U.S.
Department of Commerce National Institute of Standards and Technology.
Biobased components. Any intermediary biobased materials or parts
that, in combination with other components, are functional parts of the
biobased product.
Biobased content. Biobased content
shall be determined based on the
amount of biobased carbon in the material or product as a percent of weight
(mass) of the total organic carbon in
the material or product.
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.
Biodegradability.
A
quantitative
measure of the extent to which a material is capable of being decomposed by
biological agents, especially bacteria.
Biological products. Products derived
from living materials other than agricultural or forestry materials.
Complex assembly. A system of distinct materials and components assembled to create a finished product with
specific functional intent where some

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§ 3201.2

7 CFR Ch. XXXII (1–1–20 Edition)

or all of the system inputs contain
some amount of biobased material or
feedstock.
Designated intermediate ingredient or
feedstock category. A generic grouping
of biobased intermediate ingredients or
feedstocks identified in subpart B of
this part that, when comprising more
than 50 percent (or another amount as
specified in subpart B of this part) of a
resultant final product, qualifies the
resultant final product for the procurement preference established under section 9002 of FSRIA.
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 this part, that is
eligible for the procurement preference
established under section 9002 of
FSRIA.
Diluent. A substance used to diminish
the strength, scent, or other basic
property of a substance.
Engineered wood products. Products
produced with a combination of wood,
food fibers and adhesives.
EPA-designated recovered content product. A product, designated under the
Resource Conservation and Recovery
Act, that is subject to Federal procurement as specified in section 6002 of the
Solid Waste Disposal Act (42 U.S.C.
6962), whereby Federal agencies must
give preferred procurement to those
products composed of the highest percentage of recovered materials practicable, subject to availability, cost,
and performance.
FCEA. The Food, Conservation and
Energy Act of 2008, Pub. L. 110–246.
Federal agency. Any executive agency
or independent establishment in the
legislative or judicial branch of the
Government (except the Senate, the
House of Representatives, the Architect of the Capitol, and any activities
under the Architect’s direction).
Filler. A substance added to a product
to increase the bulk, weight, viscosity,
strength, or other property.
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.
Forest thinnings. Refers to woody materials removed from a dense forest,
primarily to improve growth, enhance
forest health, or recover potential mortality. (To recover potential mortality
means to remove trees that are going
to die in the near future.)
Formulated product. A product that is
prepared or mixed with other ingredients, according to a specified formula
and includes more than one ingredient.
FSRIA. The Farm Security and Rural
Investment Act of 2002, Public Law 107–
171, 116 Stat. 134 (7 U.S.C. 8102).
Functional unit. A measure of product
technical performance that provides a
common reference to which all environmental and economic impacts of
the product are scaled. This reference
is necessary to ensure comparability of
performance results across competing
products. Comparability of results is
critical when competing product alternatives are being assessed to ensure
that such comparisons are made on a
common basis. For example, the functional unit for competing interior
paint products may be defined as ‘‘protecting one square foot of interior wall
surface for 50 years.’’
Ingredient. A component; part of a
compound or mixture; may be active or
inactive.
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 from 145
countries working in partnership with
international organizations, governments, industries, business, and consumer representatives.

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Neat product. A product that is made
of only one ingredient and is not diluted or mixed with other substances.
Procuring agency. Any Federal agency
that is using Federal funds for procurement or any person contracting with
any Federal agency with respect to
work performed under the contract.
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 this part.
Relative price. The price of a product
as compared to the price of other products on the market that have similar
performance characteristics.
Relevant stakeholder. Individuals or
officers of state or local government
organizations, private non-profit institutions or organizations, and private
businesses or consumers.
Renewable chemical. A monomer,
polymer, plastic, formulated product,
or chemical substance produced from
renewable biomass.
Residues. That which remains after a
part is taken, separated, removed, or
designated; a remnant; a remainder;
and, for this purpose, is from agricultural materials, biological products, or
forestry materials.
Secretary. The Secretary of the
United States Department of Agriculture.
Small and emerging private business enterprise. Any private business which
will employ 50 or fewer new employees
and has less than $1 million in projected annual gross revenues.
Sustainably managed forests. Refers to
the practice of a land stewardship ethic
that integrates the reforestation, management, growing, nurturing, and harvesting of trees for useful products
while conserving soil and improving air
and water quality, wildlife, fish habitat, and aesthetics.
[70 FR 1809, Jan. 11, 2005, as amended at 71
FR 13704, Mar. 16, 2006; 71 FR 42575, July 27,
2006; 76 FR 6321, Feb. 4, 2011; 79 FR 44654, Aug.
1, 2014; 80 FR 34029, June 15, 2015]

§ 3201.3

§ 3201.3 Applicability to Federal procurements.
(a) Applicability to procurement actions. The guidelines in this part apply
to all procurement actions by procuring agencies involving items designated by USDA in this part, where
the procuring agency purchases $10,000
or more worth of one of these items
during the course of a fiscal year, or
where the quantity of such items or of
functionally equivalent items purchased during the preceding fiscal year
was $10,000 or more. The $10,000 threshold applies to Federal agencies as a
whole rather than to agency subgroups
such as regional offices or subagencies
of a larger Federal department or agency.
(b) Exception for procurements subject
to EPA regulations under the Solid Waste
Disposal Act. For any procurement by
any procuring agency that is subject to
regulations of the Administrator of the
Environmental
Protection
Agency
under section 6002 of the Solid Waste
Disposal Act as amended by the Resource Conservation Act of 1976 (40
CFR part 247), these guidelines do not
apply to the extent that the requirements of this part are inconsistent
with such regulations.
(c) Procuring products composed of the
highest percentage of biobased content.
Section 9002(a)(2) of FSRIA requires
procuring agencies to procure qualified
biobased products composed of the
highest percentage of biobased content
practicable or such products that comply with the regulations issued under
section 103 of Public Law 100–556 (42
U.S.C. 6914b–1). Procuring agencies
may decide not to procure such qualified biobased products if they are not
reasonably priced or readily available
or do not meet specified or reasonable
performance standards.
(d) This guideline does not apply to
purchases of qualified biobased products that are unrelated to or incidental
to Federal funding; i.e., not the direct
result of a contract or agreement with
persons supplying items to a procuring
agency or providing support services
that include the supply or use of products.
(e) Exemptions. The following applications are exempt from the preferred
procurement requirements of this part:

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§ 3201.4

7 CFR Ch. XXXII (1–1–20 Edition)

(1) Military equipment: Products or
systems designed or procured for combat or combat-related missions.
(2) Spacecraft systems and launch
support equipment.
[71 FR 42575, July 27, 2006, as amended at 73
FR 27953, May 14, 2008; 76 FR 6321, Feb. 4,
2011; 79 FR 44655, Aug. 1, 2014]

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§ 3201.4

Procurement programs.

(a) Integration into the Federal procurement framework. The Office of Federal Procurement Policy, in cooperation with USDA, has the responsibility
to coordinate this policy’s implementation in the Federal procurement regulations. These guidelines are not intended to address full implementation
of these requirements into the Federal
procurement framework. This will be
accomplished through revisions to the
Federal Acquisition Regulation.
(b) Federal agency preferred procurement programs. (1) On or before July 31,
2015, each Federal agency shall develop
a procurement program which will assure that qualified biobased products
are purchased to the maximum extent
practicable and which is consistent
with applicable provisions of Federal
procurement laws. Each procurement
program shall contain:
(i) A preference program for purchasing qualified biobased products;
(ii) A promotion program to promote
the preference program;
(iii) Provisions for the annual review
and monitoring of the effectiveness of
the procurement program; and
(iv) Provisions for reporting quantities and types of biobased products
purchased by the Federal agency.
(2) In developing the preference program, Federal agencies shall adopt one
of the following options, or a substantially equivalent alternative, as part of
the procurement program:
(i) A policy of awarding contracts on
a case-by-case basis to the vendor offering a qualified biobased product
composed of the highest percentage of
biobased content practicable except
when such products:
(A) Are not available within a reasonable time;
(B) Fail to meet performance standards set forth in the applicable specifications, or the reasonable perform-

ance standards of the Federal agency;
or
(C) Are available only at an unreasonable price.
(ii) A policy of setting minimum
biobased content specifications in such
a way as to assure that the required
biobased content of qualified biobased
products is consistent with section 9002
of FSRIA and the requirements of the
guidelines in this part except when
such products:
(A) Are not available within a reasonable time;
(B) Fail to meet performance standards for the use to which they will be
put, or the reasonable performance
standards of the Federal agency; or
(C) Are available only at an unreasonable price.
(3) In implementing the preference
program, Federal agencies shall treat
as eligible for the preference biobased
products from ‘‘designated countries,’’
as that term is defined in section 25.003
of the Federal Acquisition Regulation,
provided that those products otherwise
meet all requirements for participation
in the preference program.
(4) No later than June 15, 2016, each
Federal agency shall establish a targeted biobased-only procurement requirement under which the procuring
agency shall issue a certain number of
biobased-only contracts when the procuring agency is purchasing products,
or purchasing services that include the
use of products, that are included in a
biobased product category designated
by the Secretary.
(c) Procurement specifications. After
the publication date of each designated
product category and each designated
intermediate ingredient or feedstock
category, Federal agencies that have
the responsibility for drafting or reviewing specifications for products procured by Federal agencies shall ensure
within a specified time frame that
their specifications require the use of
qualified biobased products, consistent
with the guidelines in this part. USDA
will specify the allowable time frame
in each designation rule. The biobased
content of qualified biobased products
within a designated product category
or a designated intermediate ingredient or feedstock category may vary
considerably from product to product

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Office of Procurement and Property Management, USDA
based on the mix of ingredients used in
its
manufacture.
Likewise,
the
biobased content of qualified biobased
products that qualify because they are
made from materials within designated
intermediate ingredient or feedstock
categories may also vary significantly.
In procuring qualified biobased products, the percentage of biobased content should be maximized, consistent
with achieving the desired performance
for the product.

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[70 FR 1809, Jan. 11, 2005, as amended at 71
FR 42575, July 27, 2006; 76 FR 6322, Feb. 4,
2011; 79 FR 44655, Aug. 1, 2014; 80 FR 34029,
June 15, 2015]

§ 3201.5 Category designation.
(a) Procedure. Designated product
categories, designated intermediate ingredient or feedstock categories, and
designated final product categories
composed of qualifying intermediate
ingredients or feedstocks are listed in
subpart B of this part.
(1) In designating product categories,
USDA will designate categories composed of generic groupings of specific
products or complex assemblies and
will identify the minimum biobased
content for each listed category or subcategory. As product categories are
designated for procurement preference,
they will be added to subpart B of this
part.
(2) In designating intermediate ingredient or feedstock categories, USDA
will designate categories composed of
generic groupings of specific intermediate ingredients or feedstocks, and
will identify the minimum biobased
content for each listed category or subcategory. As categories are designated
for product qualification, they will be
added to subpart B of this part. USDA
encourages manufacturers and vendors
of intermediate ingredients or feedstocks to provide USDA with information relevant to significant potential
applications for intermediate ingredients or feedstocks, including estimates
of typical formulation rates.
(3) During the process of designating
intermediate ingredient or feedstock
categories, USDA will also gather information on the various types of final
products that are, or can be, made from
those intermediate ingredients or feedstocks. Final products that fall within

§ 3201.5

existing designated product categories
will be subject to the minimum
biobased content requirements for
those product categories, as specified
in subpart B of this part. New product
categories that are identified during
the information gathering process will
be listed in the FEDERAL REGISTER proposed rule for designating the intermediate ingredient or feedstock categories. A minimum biobased content
for each of the final product categories
will also be identified based on the
amount of designated intermediate ingredients or feedstocks such products
contain. Public comment will be invited on the list of potential final product categories, and the minimum
biobased content for each, as well as on
the intermediate ingredient and feedstock categories being proposed for
designation. Public comments on the
list of potential final product categories will be considered, along with
any additional information gathered by
USDA, and the list will be finalized.
When the final rule designating the intermediate ingredient or feedstock categories, by adding them to subpart B of
this part, is published in the FEDERAL
REGISTER, the list of final product categories will also be added to subpart B
of this part. Once these final product
categories are listed in subpart B of
this part, they will become eligible for
the Federal procurement preference.
(b) Considerations. (1) In designating
product categories and intermediate
ingredient or feedstock categories,
USDA will consider the availability of
qualified biobased products and the
economic and technological feasibility
of using such products, including price.
USDA will gather information on individual qualified biobased products
within a category and extrapolate that
information to the category level for
consideration
in
designating
categories.
(2) In designating product categories
and intermediate ingredient or feedstock categories for 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

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§ 3201.6

7 CFR Ch. XXXII (1–1–20 Edition)

more of the criteria in paragraphs
(b)(2)(i) through (iv) of this section to
be eligible for the BioPreferred Program. 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 exclude from the BioPreferred
Program 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.
(i) Product applications. (A) The
biobased product or material is used or
applied in applications that differ from
historical applications; or
(B) The biobased product or material
is grown, harvested, manufactured,
processed, sourced, or applied in other
innovative ways; or
(C) The biobased content of the product or material makes its composition
different from products or material
used for the same historical uses or applications.
(ii) Manufacturing and processing. (A)
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
(B) The biobased product or material
is manufactured or processed with
technologies that ensure high feedstock material recovery and use.
(iii) 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.
(iv) Raw material sourcing. (A) 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

(B) The raw material used in the
product is 100% resourced or recycled
(such as material obtained from building deconstruction); or
(C) 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-of-way maintenance,
tree health improvement, or public
safety.
(c) Exclusions. Motor vehicle fuels,
heating oil, and electricity are excluded by statute from this program.
[79 FR 44655, Aug. 1, 2014, as amended at 80
FR 34029, June 15, 2015]

§ 3201.6 Providing product information to Federal agencies.
(a) Informational Web site. An informational USDA Web site implementing
section 9002 of FSRIA can be found at:
http://www.biopreferred.gov. USDA will
maintain a voluntary Web-based information site for manufacturers and vendors of qualified biobased products and
Federal agencies to exchange information, as described in paragraphs (a)(1)
and (2) of this section.
(1) Product information. The Web site
will, as determined to be necessary by
the Secretary based on the availability
of data, provide information as to the
availability, price, biobased content,
performance and environmental and
public health benefits of the designated
product categories and designated intermediate ingredient or feedstock categories. USDA encourages manufacturers and vendors to provide product and
business contact information for designated categories. Instructions for
posting information are found on the
Web site itself. USDA also encourages
Federal agencies to utilize this Web
site to obtain current information on
designated categories, contact information on manufacturers and vendors,
and access to information on product
characteristics relevant to procurement decisions. In addition to any information provided on the Web site,
manufacturers and vendors are expected to provide relevant information
to Federal agencies, subject to the limitations specified in § 3201.8(a), with respect to product characteristics, including verification of such characteristics if requested.

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Office of Procurement and Property Management, USDA
(2) National Testing Center Registry.
The Web site will include an electronic
listing of recognized industry standard
testing organizations that will serve
biobased product manufacturers such
as ASTM International, Society of
Automotive Engineers, and the American Petroleum Institute. USDA encourages stakeholders to submit information on other possible testing resources to the BioPreferred program
for inclusion.
(b) Advertising, labeling and marketing
claims. Manufacturers and vendors are
reminded that their advertising, labeling, and other marketing claims, including claims regarding health and
environmental benefits of the product,
must conform to the Federal Trade
Commission ‘‘Guides for the Use of Environmental Marketing Claims,’’ 16
CFR
part
260
(see:
http://
www.access.gpo.gov/nara/cfr/waisidxl08/
16cfr260l08.html). For further requirements, click on the link to the
‘‘Guidelines for Marketing the BioPreferred Program.’’
[70 FR 1809, Jan. 11, 2005, as amended at 76
FR 6322, Feb. 4, 2011; 79 FR 44656, Aug. 1, 2014;
80 FR 34030, June 15, 2015]

§ 3201.7

Determining biobased content.

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(a) Certification requirements. For any
qualified biobased product offered for
preferred procurement, manufacturers
and vendors must certify that the product meets the biobased content requirements for the designated product
category or designated intermediate
ingredient or feedstock category within which the qualified biobased product
falls. Paragraph (c) of this section addresses how to determine biobased content. Upon request, manufacturers and
vendors must provide USDA and Federal agencies information to verify
biobased content for products certified
to qualify for preferred procurement.
(b) Minimum biobased content. Unless
specified otherwise in the designation
of a particular product category or intermediate ingredient or feedstock category, the minimum biobased content
requirements in a specific category

§ 3201.7

designation refer to the organic carbon
portion of the product, and not the entire product.
(c) Determining biobased content.
Verification of biobased content must
be based on third party ASTM/ISO
compliant test facility testing using
the ASTM Standard Method D6866,
‘‘Standard Test Methods for Determining the Biobased Content of Solid,
Liquid, and Gaseous Samples Using Radiocarbon Analysis.’’ ASTM Standard
Method D6866 determines biobased content based on the amount of biobased
carbon in the material or product as
percent of the weight (mass) of the
total organic carbon in the material or
product.
(1) Biobased products, intermediate ingredients or feedstocks. Biobased content
will be based on the amount of
biobased carbon in the product or material as a percent of the weight (mass)
of the total organic carbon in the product or material.
(2) Final products composed of designated intermediate ingredient or feedstock materials. The biobased content of
final products composed of designated
intermediate ingredient or feedstock
materials will be determined by calculating the percentage by weight (mass)
that the biobased component of each
designated intermediate ingredient or
feedstock material represents of the
total organic carbon content of the
final product and summing the results
(if more than one designated intermediate ingredient or feedstock is
used). If the final product also contains
biobased content from intermediate ingredient or feedstock material that is
not designated, the percentage by
weight that these biobased ingredients
represent of the total organic carbon
content should be included in the calculation.
(3) Complex assemblies. The biobased
content of a complex assembly product,
where the product has ‘‘n’’ components
whose biobased and organic carbon
content can be experimentally determined, will be calculated using the following equation:

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§ 3201.8

7 CFR Ch. XXXII (1–1–20 Edition)

Where:
Mi = mass of the nth component
BCCi = biobased carbon content of the nth
component (%)
OCCi = organic carbon content of the nth
component (%)

(d) Products and intermediate ingredients or feedstocks with the same formulation. In the case of products and intermediate ingredients or feedstocks that
are essentially the same formulation,
but marketed under more than one
brand name, biobased content test data
need not be brand-name specific.

§ 3201.8 Determining price, environmental and health benefits, and
performance.
(a) Providing information on price and
environmental and health benefits. Federal agencies may not require manufacturers or vendors of qualified
biobased products to provide to procuring agencies more data than would
be required of other manufacturers or
vendors offering products for sale to a
procuring agency (aside from data confirming the biobased contents of the
products) as a condition of the purchase of biobased products from the
manufacturer or vendor. USDA will
work with manufacturers and vendors
to collect information needed to estimate the price of biobased products,
complex assemblies, intermediate materials or feedstocks as part of the designation process, including application
units, average unit cost, and application frequency. USDA encourages industry stakeholders to provide information on environmental and public
health benefits based on industry accepted analytical approaches including, but not limited to: Material carbon footprint analysis, the ASTM D7075
standard for evaluating and reporting
on environmental performance of
biobased products, the International
Standards Organization ISO 14040, the
ASTM International life-cycle cost
method (E917) and multi-attribute decision analysis (E1765), the British

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[79 FR 44656, Aug. 1, 2014]

Standards Institution PAS 2050, and
the National Institute of Standards
and Technology BEES analytical tool.
USDA will make such stakeholder-supplied information available on the BioPreferred Web site.
(b) Performance test information. In assessing
performance
of
qualified
biobased products, USDA requires that
procuring agencies rely on results of
performance tests using applicable
ASTM, ISO, Federal or military specifications, or other similarly authoritative industry test standards. Such
testing must be conducted by a laboratory compliant with the requirements
of the standards body. The procuring
official will decide whether performance data must be brand-name specific
in the case of products that are essentially of the same formulation.
(c) Biodegradability information. If
biodegradability is claimed by the
manufacturer of a qualifying biobased
product as a characteristic of that
product, USDA requires that, if requested by procuring agencies, these
claims be verified using the appropriate,
product-specific
ASTM
biodegradability
standard(s).
Such
testing must be conducted by an
ASTM/ISO-compliant laboratory. The
procuring official will decide whether
biodegradability data must be brandname specific in the case of products
that are essentially of the same formulation. ASTM biodegradability standards include:
(1) D5338 ‘‘Standard Test Method for
Determining Aerobic Biodegradation of
Plastic Materials Under Controlled
Composting Conditions’’;
(2) D5864 ‘‘Standard Test Method for
Determining the Aerobic Aquatic Biodegradation of Lubricants or Their
Components’’;
(3) D6006 ‘‘Standard Guide for Assessing Biodegradability of Hydraulic
Fluids’’;
(4) D6400 ‘‘Standard Specification
for Compostable Plastics’’ and the
standards cited therein;

Office of Procurement and Property Management, USDA
(5) D6139 ‘‘Standard Test Method for
Determining the Aerobic Aquatic Biodegradation of Lubricants or Their
Components Using the Gledhill Shake
Flask’’;
(6) D6868 ‘‘Standard Specification
for Biodegradable Plastics Used as
Coatings
on
Paper
and
Other
Compostable Substrates’’; and
(7) D7081 ‘‘Standard Specification
for Non-Floating Biodegradable Plastics in the Marine Environment.’’
[70 FR 1809, Jan. 11, 2005, as amended at 71
FR 13704, Mar. 16, 2006; 71 FR 42575, July 27,
2006; 76 FR 6322, Feb. 4, 2011; 79 FR 44657, Aug.
1, 2014]

§ 3201.9

[Reserved]

Subpart B—Designated Product
Categories and Intermediate
Ingredients or Feedstocks

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SOURCE: 71 FR 13705, Mar. 16, 2006, unless
otherwise noted. Redesignated at 76 FR 53632,
Aug. 29, 2011.

§ 3201.10 Mobile equipment hydraulic
fluids.
(a) Definition. Hydraulic fluids formulated for general use in non-stationary
equipment, such as tractors, end loaders, or backhoes.
(b) Minimum biobased content. The
minimum biobased content is 44 percent and shall be based on the amount
of qualifying biobased carbon in the
product as a percent of the weight
(mass) of the total organic carbon in
the finished product.
(c) Preference effective date. No later
than March 16, 2007, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased mobile equipment
hydraulic fluids. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased mobile equipment
hydraulic fluids.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the following EPA-designated recovered content product: Rerefined Lubricating Oils. USDA is re-

§ 3201.11

questing that manufacturers of these
qualifying biobased products provide
information for the BioPreferred Web
site of qualifying biobased products
about the intended uses of the product,
information on whether or not the
product contains petroleum-based ingredients, re-refined oil, and/or any
other recovered material, in addition
to biobased ingredients, and performance standards against which the product has been tested. This information
will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated lubricating oils containing
re-refined oil and which product should
be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Mobile equipment
hydraulic fluid products within this designated item can compete with similar lubricating oils containing re-refined oil. Under
the Resource Conservation and Recovery Act
of 1976, section 6002, the U.S. Environmental
Protection Agency designated lubricating
oils containing re-refined oil as items for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.11.
[71 FR 13705, Mar. 16, 2006, as amended at 73
FR 27953, May 14, 2008]

§ 3201.11 Roof coatings.
(a) Definition. Coatings formulated
for use in commercial roof deck systems to provide a single-coat monolith
coating system.
(b) Minimum biobased content. The
minimum biobased content is 20 percent and shall be based on the entire
product.
(c) Preference effective date. No later
than March 16, 2007, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased roof coatings. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased roof coatings.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the following EPA-designated recovered content product:

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§ 3201.12

7 CFR Ch. XXXII (1–1–20 Edition)

Roofing Materials. USDA is requesting
that manufacturers of these qualifying
biobased products provide information
for the BioPreferred Web site of qualifying biobased products about the intended uses of the product, information
on whether or not the product contains
any type of recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with recovered content roofing materials and
which product should be afforded the
preference in purchasing.
NOTE TO PARAGRAPH (d): Roof coating products within this designated item can compete with similar roofing material products.
Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency designated
roofing material containing recycled material as items for which Federal agencies
must give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.12.
[71 FR 13705, Mar. 16, 2006, as amended at 73
FR 27953, May 14, 2008]

§ 3201.12 Water tank coatings.
(a) Definition. Coatings formulated
for use in potable water storage systems.
(b) Minimum biobased content. The
minimum biobased content is 59 percent and shall be based on the entire
product.
(c) Preference effective date. No later
than November 20, 2007, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased water tank coatings. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased water tank coatings.

rmajette on DSKBCKNHB2PROD with CFR

[71 FR 13705, Mar. 16, 2006, as amended at 71
FR 67032, Nov. 20, 2006]

§ 3201.13 Diesel fuel additives.
(a) Definition. (1) Any substance,
other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including

any added to a motor vehicle’s fuel system) and that is not intentionally removed prior to sale or use.
(2) Neat biodiesel, also referred to as
B100, when used as an additive. Diesel
fuel additive does not mean neat biodiesel when used as a fuel or blended
biodiesel fuel (e.g., B20).
(b) Minimum biobased content. The
minimum biobased content is 90 percent and shall be based on the amount
of qualifying biobased carbon in the
product as a percent of the weight
(mass) of the total organic carbon in
the finished product.
(c) Preference effective date. No later
than March 16, 2007, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased diesel fuel additives. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased diesel fuel additives.
[71 FR 13705, Mar. 16, 2006, as amended at 73
FR 27953, May 14, 2008]

§ 3201.14

Penetrating lubricants.

(a) Definition. Products formulated to
provide light lubrication and corrosion
resistance in close tolerant internal
and external applications including
frozen nuts and bolts, power tools,
gears, valves, chains, and cables.
(b) Minimum biobased content. The
minimum biobased content is 68 percent and shall be based on the amount
of qualifying biobased carbon in the
product as a percent of the weight
(mass) of the total organic carbon in
the finished product.
(c) Preference effective date. No later
than March 16, 2007, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased penetrating lubricants. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased penetrating lubricants.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,

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Office of Procurement and Property Management, USDA
overlap with the following EPA-designated recovered content product: Rerefined Lubricating Oils. USDA is requesting that manufacturers of these
qualifying biobased products provide
information for the BioPreferred Web
site of qualifying biobased products
about the intended uses of the product,
information on whether or not the
product contains petroleum-based ingredients, re-refined oil, and/or any
other recovered material, in addition
to biobased ingredients, and performance standards against which the product has been tested. This information
will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated lubricating oils containing
re-refined oil and which product should
be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Penetrating lubricant products within this designated item
can compete with similar re-refined lubricating oil products. Under the Resource Conservation and Recovery Act of 1976, section
6002, the U.S. Environmental Protection
Agency designated re-refined lubricating oils
containing recycled material as items for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.11.
[71 FR 13705, Mar. 16, 2006, as amended at 73
FR 27953, May 14, 2008]

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§ 3201.15
els.

Bedding, bed linens, and tow-

(a) Definition. (1) Bedding is that
group of woven cloth products used as
coverings on a bed. Bedding includes
products such as blankets, bedspreads,
comforters, and quilts.
(2) Bed linens are woven cloth sheets
and pillowcases used in bedding.
(3) Towels are woven cloth products
used primarily for drying and wiping.
(b) Minimum biobased content. The
minimum biobased content is 12 percent and shall be based on the amount
of qualifying biobased carbon in the
finished product as a percent of the
weight (mass) of the total organic carbon in the finished product. The 12 percent biobased content must be of a
qualifying biobased feedstock. Cotton,
wool, linen, and silk are not qualifying
biobased feedstocks for the purpose of

§ 3201.17

determining the biobased content of
bedding, bed linens, and towels.
(c) Preference effective date. No later
than November 20, 2007, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased bedding, bed linens, and towels. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased bedding, bed linens,
and towels.
[71 FR 13705, Mar. 16, 2006, as amended at 71
FR 67032, Nov. 20, 2006]

§ 3201.16 Adhesive and mastic removers.
(a) Definition. Solvent products formulated for use in removing asbestos,
carpet, and tile mastics as well as adhesive materials, including glue, tape,
and gum, from various surface types.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 58
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased adhesive and mastic removers. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased adhesive and mastic
removers.
[73 FR 27953, May 14, 2008]

§ 3201.17 Plastic insulating foam for
residential and commercial construction.
(a) Definition. Spray-in-place plastic
foam products designed to provide a
sealed thermal barrier for residential
or commercial construction applications.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 7
percent, which shall be based on the
amount of qualifying biobased carbon

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§ 3201.18

7 CFR Ch. XXXII (1–1–20 Edition)

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in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased plastic insulating
foam for residential and commercial
construction. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased plastic insulating
foam for residential and commercial
construction.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Building Insulation. USDA is requesting that
manufacturers of these qualifying
biobased products provide information
on the BioPreferred Web site of qualifying biobased products about the intended uses of the product, information
on whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
building insulation and which product
should be afforded the preference in
purchasing.
NOTE TO PARAGRAPH (d): Biobased insulating products within this designated item
can compete with similar insulating products with recycled content. Under the Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated building insulation containing recovered materials as
items for which Federal agencies must give
preference in their purchasing programs. The
designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.12.
EPA provides recovered materials content
recommendations for building insulation
products in the Recovered Materials Advisory Notice (RMAN) published for these
products. The RMAN recommendations can
be found by accessing EPA’s Web site http://
www.epa.gov/epaoswer/non-hw/procure/prod-

ucts.htm and then clicking on the appropriate
product name.
[73 FR 27953, May 14, 2008]

§ 3201.18

Hand cleaners and sanitizers.

(a) Definitions—(1) Hand cleaners.
Products formulated for personal care
use in removing a variety of different
soils, greases, and similar substances
from human hands with or without the
use of water.
(2) Hand sanitizers. Products formulated for personal care use in removing
bacteria from human hands with or
without the use of water. Personal care
products that are formulated for use in
removing a variety of different soils,
greases and similar substances and bacteria from human hands with or without the use of water are classified as
hand sanitizers for the purposes of this
rule.
(b) Minimum biobased content. The
minimum biobased content requirement for all hand cleaners and/or sanitizers shall be based on the amount of
qualifying biobased carbon in the product as a percent of the weight (mass) of
the total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Hand cleaners—64 percent.
(2) Hand sanitizers (including hand
cleaners and sanitizers)—73 percent.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased hand cleaners and
sanitizers. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased hand cleaners and sanitizers.
[73 FR 27953, May 14, 2008]

§ 3201.19

Composite panels.

(a) Definitions—(1) Plastic lumber composite panels. Engineered products suitable for non-structural outdoor needs
such as exterior signs, trash can holders, and dimensional letters.
(2) Acoustical composite panels. Engineered products designed for use as

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Office of Procurement and Property Management, USDA
structural and sound deadening material suitable for office partitions and
doors.
(3) Interior panels. Engineered products designed specifically for interior
applications and providing a surface
that is impact-, scratch-, and wear-resistant and that does not absorb or retain moisture.
(4) Structural interior panels. Engineered products designed for use in
structural construction applications,
including cabinetry, casework, paneling, and decorative panels.
(5) Structural wall panels. Engineered
products designed for use in structural
walls, curtain walls, floors and flat
roofs in commercial buildings.
(6) Countertops. Engineered products
designed to serve as horizontal work
surfaces in locations such as kitchens,
break rooms or other food preparation
areas, bathrooms or lavatories, and
workrooms.
(b) Minimum biobased content. The
minimum biobased content requirement for all composite panels shall be
based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Plastic lumber composite panels—
23 percent.
(2) Acoustical composite panels—37
percent.
(3) Interior panels—55 percent.
(4) Structural interior panels—89 percent.
(5) Structural wall panels—94 percent.
(6) Countertops—89 percent.
(c) Preference compliance dates. (1) No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
those qualifying biobased composite
panels specified in paragraphs (a)(1)
through (a)(5) of this section. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
composite panels.
(2) No later than June 11, 2014, procuring agencies, in accordance with
this part, will give a procurement pref-

§ 3201.19

erence for those qualifying biobased
composite panels specified in paragraph (a)(6) of this section. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
composite panels.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the following EPA-designated recovered content products:
Laminated Paperboard and Structural
Fiberboard; Shower and Restroom Dividers; and Signage. USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Web site of
qualifying biobased products about the
intended uses of the product, information on whether or not the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated
laminated
paperboard,
structural fiberboard, shower and restroom dividers, and signage, and which
product should be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Composite panel
products within this designated item can be
made with recycled material. Under the Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated laminated paperboard and structural fiberboard, shower
and restroom dividers, and signage containing recovered materials as items for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.12. EPA provides recovered materials content recommendations for laminated paperboard and
structural fiberboard, shower and restroom
dividers, and signage in the Recovered Materials Advisory Notice (RMAN) published for
these products. The RMAN recommendations
can be found by accessing EPA’s Web site
http://www.epa.gov/epaoswer/non-hw/procure/
products.htm and then clicking on the appropriate product name.
[73 FR 27953, May 14, 2008, as amended at 78
FR 34872, June 11, 2013]

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§ 3201.20

7 CFR Ch. XXXII (1–1–20 Edition)

§ 3201.20 Fluid-filled transformers.
(a) Definition—(1) Synthetic ester-based
fluid-filled transformers. Electric power
transformers that are designed to utilize a synthetic ester-based dielectric
(non-conducting) fluid to provide insulating and cooling properties.
(2) Vegetable oil-based fluid-filled transformers. Electric power transformers
that are designed to utilize a vegetable
oil-based dielectric (non-conducting)
fluid to provide insulating and cooling
properties.
(b) Minimum biobased content. The
minimum biobased content requirement for all fluid-filled transformers
shall be based on the amount of qualifying biobased carbon in the product as
a percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Synthetic ester-based fluid-filled
transformers—66 percent.
(2) Vegetable oil-based fluid-filled
transformers—95 percent.
(c) Preference compliance date—(1)
Synthetic ester-based fluid-filled transformers. Determination of the compliance date for synthetic ester-based
fluid-filled transformers is deferred
until USDA identifies two or more
manufacturers of synthetic ester-based
fluid-filled transformers. At that time,
USDA will publish a document in the
FEDERAL REGISTER announcing that
Federal agencies have one year from
the date of publication to give procurement preference to biobased synthetic
ester-based fluid-filled transformers.
(2) Vegetable oil-based fluid-filled transformers. No later than May 14, 2009, procuring agencies, in accordance with
this part, will give a procurement preference for qualifying biobased vegetable
oil-based
fluid-filled
transformers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased vegetable oil-based
fluid-filled transformers.

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27953, May 14, 2008]

§ 3201.21 Disposable containers.
(a) Definition. Products designed to be
used for temporary storage or trans-

portation of materials including, but
not limited to, food items.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 72
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Biodegradability. At the time a
manufacturer offers a product under
this item for Federal purchase under
the BioPreferred Program, the preferred procurement product must be
capable of meeting the current version
of ASTM D6400 if disposed of in a nonmarine environment, the current
version of ASTM D7081 if disposed of in
a marine environment, or other appropriate and applicable standard for
biodegradability.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Paper and
Paper Products. USDA is requesting
that manufacturers of these qualifying
biobased products provide information
on the BioPreferred Web site of qualifying biobased products about the intended uses of the product, information
on whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
paper and paper products and which
product should be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Disposable containers can include boxes and packaging
made from paper. Under the Resource Conservation and Recovery Act of 1976, section
6002, the U.S. Environmental Protection
Agency designated paper and paper products
containing recovered materials as items for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.10. EPA provides recovered materials content recommendations for paper and paper products
in the Recovered Materials Advisory Notice
(RMAN) published for these products. The

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Office of Procurement and Property Management, USDA
RMAN recommendations can be found on
EPA’s Web site http://www.epa.gov/epaoswer/
non-hw/procure/products.htm
and
then
clicking on the appropriate product name.

(e) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased disposable containers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased disposable containers.
[73 FR 27953, May 14, 2008]

§ 3201.22

Fertilizers.

(a) Definition. Products formulated or
processed to provide nutrients for plant
growth and/or beneficial bacteria to
convert nutrients into plant usable
forms. Biobased fertilizers, which are
likely to consist mostly of biobased
components,
may
include
both
biobased and chemical components.

rmajette on DSKBCKNHB2PROD with CFR

NOTE TO PARAGRAPH (a): Biobased fertilizers, as well as other fertilizers, may be
made with recycled hazardous waste. Such
fertilizers need to meet applicable land disposal restriction standards for any hazardous
constituents they contain, as required under
40 CFR 266.20(d).

(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 71
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased fertilizers. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
fertilizers.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Fertilizer.

§ 3201.23

USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
fertilizer product and which product
should be afforded the preference in
purchasing.
NOTE TO PARAGRAPH (d): Fertilizers within
this designated item can be made with recycled materials. Under the Resource Conservation and Recovery Act of 1976, section
6002, the U.S. Environmental Protection
Agency designated fertilizers containing recovered materials as items for which Federal
agencies must give preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.15. EPA provides recovered materials content recommendations for
fertilizers in the Recovered Materials Advisory Notice (RMAN) published for these
products. The RMAN recommendations can
be found by accessing EPA’s Web site http://
www.epa.gov/epaoswer/non-hw/procure/products.htm and then clicking on the appropriate
product name.
[73 FR 27953, May 14, 2008]

§ 3201.23

Sorbents.

(a) Definition. Materials formulated
for use in the cleanup and bioremediation of oil and chemical spills, the disposal of liquid materials, or the prevention of leakage or leaching in maintenance applications, shop floors, and
fuel storage areas.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 89
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased sorbents. By that
date, Federal agencies that have the

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§ 3201.24

7 CFR Ch. XXXII (1–1–20 Edition)

responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
sorbents.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Sorbents.
USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
sorbents and which product should be
afforded the preference in purchasing.

[73 FR 27953, May 14, 2008]

§ 3201.25

2-Cycle engine oils.

[73 FR 27953, May 14, 2008]

(a) Definition. Lubricants designed for
use in 2-cycle engines to provide lubrication, decreased spark plug fouling,
reduced deposit formation, and/or reduced engine wear.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 34
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased 2-cycle engine oils.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased 2-cycle engine oils.

§ 3201.24

[73 FR 27973, May 14, 2008]

NOTE TO PARAGRAPH (d): Sorbents within
this designated item can be made with recycled materials. Under the Resource Conservation and Recovery Act of 1976, section
6002, the U.S. Environmental Protection
Agency designated sorbents containing recovered materials as items for which Federal
agencies must give preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.17. EPA provides recovered materials content recommendations for
sorbents in the Recovered Materials Advisory Notice (RMAN) published for these
products. The RMAN recommendations can
be found by accessing EPA’s Web site http://
www.epa.gov/epaoswer/non-hw/procure/products.htm and then clicking on the appropriate
product name.

rmajette on DSKBCKNHB2PROD with CFR

weight (mass) of the total organic carbon in the finished product. If the finished product is to be diluted before
use, the biobased content of the remover must be determined before dilution.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying graffiti and grease removers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased graffiti and grease removers.

Graffiti and grease removers.

(a) Definition. Industrial solvent products formulated to remove automotive,
industrial, or kitchen soils and oils, including grease, paint, and other coatings, from hard surfaces.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 34
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the

§ 3201.26

Lip care products.

(a) Definition. Personal care products
formulated to replenish the moisture
and/or prevent drying of the lips.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 82
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the

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Office of Procurement and Property Management, USDA
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased lip care products.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased lip care products.

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27973, May 14, 2008]

§ 3201.27 Films.
(a) Definition. (1) Products that are
used in packaging, wrappings, linings,
and other similar applications.
(2) Films for which preferred procurement applies are:
(i) Semi-durable films. Films that are
designed to resist water, ammonia, and
other compounds, to be re-used, and to
not readily biodegrade. Products in
this item are typically used in the production of bags and packaging materials.
(ii) Non-durable films. Films that are
intended for single use for short-term
storage or protection before being discarded. Non-durable films that are designed to have longer lives when used
are included in this item.
(b) Minimum biobased content. The
minimum biobased content for all
films shall be based on the amount of
qualifying biobased carbon in the product as a percent of the weight (mass) of
the total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Semi-durable films—45 percent.
(2) Non-durable films—85 percent.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased semi-durable and
non-durable films. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall
ensure that the relevant specifications
require the use of biobased semi-durable and non-durable films.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within the semi-

§ 3201.28

durable films subcategory may overlap
with the EPA-designated recovered
content product: Plastic trash bags.
USDA is requesting that manufacturers of these qualifying biobased products provide information for the BioPreferred Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
plastic trash bags and which product
should be afforded the preference in
purchasing.
NOTE TO PARAGRAPH (d): Biobased semi-durable film products within this designated
item can compete with plastic trash bag
products with recycled content. Under the
Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated plastic trash
bags containing recovered materials as items
for which Federal agencies must give preference in their purchasing programs. The
designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.16.
EPA provides recovered materials content
recommendations for plastic trash bags in
the May 1, 1995, Recovered Materials Advisory Notice (RMAN I). The RMAN recommendations can be found on EPA’s Web
site http://www.epa.gov/epaoswer/non-hw/procure/products.htm and then clicking on the
appropriate product name.
[73 FR 27973, May 14, 2008]

§ 3201.28 Stationary
draulic fluids.

equipment

(a) Definition. Fluids formulated for
use in stationary hydraulic equipment
systems that have various mechanical
parts, such as cylinders, pumps, valves,
pistons, and gears, that are used for the
transmission of power (and also for lubrication and/or wear, rust, and oxidation protection).
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 44
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.

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§ 3201.29

7 CFR Ch. XXXII (1–1–20 Edition)

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(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased stationary equipment hydraulic fluids. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall
ensure that the relevant specifications
require the use of biobased stationary
equipment hydraulic fluids.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Re-refined lubricating oils. USDA is requesting that
manufacturers of these qualifying
biobased products provide information
for the BioPreferred Web site of qualifying biobased products about the intended uses of the product, information
on whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
re-refined lubricating oils and which
product should be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Stationary equipment hydraulic fluid products within this
designated item can compete with hydraulic
fluid products with recycled content. Under
the Resource Conservation and Recovery Act
of 1976, section 6002, the U.S. Environmental
Protection Agency designated re-refined lubricating oils containing recovered materials
as items for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.11. EPA provides recovered materials content recommendations for re-refined
lubricating oils in the May 1, 1995, Recovered
Materials Advisory Notice (RMAN I). The
RMAN recommendations can be found by accessing EPA’s Web site http://www.epa.gov/
epaoswer/non-hw/procure/products.htm
and
then clicking on the appropriate product
name.
[73 FR 27973, May 14, 2008]

§ 3201.29 Disposable cutlery.
(a) Definition. Hand-held, disposable
utensils designed for one-time use in
eating food.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 48
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased disposable cutlery.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased disposable cutlery.
[73 FR 27973, May 14, 2008]

§ 3201.30 Glass cleaners.
(a) Definition. Cleaning products designed specifically for use in cleaning
glass surfaces, such as windows, mirrors, car windows, and computer monitors.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 49
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product. If the finished product is to be diluted before
use, the biobased content of the cleaner
must be determined before dilution.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased glass cleaners. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased glass cleaners.
[73 FR 27973, May 14, 2008]

§ 3201.31 Greases.
(a) Definitions. (1) Lubricants composed of oils thickened to a semisolid

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Office of Procurement and Property Management, USDA
or solid consistency using soaps, polymers or other solids, or other thickeners.
(2) Greases for which preferred procurement applies are:
(i) Food grade greases. Lubricants that
are designed for use on food-processing
equipment as a protective anti-rust
film, as a release agent on gaskets or
seals of tank closures, or on machine
parts and equipment in locations in
which there is exposure of the lubricated part to food.
(ii) Multipurpose greases. Lubricants
that are designed for general use.
(iii) Rail track greases. Lubricants
that are designed for use on railroad
tracks or heavy crane tracks.
(iv) Truck greases. Lubricants that
are designed for use on the fifth wheel
of tractor trailer trucks onto which the
semi-trailer rests and pivots.
(v) Greases not elsewhere specified. Lubricants that meet the general definition of greases as defined in paragraph
(a)(1) of this section, but are not otherwise covered by paragraphs (a)(2)(i)
through (iv) of this section.
(b) Minimum biobased content. The
minimum biobased content for all
greases shall be based on the amount of
qualifying biobased carbon in the product as a percent of the weight (mass) of
the total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Food grade grease—42 percent.
(2) Multipurpose grease—72 percent.
(3) Rail track grease—30 percent.
(4) Truck grease—71 percent.
(5) Greases not elsewhere specified—
75 percent.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased greases. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
greases.

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27973, May 14, 2008]

§ 3201.32 Dust suppressants.
(a) Definition. Products formulated to
reduce or eliminate the spread of dust
associated with gravel roads, dirt park-

§ 3201.33

ing lots, or similar sources of dust, including products used in equivalent indoor applications.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 85
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product. If the finished product is to be diluted before
use, the biobased content of the suppressant must be determined before dilution.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased dust suppressants.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased dust suppressants.
[73 FR 27973, May 14, 2008]

§ 3201.33 Carpets.
(a) Definition. Floor coverings composed of woven, tufted, or knitted fiber
and a backing system.
(b) Minimum biobased content. The
preferred procurement product must
have a biobased content of at least 7
percent, which shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased carpet. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
carpet.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the EPA-designated recovered content product: Carpets (polyester). USDA is requesting that manufacturers of these qualifying biobased

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§ 3201.34

7 CFR Ch. XXXII (1–1–20 Edition)

products provide information for the
BioPreferred Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
carpets (polyester) and which product
should be afforded the preference in
purchasing.
NOTE TO PARAGRAPH (d): Biobased carpets
within this designated item can compete
with polyester carpet products with recycled
content. Under the Resource Conservation
and Recovery Act of 1976, section 6002, the
U.S. Environmental Protection Agency designated carpets (polyester) containing recovered materials as items for which Federal
agencies must give preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.12. EPA provides recovered materials content recommendations for
carpets (polyester) in the May 1, 1995, Recovered Materials Advisory Notice (RMAN I).
The RMAN recommendations can be found
on EPA’s Web site http://www.epa.gov/
epaoswer/non-hw/procure/products.htm
and
then clicking on the appropriate product
name.

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27973, May 14, 2008]

§ 3201.34 Carpet and upholstery cleaners.
(a) Definition. (1) Cleaning products
formulated specifically for use in
cleaning
carpets
and
upholstery,
through a dry or wet process, found in
locations such as houses, cars, and
workplaces.
(2) Carpet and upholstery cleaners for
which preferred procurement applies
are:
(i) General purpose cleaners. Carpet
and upholstery cleaners formulated for
use in cleaning large areas such as the
carpet in an entire room or the upholstery on an entire piece of furniture.
(ii) Spot removers. Carpet and upholstery cleaners formulated for use in removing spots or stains in a small confined area.
(b) Minimum biobased content. The
minimum biobased content for all carpet and upholstery cleaners shall be
based on the amount of qualifying

biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) General purpose cleaners—54 percent.
(2) Spot removers—7 percent.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased carpet and upholstery cleaners. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased carpet and upholstery cleaners.
[73 FR 27973, May 14, 2008]

§ 3201.35

Bathroom and spa cleaners.

(a) Definition. Products that are designed to clean and/or prevent deposits
on surfaces found in bathrooms and
spas including, but not necessarily limited to, bath tubs and spas, shower
stalls, shower doors, shower curtains,
and bathroom walls, floors, doors, and
counter and sink tops. Products in this
item may be designed to be applied to
a specific type of surface or to multiple
surface types. They are available both
in
concentrated
and
ready-to-use
forms.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 74 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased bathroom and spa
cleaners. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased bathroom and spa
cleaners.
[73 FR 27994, May 14, 2008]

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Office of Procurement and Property Management, USDA
§ 3201.36 Concrete and asphalt release
fluids.

§ 3201.38 Firearm cleaners, lubricants,
and protectants.

(a) Definition. Products that are designed to provide a lubricating barrier
between the composite surface materials (e.g., concrete or asphalt) and the
container (e.g., wood or metal forms,
truck beds, roller surfaces).
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 87 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased concrete and asphalt release fluids. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall
ensure that the relevant specifications
require the use of biobased concrete
and asphalt release fluids.

(a) Definition. Products that are designed to care for firearms by cleaning,
lubricating, protecting, or any combination thereof. Examples include
products that are designed for use in
firearms to reduce the friction and
wear between the moving parts of a
firearm, to keep the weapon clean, and/
or to prevent the formation of deposits
that could cause the weapon to jam.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 32 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance dates. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased firearm cleaners,
lubricants, and protectants. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased firearm cleaners,
lubricants, and protectants.

[73 FR 27994, May 14, 2008]

§ 3201.37

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.39

De-Icers.

(a) Definition. Chemical products
(e.g., salts, fluids) that are designed to
aid in the removal of snow and/or ice,
and/or in the prevention of the buildup
of snow and/or ice, by lowering the
freezing point of water.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 93 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance dates. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased de-icers. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased de-icers.
[73 FR 27994, May 14, 2008, as amended at 84
FR 32020, July 5, 2019]

[84 FR 32020, July 5, 2019]

§ 3201.39

Floor strippers.

(a) Definition. Products that are formulated to loosen waxes, resins, or varnishes from floor surfaces. They can be
in either liquid or gel form, and may
also be used with or without mechanical assistance.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 78 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased floor strippers. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant

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§ 3201.40

7 CFR Ch. XXXII (1–1–20 Edition)

specifications require
biobased floor strippers.

the

use

of

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27994, May 14, 2008]

§ 3201.40 Laundry products.
(a) Definitions. (1) Products that are
designed to clean, condition, or otherwise affect the quality of the laundered
material. Such products include but
are not limited to laundry detergents,
bleach, stain removers, and fabric softeners.
(2) Laundry products for which preferred procurement applies are:
(i) Pretreatment/spot removers. These
are laundry products specifically used
to pretreat laundry to assist in the removal of spots and stains during laundering.
(ii) General purpose laundry products.
These are laundry products used for
regular cleaning activities.
(iii) Dryer sheets. These are small
sheets that are added to laundry in
clothes dryers to eliminate static
cling, soften fabrics, or otherwise improve the characteristics of the fabric.
(b) Minimum biobased content. The
minimum biobased content shall be
based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the preferred procurement product are:
(1) Pretreatment/spot removers—46
percent.
(2) General purpose laundry products—34 percent.
(3) Dryer sheets—90 percent.
(c) Preference compliance dates. (1) No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
those qualifying biobased laundry products specified in paragraphs (a)(2)(i)
and (ii) of this section. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall
ensure that the relevant specifications
require the use of biobased laundry
products.
(2) No later than July 6, 2020, procuring agencies, in accordance with
this part, will give a procurement preference for those qualifying biobased
laundry products specified in para-

graph (a)(2)(iii) of this section. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased laundry products.
[73 FR 27994, May 14, 2008, as amended at 84
FR 32020, July 5, 2019]

§ 3201.41 Metalworking fluids.
(a) Definition. (1) Fluids that are designed to provide cooling, lubrication,
corrosion prevention, and reduced wear
on the contact parts of machinery used
for metalworking operations such as
cutting, drilling, grinding, machining,
and tapping.
(2) Metalworking fluids for which
preferred procurement applies are:
(i) Straight oils. Metalworking fluids
that are not diluted with water prior to
use and are generally used for metalworking processes that require lubrication rather than cooling.
(ii) General purpose soluble, semi-synthetic, and synthetic oils. Metalworking
fluids formulated for use in a re-circulating fluid system to provide cooling,
lubrication, and corrosion prevention
when applied to metal feedstock during
normal grinding and machining operations.
(iii) High performance soluble, semisynthetic, and synthetic oils. Metalworking fluids formulated for use in a
re-circulating fluid system to provide
cooling, lubrication, and corrosion prevention when applied to metal feedstock during grinding and machining
operations involving unusually high
temperatures or corrosion potential.
(b) Minimum biobased content. The
minimum biobased content shall be
based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the preferred procurement product are:
(1) Straight oils—66 percent.
(2) General purpose soluble, semi-synthetic, and synthetic oils—57 percent.
(3) High performance soluble, semisynthetic, and synthetic oils—40 percent.
(c) Preference compliance date—(1)
Straight oils. No later than May 14, 2009,
procuring agencies, in accordance with

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Office of Procurement and Property Management, USDA
this part, will give a procurement preference for qualifying biobased metalworking fluids—straight oils. By that
date, Federal agencies that have the
responsibility for drafting or reviewing
specifications for items to be procured
shall ensure that the relevant specifications require the use of biobased
metalworking fluids—straight oils.
(2) General purpose soluble, semi-synthetic, and synthetic oils. No later than
May 14, 2009, procuring agencies, in accordance with this part, will give a procurement preference for qualifying
biobased metalworking fluids—general
purpose soluble, semi-synthetic, and
synthetic oils. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased metalworking
fluids—general purpose soluble, semisynthetic, and synthetic oils.
(3) High performance soluble, semi-synthetic, and synthetic oils. Determination
of the preference compliance date for
metalworking fluids—high performance soluble, semi-synthetic, and synthetic oils is deferred until USDA identifies two or more manufacturers of
biobased products within this subcategory. At that time, USDA will publish a document in the FEDERAL REGISTER announcing that Federal agencies have one year from the date of
publication to give procurement preference to biobased metalworking
fluids—high performance soluble, semisynthetic, and synthetic oils.

rmajette on DSKBCKNHB2PROD with CFR

[73 FR 27994, May 14, 2008]

§ 3201.42 Wood and concrete sealers.
(a) Definition. (1) Products that are
penetrating liquids formulated to protect wood and/or concrete, including
masonry and fiber cement siding, from
damage caused by insects, moisture,
and decaying fungi and to make surfaces water resistant.
(2) Wood and concrete sealers for
which preferred procurement applies
are:
(i) Penetrating liquids. Wood and concrete sealers that are formulated to
penetrate the outer surface of the substrate.
(ii) Membrane concrete sealers. Concrete sealers that are formulated to

§ 3201.43

form a protective layer on the surface
of the substrate.
(b) Minimum biobased content. The
minimum biobased content shall be
based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the preferred procurement product are:
(1) Penetrating liquids—79 percent.
(2) Membrane concrete sealers—11
percent.
(c) Preference compliance date. No
later than May 14, 2009, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased wood and concrete
sealers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased wood and concrete
sealers.
[73 FR 27994, May 14, 2008]

§ 3201.43

Chain and cable lubricants.

(a) Definition. Products designed to
provide lubrication in such applications as bar and roller chains, sprockets, and wire ropes and cables. Products may also prevent rust and corrosion in these applications.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 77 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased chain and cable lubricants. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased chain and cable lubricants.
[74 FR 55093, Oct. 27, 2009]

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§ 3201.44

7 CFR Ch. XXXII (1–1–20 Edition)

§ 3201.44 Corrosion preventatives.
(a) Definition. Products designed to
prevent the deterioration (corrosion) of
metals.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 53 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased corrosion preventatives. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased corrosion preventatives.

[74 FR 55093, Oct. 27, 2009]

§ 3201.47

[74 FR 55093, Oct. 27, 2009]

§ 3201.45 Food cleaners.
(a) Definition. Anti-microbial products designed to clean the outer layer
of various food products, such as fruit,
vegetables, and meats.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 53 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased food cleaners. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased food cleaners.
[74 FR 55093, Oct. 27, 2009]

rmajette on DSKBCKNHB2PROD with CFR

tube bending, stretch forming, press
braking, and swaging.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 68 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased forming lubricants.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased forming lubricants.

§ 3201.46 Forming lubricants.
(a) Definition. Products designed to
provide lubrication during metalworking applications that are performed under extreme pressure. Such
metalworking
applications
include

Gear lubricants.

(a) Definition. Products, such as
greases or oils, that are designed to reduce friction when applied to a toothed
machine part (such as a wheel or cylinder) that meshes with another
toothed part to transmit motion or to
change speed or direction.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 58 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased gear lubricants. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of gear
lubricants.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products that fall
under this item may, in some cases,
overlap with the following EPA-designated recovered content product: Lubricating oils containing re-refined oil.

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Office of Procurement and Property Management, USDA
USDA is requesting that manufacturers of these qualifying biobased products provide information for the BioPreferred Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
re-refined lubricating oils and which
product should be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased gear lubricant products within this designated item
can compete with similar gear lubricant
products with recycled content. Under the
Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated re-refined lubricating oils containing recovered materials
as items for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.11.

rmajette on DSKBCKNHB2PROD with CFR

[74 FR 55093, Oct. 27, 2009]

§ 3201.48 General purpose household
cleaners.
(a) Definition. Products designed to
clean multiple common household surfaces. This designated item does not include products that are formulated for
use as disinfectants. Task-specific
cleaning products, such as spot and
stain removers, upholstery cleaners,
bathroom cleaners, glass cleaners, etc.,
are not included in this item.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 39 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased general purpose
household cleaners. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall

§ 3201.50

ensure that the relevant specifications
require the use of biobased general purpose household cleaners.
[74 FR 55093, Oct. 27, 2009]

§ 3201.49

Industrial cleaners.

(a) Definition. Products used to remove contaminants, such as adhesives,
inks, paint, dirt, soil, and grease, from
parts, products, tools, machinery,
equipment, vessels, floors, walls, and
other production-related work areas.
The cleaning products within this item
are usually solvents, but may take
other forms. They may be used in either straight solution or diluted with
water in pressure washers, or in hand
wiping applications in industrial or
manufacturing settings, such as inside
vessels. Task-specific cleaners used in
industrial settings, such as parts wash
solutions, are not included in this definition.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 41 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased industrial cleaners.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased industrial cleaners.
[74 FR 55093, Oct. 27, 2009]

§ 3201.50

Multipurpose cleaners.

(a) Definition. Products used to clean
dirt, grease, and grime from a variety
of items in both industrial and domestic settings. This designated item does
not include products that are formulated for use as disinfectants.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 56 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of

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§ 3201.51

7 CFR Ch. XXXII (1–1–20 Edition)

the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying
biobased
multipurpose
cleaners. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased multipurpose cleaners.

the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased disposable tableware. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased disposable tableware.

[74 FR 55093, Oct. 27, 2009]

[75 FR 63701, Oct. 18, 2010]

§ 3201.51 Parts wash solutions.
(a) Definition. Products that are designed to clean parts in manual or
automatic cleaning systems. Such systems include, but are not limited to,
soak vats and tanks, cabinet washers,
and ultrasonic cleaners.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 65 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 27, 2010, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased parts wash solutions. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased parts wash solutions.

§ 3201.53 Expanded polystyrene (EPS)
foam recycling products.
(a) Definition. Products formulated to
dissolve EPS foam to reduce the volume of recycled or discarded EPS
items.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 90 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased EPS foam recycling products. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased EPS foam recycling
products.

[74 FR 55093, Oct. 27, 2009]

[75 FR 63701, Oct. 18, 2010]

§ 3201.52 Disposable tableware.
(a) Definition. Products made from, or
coated with, plastic resins and used in
dining, such as drink ware and
dishware, including but not limited to
cups, plates, bowls, and serving platters, and that are designed for one-time
use. This item does not include disposable cutlery, which is a separate item.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 72 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of

§ 3201.54 Heat transfer fluids.
(a) Definition. Products with high
thermal capacities used to facilitate
the transfer of heat from one location
to another, including coolants or refrigerants for use in HVAC applications, internal combustion engines,
personal cooling devices, thermal energy storage, or other heating or cooling closed-loops.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 89 percent, which shall be based
on the amount of qualifying biobased

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Office of Procurement and Property Management, USDA
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased heat transfer
fluids. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased heat transfer fluids.
[75 FR 63701, Oct. 18, 2010]

§ 3201.55

Ink removers and cleaners.

(a) Definition. Chemical products designed to remove ink, haze, glaze, and
other residual ink contaminants from
the surfaces of equipment, such as rollers, used in the textile and printing industries.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 79 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased ink removers and
cleaners. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased ink removers and
cleaners.
[75 FR 63701, Oct. 18, 2010]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.56 Mulch
rials.

and

compost

mate-

(a) Definition. Products designed to
provide a protective covering placed
over the soil, primarily to keep down
weeds and to improve the appearance
of
landscaping.
Compost
is
the
aerobically decomposed remnants of
organic materials used in gardening
and agriculture as a soil amendment,
and commercially by the landscaping
and container nursery industries.

§ 3201.56

(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 95 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased mulch and compost
materials. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased mulch and compost materials.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item
may overlap with the EPA-designated
recovered content product: Landscaping products—‘‘compost’’ and ‘‘hydraulic mulch’’. USDA is requesting
that manufacturers of these qualifying
biobased products provide information
on the USDA Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
landscaping products and which product should be afforded the preference in
purchasing.
NOTE TO PARAGRAPH (d): Biobased mulch
and compost materials within this designated item can compete with similar landscaping products with recycled content.
Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency designated
landscaping products containing recovered
materials as items for which Federal agencies must give preference in their purchasing
programs. The designation can be found in
the Comprehensive Procurement Guideline,
40 CFR 247.15.
[75 FR 63701, Oct. 18, 2010]

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§ 3201.57

7 CFR Ch. XXXII (1–1–20 Edition)

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§ 3201.57 Multipurpose lubricants.
(a) Definition. Products designed to
provide lubrication under a variety of
conditions and in a variety of industrial settings to prevent friction or
rust. Greases, which are lubricants
composed of oils thickened to a semisolid or solid consistency using soaps,
polymers or other solids, or other
thickeners, are not included in this
item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 88 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased multipurpose lubricants. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased multipurpose lubricants.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item
may overlap with the EPA-designated
recovered content product: Re-refined
lubricating oils. USDA is requesting
that manufacturers of these qualifying
biobased products provide information
on the BioPreferred Web site about the
intended uses of the product, information on whether or not the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated re-refined lubricating oils
and which product should be afforded
the preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased multipurpose lubricant products within this designated item can compete with similar multipurpose lubricant products with recycled

content. Under the Resource Conservation
and Recovery Act of 1976, section 6002, the
U.S. Environmental Protection Agency designated re-refined lubricating oils containing
recovered materials as items for which Federal agencies must give preference in their
purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.11.
[75 FR 63701, Oct. 18, 2010]

§ 3201.58

[Reserved]

§ 3201.59

Topical pain relief products.

(a) Definition. Products that can be
balms, creams and other topical treatments used for the relief of muscle,
joint, headache, and nerve pain, as well
as sprains, bruises, swelling, and other
aches.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 91 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased topical pain relief
products. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased topical pain relief products.
[75 FR 63701, Oct. 18, 2010]

§ 3201.60

Turbine drip oils.

(a) Definition. Products that are lubricants for use in drip lubrication systems for water well line shaft bearings,
water turbine bearings for irrigation
pumps, and other turbine bearing applications.
(b) Minimum biobased content. The
preferred procurement product must
have a minimum biobased content of at
least 87 percent, which shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product.
(c) Preference compliance date. No
later than October 18, 2011, procuring

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Office of Procurement and Property Management, USDA
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased turbine drip oils.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased turbine drip oils.

qualifying biobased bath products. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased bath products.

[75 FR 63701, Oct. 18, 2010]

§ 3201.63 Bioremediation materials.
(a) Definition. Dry or liquid solutions
(including those containing bacteria or
other microbes but not including sorbent materials) used to clean oil, fuel,
and other hazardous spill sites.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 86 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased bioremediation
materials. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased bioremediation materials.

§ 3201.61 Animal repellents.
(a) Definition. Products used to aid in
deterring animals that cause destruction to plants and/or property.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 79 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased animal repellents.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased animal repellents.
[76 FR 43817, July 22, 2011]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.64

§ 3201.62 Bath products.
(a) Definition. Personal hygiene products including bar soaps, liquids, or
gels that are referred to as body washes, body shampoos, or cleansing lotions, but excluding products marketed
as hand cleaners and/or hand sanitizers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 61 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for

[76 FR 43817, July 22, 2011]

[76 FR 43817, July 22, 2011]

§ 3201.64 Compost activators and accelerators.
(a) Definition. Products in liquid or
powder form designed to be applied to
compost piles to aid in speeding up the
composting process and to ensure successful compost that is ready for consumer use.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 95 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,

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§ 3201.65

7 CFR Ch. XXXII (1–1–20 Edition)

will give a procurement preference for
qualifying biobased compost activators
and accelerators. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased compost activators
and accelerators.
[76 FR 43817, July 22, 2011]

§ 3201.65
ers.

Concrete and asphalt clean-

(a) Definition. Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints,
mastics, organic soils, rust, and dirt
from concrete, asphalt, stone and other
hard porous surfaces. Products within
this item include only those marketed
for use in commercial or residential
construction or industrial applications.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 70 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased concrete and asphalt cleaners. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for items to be procured shall ensure
that the relevant specifications require
the use of biobased concrete and asphalt cleaners.
[76 FR 43817, July 22, 2011]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.66 Cuts, burns, and abrasions
ointments.
(a) Definition. Products designed to
aid in the healing and sanitizing of
scratches, cuts, bruises, abrasions, sun
damaged skin, tattoos, rashes and
other skin conditions.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 84 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a

percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased cuts, burns, and
abrasions ointments. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall
ensure that the relevant specifications
require the use of biobased cuts, burns,
and abrasions ointments.
[76 FR 43817, July 22, 2011]

§ 3201.67 Dishwashing products.
(a) Definition. Soaps and detergents
used for cleaning and clean rinsing of
tableware in either hand washing or
dishwashing.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 58 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased dishwashing products. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased dishwashing products.
[76 FR 43817, July 22, 2011]

§ 3201.68 Erosion control materials.
(a) Definition. Woven or non-woven
fiber materials manufactured for use
on construction, demolition, or other
sites to prevent wind or water erosion
of loose earth surfaces, which may be
combined with seed and/or fertilizer to
promote growth.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 77 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a

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Office of Procurement and Property Management, USDA
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased erosion control
materials. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased erosion control materials.
[76 FR 43817, July 22, 2011]

§ 3201.69
tors.

Floor cleaners and protec-

(a) Definition. Cleaning solutions for
either direct application or use in floor
scrubbers for wood, vinyl, tile, or similar hard surface floors. Products within
this item are marketed specifically for
use on industrial, commercial, and/or
residential flooring.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 77 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased floor cleaners and
protectors. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased floor cleaners and protectors.
[76 FR 43817, July 22, 2011]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.70

Hair care products.

(a) Definitions. (1) Personal hygiene
products specifically formulated for
hair cleaning and treating applications, including shampoos and conditioners.
(2) Hair care products for which Federal preferred procurement applies are:

§ 3201.71

(i) Shampoos. These are products
whose primary purpose is cleaning
hair. Products that contain both shampoos and conditioners are included in
this subcategory because the primary
purpose of these products is cleaning
the hair.
(ii) Conditioners. These are products
whose primary purpose is treating hair
to improve the overall condition of
hair.
(b) Minimum biobased content. The
minimum biobased content for all hair
care products shall be based on the
amount of qualifying biobased carbon
in the product as a percent of the
weight (mass) of the total organic carbon in the finished product. The applicable minimum biobased contents for
the Federal preferred procurement
products are:
(1) Shampoos—66 percent.
(2) Conditioners—78 percent.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased hair care products.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for items to be
procured shall ensure that the relevant
specifications require the use of
biobased hair care products.
[76 FR 43817, July 22, 2011]

§ 3201.71

Interior paints and coatings.

(a) Definition. (1) Pigmented liquids,
formulated for use indoors, that dry to
form a film and provide protection and
added color to the objects or surfaces
to which they are applied.
(2) Interior paints and coatings products for which Federal preferred procurement applies are:
(i) Interior latex and waterborne
alkyd paints and coatings.
(ii)
Interior
oil-based
and
solventborne alkyd paints and coatings.
(b) Minimum biobased content. The
minimum biobased content for all interior paints and coatings products shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum

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§ 3201.72

7 CFR Ch. XXXII (1–1–20 Edition)

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biobased contents for the Federal preferred procurement products are:
(1) Interior latex and waterborne
alkyd paints and coatings—20 percent.
(2)
Interior
oil-based
and
solventborne alkyd paints and coatings—67 percent.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased interior paints and
coatings. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased interior paints and
coatings.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying biobased products within
the interior latex and waterborne
alkyd paints and coatings subcategory
may, in some cases, overlap with the
EPA-designated
recovered
content
products: Reprocessed latex paints and
consolidated latex paints. USDA is requesting that manufacturers of these
qualifying biobased products provide
information on the USDA Web site of
qualifying biobased products about the
intended uses of the product, information on whether or not the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated reprocessed latex paints and
consolidated latex paints and which
product should be afforded the preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased interior
latex and waterborne alkyd paints and coatings products within this subcategory can
compete with similar reprocessed latex paint
and consolidated latex paint products with
recycled content. Under the Resource Conservation and Recovery Act of 1976, section
6002, the U.S. Environmental Protection
Agency designated reprocessed latex paints
and consolidated latex paints containing recovered materials as items for which Federal
agencies must give preference in their purchasing programs. The designation can be

found in the Comprehensive Procurement
Guideline, 40 CFR 247.12.
[76 FR 43817, July 22, 2011]

§ 3201.72

Oven and grill cleaners.

(a) Definition. Liquid or gel cleaning
agents used on high temperature cooking surfaces such as barbeques, smokers, grills, stoves, and ovens to soften
and loosen charred food, grease, and
residue.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 66 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased oven and grill
cleaners. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
items to be procured shall ensure that
the relevant specifications require the
use of biobased oven and grill cleaners.
[76 FR 43817, July 22, 2011]

§ 3201.73

Slide way lubricants.

(a) Definition. Products used to provide lubrication and eliminate stickslip and table chatter by reducing friction between mating surfaces, or slides,
found in machine tools.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 74 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 23, 2012, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased slide way lubricants. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
items to be procured shall ensure that

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Office of Procurement and Property Management, USDA
thermal

§ 3201.76

the relevant specifications require the
use of biobased slide way lubricants.

non-durable
tainers.

shipping

[76 FR 43817, July 22, 2011]

[76 FR 43817, July 22, 2011]

§ 3201.74 Thermal shipping containers.
(a) Definitions. (1) Insulated containers designed for shipping temperature-sensitive materials.
(2) Thermal shipping containers for
which Federal preferred procurement
applies are:
(i) Durable thermal shipping container.
These are thermal shipping containers
that are designed to be reused over an
extended period of time.
(ii) Non-durable thermal shipping containers. These are thermal shipping
containers that are designed to be used
once.
(b) Minimum biobased content. The
minimum biobased content for all thermal shipping container products shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the Federal preferred procurement products are:
(1) Durable thermal shipping containers—21 percent.
(2) Non-durable thermal shipping
containers—82 percent.
(c) Preference compliance date—(1) Durable thermal shipping containers. Determination of the preference compliance
date for durable thermal shipping containers is deferred until USDA identifies two or more manufacturers of
biobased durable thermal shipping containers. At that time, USDA will publish a document in the FEDERAL REGISTER announcing that Federal agencies have one year from the date of
publication to give procurement preference to biobased durable thermal
shipping containers.
(2) Non-durable thermal shipping containers. Determination of the preference compliance date for non-durable
thermal shipping containers is deferred
until USDA identifies two or more
manufacturers of biobased non-durable
thermal shipping containers. At that
time, USDA will publish a document in
the FEDERAL REGISTER announcing
that Federal agencies have one year
from the date of publication to give
procurement preference to biobased

§ 3201.75 Air fresheners and deodorizers.
(a) Definition. Products used to alleviate the experience of unpleasant odors
by chemical neutralization, absorption,
anesthetization, or masking.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 97 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased air fresheners and
deodorizers. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased air fresheners and deodorizers.
[77 FR 20289, Apr. 4, 2012]

§ 3201.76

Asphalt and tar removers.

(a) Definition. Cleaning agents designed to remove asphalt or tar from
equipment, roads, or other surfaces.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 80 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased asphalt and tar removers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require

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§ 3201.77

7 CFR Ch. XXXII (1–1–20 Edition)

the use of biobased asphalt and tar removers.
[77 FR 20289, Apr. 4, 2012]

§ 3201.77 Asphalt restorers.
(a) Definition. Products designed to
seal, protect, or restore poured asphalt
and concrete surfaces.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 68 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased asphalt restorers.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased asphalt restorers.

rmajette on DSKBCKNHB2PROD with CFR

[77 FR 20289, Apr. 4, 2012]

§ 3201.78 Blast media.
(a) Definition. Abrasive particles
sprayed forcefully to clean, remove
contaminants, or condition surfaces,
often preceding coating.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 94 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased blast media. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased blast media.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item

may overlap with the EPA-designated
recovered content product: Miscellaneous products—blasting grit. USDA is
requesting that manufacturers of these
qualifying biobased products provide
information on the USDA Web site of
qualifying biobased products about the
intended uses of the product, information on whether or not the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated blasting grit products and
which product should be afforded the
preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased blast
media within this designated product category can compete with similar blasting grit
products with recycled content. Under the
Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated blasting grit
products containing recovered materials as
products for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.17.
[77 FR 20289, Apr. 4, 2012]

§ 3201.79

Candles and wax melts.

(a) Definition. Products composed of a
solid mass and either an embedded
wick that is burned to provide light or
aroma, or that are wickless and melt
when heated to produce an aroma.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 88 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased candles and wax
melts. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require

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Office of Procurement and Property Management, USDA
the use of biobased candles and wax
melts.
[77 FR 20289, Apr. 4, 2012]

§ 3201.80 Electronic components cleaners.
(a) Definition. Products that are designed to wash or remove dirt or extraneous matter from electronic parts, devices, circuits, or systems.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 91 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased electronic components cleaners. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased electronic
components cleaners.

rmajette on DSKBCKNHB2PROD with CFR

[77 FR 20289, Apr. 4, 2012]

§ 3201.81 Floor coverings (non-carpet).
(a) Definition. Products, other than
carpet products, that are designed for
use as the top layer on a floor. Examples are bamboo, hardwood, and cork
tiles.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 91 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased floor coverings
(non-carpet). By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications

§ 3201.82

require the use of biobased floor coverings (non-carpet).
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item
may overlap with the EPA-designated
recovered content product: Construction Products—floor tiles. USDA is requesting that manufacturers of these
qualifying biobased products provide
information on the USDA Web site of
qualifying biobased products about the
intended uses of the product, information on whether or not the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPAdesignated floor tile products and
which product should be afforded the
preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased floor coverings within this designated product category can compete with similar floor tile
products with recycled content. Under the
Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency designated floor tile
products containing recovered materials as
products for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.17.
[77 FR 20289, Apr. 4, 2012]

§ 3201.82 Foot care products.
(a) Definition. Products formulated to
be used in the soothing or cleaning of
feet.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 83 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased foot care products.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for products to

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§ 3201.83

7 CFR Ch. XXXII (1–1–20 Edition)

be procured shall ensure that the relevant specifications require the use of
biobased foot care products.
[77 FR 20289, Apr. 4, 2012]

§ 3201.83 Furniture cleaners and protectors.
(a) Definition. Products designed to
clean and provide protection to the
surfaces of household furniture other
than the upholstery.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 71 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased furniture cleaners
and protectors. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased furniture
cleaners and protectors.

rmajette on DSKBCKNHB2PROD with CFR

[77 FR 20289, Apr. 4, 2012]

§ 3201.84 Inks.
(a) Definitions. (1) Inks are liquid or
powdered materials that are available
in several colors and that are used to
create the visual image on a substrate
when writing, printing, and copying.
(2) Inks for which Federal preferred
procurement applies are:
(i) Specialty inks. Inks used by printers to add extra characteristics to their
prints for special effects or functions.
Specialty inks include, but are not limited to: CD printing, erasable, FDA
compliant, invisible, magnetic, scratch
and sniff, thermochromic, and tree
marking inks.
(ii) Inks (sheetfed—color). Pigmented
inks (other than black inks) used on
coated and uncoated paper, paperboard,
some plastic, and foil to print in color
on annual reports, brochures, labels,
and similar materials.
(iii) Inks (sheetfed—black). Black inks
used on coated and uncoated paper, pa-

perboard, some plastic, and foil to
print in black on annual reports, brochures, labels, and similar materials.
(iv) Inks (printer toner—<25 pages per
minute (ppm)). Inks that are a powdered
chemical, used in photocopying machines and laser printers, which is
transferred onto paper to form the
printed image. These inks are formulated to be used in printers with standard fusing mechanisms and print
speeds of less than 25 ppm.
(v) Inks (printer toner—≥25 ppm). Inks
that are a powdered chemical, used in
photocopying machines and laser printers, which is transferred onto paper to
form the printed image. These inks are
formulated to be used in printers with
advanced fusing mechanisms and print
speeds of 25 ppm or greater.
(vi) Inks (news). Inks used primarily
to print newspapers.
(b) Minimum biobased content. The
minimum biobased content for all inks
shall be based on the amount of qualifying biobased carbon in the product as
a percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the Federal preferred procurement products are:
(1) Specialty inks—66 percent.
(2) Inks (sheetfed—color)—67 percent.
(3) Inks (sheetfed—black)—49 percent.
(4) Inks (printer toner—<25 ppm)—34
percent.
(5) Inks (printer toner—≥25 ppm)—20
percent.
(6) Inks (news)—32 percent.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased inks. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
inks.
[77 FR 20289, Apr. 4, 2012]

§ 3201.85 Packing and insulating materials.
(a) Definition. Pre-formed and molded
materials that are used to hold package contents in place during shipping
or for insulating and sound proofing
applications.

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Office of Procurement and Property Management, USDA
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 74 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased packing and insulating materials. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased packing and
insulating materials.

rmajette on DSKBCKNHB2PROD with CFR

[77 FR 20289, Apr. 4, 2012]

§ 3201.86 Pneumatic equipment lubricants.
(a) Definition. Lubricants designed
specifically for pneumatic equipment,
including air compressors, vacuum
pumps, in-line lubricators, rock drills,
jackhammers, etc.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 67 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased pneumatic equipment lubricants. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased pneumatic
equipment lubricants.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item
may overlap with the EPA-designated
recovered content product: Vehicular
Products—re-refined lubricating oils.
USDA is requesting that manufacturers of these qualifying biobased prod-

§ 3201.87

ucts provide information on the USDA
Web site of qualifying biobased products about the intended uses of the
product, information on whether or not
the product contains any recovered
material, in addition to biobased ingredients, and performance standards
against which the product has been
tested. This information will assist
Federal
agencies
in
determining
whether or not a qualifying biobased
product overlaps with EPA-designated
re-refined lubricating oil products and
which product should be afforded the
preference in purchasing.
NOTE TO PARAGRAPH (d): Biobased pneumatic equipment lubricants within this designated product category can compete with
similar re-refined lubricating oil products
with recycled content. Under the Resource
Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection
Agency designated re-refined lubricating oil
products containing recovered materials as
products for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.17.
[77 FR 20289, Apr. 4, 2012]

§ 3201.87

Wood and concrete stains.

(a) Definition. Products that are designed to be applied as a finish for concrete and wood surfaces and that contain dyes or pigments to change the
color without concealing the grain pattern or surface texture.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 39 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than April 4, 2013, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased wood and concrete
stains. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require

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rmajette on DSKBCKNHB2PROD with CFR

§ 3201.88

7 CFR Ch. XXXII (1–1–20 Edition)

the use of biobased wood and concrete
stains.

the use of biobased animal cleaning
products.

[77 FR 20289, Apr. 4, 2012]

[77 FR 69386, Nov. 19, 2012]

§ 3201.88 Agricultural spray adjuvants.
(a) Definition. Products mixed in the
spray tank with the herbicide, pesticide, or fertilizer formulas that will
improve the efficiency and the effectiveness of the chemicals, including
sticking agents, wetting agents, etc.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 50 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased agricultural spray
adjuvants. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased agricultural spray
adjuvants.

§ 3201.90

[77 FR 69386, Nov. 19, 2012]

§ 3201.91

§ 3201.89 Animal cleaning products.
(a) Definition. Products designed to
clean, condition, or remove substances
from animal hair or other parts of an
animal.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 57 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased animal cleaning
products. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require

(a) Definition. Products used to remove non-decomposed plant material
accumulated in grassy areas.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 87 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased dethatchers. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased dethatchers.

Deodorants.

(a) Definition. Products that are designed for inhibiting or masking perspiration and other body odors and
that are often combined with an antiperspirant.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 73 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased deodorants. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased deodorants.
[77 FR 69386, Nov. 19, 2012]

Dethatcher products.

[77 FR 69386, Nov. 19, 2012]

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Office of Procurement and Property Management, USDA
§ 3201.92

Fuel conditioners.

rmajette on DSKBCKNHB2PROD with CFR

(a) Definition. Products formulated to
improve the performance and efficiency of engines by providing benefits
such as removing accumulated deposits, increasing lubricity, removing
moisture, increasing the cetane number,
and/or
preventing
microbial
growths within the fuel system.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 64 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased fuel conditioners.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased fuel conditioners.

leather, vinyl, and rubber care products.
[77 FR 69386, Nov. 19, 2012]

§ 3201.94

Lotions and moisturizers.

(a) Definition. Creams and oils used to
soften and treat damaged skin.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 59 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased lotions and moisturizers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased lotions and moisturizers.

[77 FR 69386, Nov. 19, 2012]

[77 FR 69386, Nov. 19, 2012]

§ 3201.93 Leather, vinyl, and rubber
care products.

§ 3201.95

(a) Definition. Products that help
clean, nourish, protect, and restore
leather, vinyl, and rubber surfaces, including
cleaners,
conditioners,
protectants, polishes, waxes, etc.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 55 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased leather, vinyl, and
rubber care products. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased

§ 3201.95

Shaving products.

(a) Definition. Products designed for
every step of the shaving process, including shaving creams, gels, soaps, lotions, and aftershave balms.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 92 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased shaving products.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased shaving products.
[77 FR 69386, Nov. 19, 2012]

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§ 3201.96

7 CFR Ch. XXXII (1–1–20 Edition)

§ 3201.96 Specialty precision cleaners
and solvents.
(a) Definition. Cleaners and solvents
used in specialty applications. These
materials may be used in neat solution,
diluted with water, or in hand wiping
applications.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 56 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased specialty precision
cleaners and solvents. By that date,
Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
specialty precision cleaners and solvents.

rmajette on DSKBCKNHB2PROD with CFR

[77 FR 69386, Nov. 19, 2012]

§ 3201.98

Wastewater systems coatings.

(a) Definition. Coatings that protect
wastewater containment tanks, liners,
roofing, flooring, joint caulking, manholes and related structures from corrosion. Protective coatings may cover
the entire system or be used to fill
cracks in systems.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 47 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased wastewater systems coatings. By that date, Federal
agencies that have the responsibility
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased wastewater
systems coatings.
[77 FR 69386, Nov. 19, 2012]

§ 3201.97 Sun care products.
(a) Definition. Products including
sunscreens, sun blocks, and suntan lotions that are topical products that absorb or reflect the sun’s ultraviolet radiation to protect the skin.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 53 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than November 19, 2013, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased sun care products.
By that date, Federal agencies that
have the responsibility for drafting or
reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased sun care products.
[77 FR 69386, Nov. 19, 2012]

§ 3201.99 Water and wastewater treatment chemicals.
(a) Definition. Chemicals that are specifically formulated to purify raw
water or to treat and purify wastewater from residential, commercial, industrial, and agricultural systems. Examples include coagulants, flocculants,
neutralizing agents, activated carbon,
or defoamers. This category excludes
microbial cleaning products.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 87 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased water and wastewater treatment chemicals. By that
date, Federal agencies responsible for
drafting or reviewing specifications for

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Office of Procurement and Property Management, USDA
products to be procured shall ensure
that the relevant specifications require
the use of biobased water and wastewater treatment chemicals.
[84 FR 32021, July 5, 2019]

§ 3201.100 Aircraft and boat cleaners.
(a) Definition. (1) Aircraft and boat
cleaners are products designed to remove built-on grease, oil, dirt, pollution, insect reside, or impact soils on
both interior and exterior of aircraft
and/or boats.
(2) Aircraft and boat cleaners for
which Federal preferred procurement
applies are:
(i) Aircraft cleaners. Cleaning products
designed to remove built-on grease, oil,
dirt, pollution, insect reside, or impact
soils on both interior and exterior of
aircraft.
(ii) Boat cleaners. Cleaning products
designed to remove built-on grease, oil,
dirt, pollution, insect reside, or impact
soils on both interior and exterior of
boats.
(b) Minimum biobased content. The
minimum biobased content for all aircraft and boat cleaners shall be based
on the amount of qualifying biobased
carbon in the product as a percent of
the weight (mass) of the total organic
carbon in the finished product. The applicable minimum biobased contents
for the Federal preferred procurement
products are:
(1) Aircraft cleaners—48 percent.
(2) Boat cleaners—38 percent.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased aircraft and boat
cleaners. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased aircraft and boat
cleaners.

rmajette on DSKBCKNHB2PROD with CFR

[78 FR 34872, June 11, 2013]

§ 3201.101 Automotive care products.
(a) Definition. Products such as
waxes, buffing compounds, polishes,
degreasers, soaps, wheel and tire cleaners, leather care products, interior
cleaners, and fragrances that are for-

§ 3201.102

mulated for cleaning and protecting
automotive surfaces.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 75 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased automotive care
products. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased automotive care
products.
[78 FR 34872, June 11, 2013]

§ 3201.102 Engine crankcase oils.
(a) Definition. Lubricating products
formulated to provide lubrication and
wear protection for four-cycle gasoline
or diesel engines.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 25 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased engine crankcase
oils. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased engine crankcase
oils.
(d) Determining overlap with an EPAdesignated recovered content product.
Qualifying products within this item
may overlap with the EPA-designated
recovered content product: Re-refined
lubricating oils. USDA is requesting
that manufacturers of these qualifying
biobased products provide information

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§ 3201.103

7 CFR Ch. XXXII (1–1–20 Edition)

on the USDA Web site of qualifying
biobased products about the intended
uses of the product, information on
whether or not the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether or not a qualifying biobased
product overlaps with EPA-designated
re-refined lubricating oil products and
which product should be afforded the
preference in purchasing.
NOTE TO PARAGRAPH (d): Engine crankcase
oils within this designated product category
can compete with similar re-refined lubricating oil products with recycled content.
Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency designated rerefined lubricating oil products containing
recovered materials as products for which
Federal agencies must give preference in
their purchasing programs. The designation
can be found in the Comprehensive Procurement Guideline, 40 CFR 247.17.
[78 FR 34872, June 11, 2013]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.103

Gasoline fuel additives.

(a) Definition. Chemical agents added
to gasoline to increase octane levels,
improve lubricity, and provide engine
cleaning properties to gasoline-fired
engines.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 92 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased gasoline fuel additives. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased gasoline fuel additives.
[78 FR 34872, June 11, 2013]

§ 3201.104 Metal cleaners and corrosion removers.
(a) Definition. (1) Products that are
designed to clean and remove grease,
oil, dirt, stains, soils, and rust from
metal surfaces.
(2) Metal cleaners and corrosion removers for which Federal preferred
procurement applies are:
(i) Corrosion removers. Products that
are designed to remove rust from metal
surfaces through chemical action.
(ii) Stainless steel cleaners. Products
that are designed to clean and remove
grease, oil, dirt, stains, and soils from
stainless steel surfaces.
(iii) Other metal cleaners. Products
that are designed to clean and remove
grease, oil, dirt, stains, and soils from
metal surfaces other than stainless
steel.
(b) Minimum biobased content. The
minimum biobased content for all
metal cleaners and corrosion removers
shall be based on the amount of qualifying biobased carbon in the product as
a percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the Federal preferred procurement products are:
(1) Corrosion removers—71 percent.
(2) Stainless steel cleaners—75 percent.
(3) Other metal cleaners—56 percent.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased metal cleaners and
corrosion removers. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
metal cleaners and corrosion removers.
[78 FR 34872, June 11, 2013]

§ 3201.105 Microbial cleaning products.
(a) Definition. (1) Cleaning agents
that use microscopic organisms to
treat or eliminate waste materials
within drains, plumbing fixtures, sewage systems, wastewater treatment
systems, or on a variety of other surfaces. These products typically include
organisms that digest protein, starch,
fat, and cellulose.

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Office of Procurement and Property Management, USDA
(2) Microbial cleaning products for
which Federal preferred procurement
applies are:
(i) Drain maintenance products. Products containing microbial agents that
are intended for use in plumbing systems such as sinks, showers, and tubs.
(ii) Wastewater maintenance products.
Products containing microbial agents
that are intended for use in wastewater
systems such as sewer lines and septic
tanks.
(iii) General cleaners. Products containing microbial agents that are intended for multi-purpose cleaning in
locations such as residential and commercial kitchens and bathrooms.
(b) Minimum biobased content. The
minimum biobased content for all microbial cleaning products shall be
based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product. The applicable minimum
biobased contents for the Federal preferred procurement products are:
(1) Drain maintenance products—45
percent.
(2) Wastewater maintenance products—
44 percent.
(3) General cleaners—50 percent.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased microbial cleaning
products. By that date, Federal agencies that have the responsibility for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased microbial cleaning
products.

§ 3201.108

(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased paint removers. By
that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased paint removers.
[78 FR 34872, June 11, 2013]

§ 3201.107 Water turbine bearing oils.
(a) Definition. Lubricants that are
specifically formulated for use in the
bearings found in water turbines for
electric power generation. Previously
designated turbine drip oils are used to
lubricate bearings of shaft driven water
well turbine pumps.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 46 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than June 11, 2014, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased water turbine bearing oils. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased water turbine bearing oils.
[78 FR 34872, June 11, 2013]

rmajette on DSKBCKNHB2PROD with CFR

[78 FR 34872, June 11, 2013]

§ 3201.106 Paint removers.
(a) Definition. Products formulated to
loosen and remove paint from painted
surfaces.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 41 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.

§ 3201.108 Intermediates—Plastic Resins.
(a) Definition. Intermediates—Plastic
Resins are materials that are typically
viscous liquids with the ability to
harden permanently and may exist in
liquid or solid (powder or pellets)
states. Intermediates—Plastic Resins
may be used in a variety of finished
products neat, consisting of a single
resin or polymer, or a homogeneous
blend of two or more neat resins or
polymers, or a composite, containing
two or more distinct materials such as

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§ 3201.109

7 CFR Ch. XXXII (1–1–20 Edition)

fiber-reinforced resins. Additionally,
Intermediates—Plastic Resins may be
used in finished products as additives
such as plasticizers, pigments, thermal
stability agents, or impact modifiers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Plastic Resins. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased Intermediates—Plastic Resins.

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[83 FR 31848, July 10, 2018]

§ 3201.109 Intermediates—Chemicals.
(a) Definition. Intermediates—Chemicals are those used as reactants for organic synthesis reactions rather than
for their functional properties in a
chemical mixture; those used as building block chemicals and secondary
chemicals such as glycerol, succinic
acid, propanediol, and monomers such
as lactic acid and propylene; those used
for specific functional properties during manufacturing of other products
such as pH regulators, flocculants,
precipitants,
neutralizing
agents,
emulsifiers, viscosity reducers, rheology modifiers, adhesion agents, detergents, wetting agents, foaming
agents, or dispersants; those that are
added to end-use products for their specific functional properties including
polyols, polymers, and solvents for
thinning and drying applications but
excluding solvents used for cleaning;
and those used for dyes, pigments, and
scents including flavorings for nonfood products such as lip balm.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying

biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Chemicals. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be
procured shall ensure that the relevant
specifications require the use of
biobased Intermediates—Chemicals.
[83 FR 31848, July 10, 2018]

§ 3201.110 Intermediates—Paint
Coating Components.

(a) Definition. Intermediates—Paint
and Coating Components are ingredients used to formulate finished waterborne or solvent borne paint and coating products. Examples of Intermediates—Paint and Coating Components
include binders, pigments, thickeners,
curing agents, modifiers, humectants,
open time additives, alkyd latex resins,
polymers, polyols, reactive oligomers,
or reactive diluents.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Paint and Coating Components. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased Intermediates—Paint and Coating Components.
[83 FR 31848, July 10, 2018]

§ 3201.111 Intermediates—Textile
Processing Materials.
(a) Definition. Intermediates—Textile
Processing Materials are used to treat

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Office of Procurement and Property Management, USDA
or finish textiles for the purposes of altering textile characteristics such as
color, fading, wrinkle resistance, texture, or moisture management.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Textile Processing Materials. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased Intermediates—
Textile Processing Materials.
[83 FR 31848, July 10, 2018]

§ 3201.112 Intermediates—Foams.
(a) Definition. Intermediates—Foams
are dry polymer foams used for nonconstruction purposes, such as cushions for furniture.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Foams. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased Intermediates—Foams.

rmajette on DSKBCKNHB2PROD with CFR

[83 FR 31848, July 10, 2018]

§ 3201.113 Intermediates—Fibers and
Fabrics.
(a) Definition. Intermediates—Fibers
and Fabrics encompasses plant and ani-

§ 3201.114

mal fibers, fibers made from plant-derived polymers that are not yet formed
into more complex products such as
carpet or fabrics, fabrics made from
natural fibers, fabrics made from synthetic fibers, or fabrics made from a
blend of the two. These materials are
used to manufacture finished products
such as clothing, upholstery, or drapes.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 25 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—Fibers and Fabrics. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased Intermediates—Fibers and
Fabrics.
[83 FR 31848, July 10, 2018]

§ 3201.114 Intermediates—Lubricant
Components.
(a) Definition. Intermediates—Lubricant Components are ingredients that
used specifically to formulate finished
lubricant products. Examples of Intermediates—Lubricant Components include base oils, base fluids, additives,
or friction modifiers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 44 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—Lubricant Components. By that date,
Federal agencies responsible for drafting or reviewing specifications for
products to be procured shall ensure

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§ 3201.115

7 CFR Ch. XXXII (1–1–20 Edition)

that the relevant specifications require
the use of biobased Intermediates—Lubricant Components.
[83 FR 31848, July 10, 2018]

§ 3201.115

Intermediates—Binders.

(a) Definition. Intermediates—Binders
are materials used to provide cohesiveness throughout an entire finished
product. Binders are generally polymers or polymer precursors (such as
epoxies) and include the polymeric materials used to formulate coatings, adhesives, sealants, and elastomers. The
product category does not include adhesives and glues that are finished
products used to attach the surfaces of
two or more distinct and separate components to one another.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 47 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Binders. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased Intermediates—Binders.
[83 FR 31848, July 10, 2018]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.116 Intermediates—Cleaner
Components.
(a) Definition. Intermediates—Cleaner
Components are intermediate ingredients used specifically for formulating
finished cleaning products. Examples
of Intermediates—Cleaner Components
include chelating agents, surfactants,
hydrotropes, fatty acids, or solvents.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 55 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the

total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Cleaner Components. By that date,
Federal agencies responsible for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased Intermediates—
Cleaner Components.
[83 FR 31848, July 10, 2018]

§ 3201.117 Intermediates—Personal
Care Product Components.
(a) Definition. Intermediates—Personal Care Product Components are ingredients used to formulate finished
personal care products. Examples of
Intermediates—Personal Care Product
Components include surfactants, oils,
humectants, emollients, or emulsifiers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 62 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Personal Care Product Components. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased Intermediates—Personal Care Product Components.
[83 FR 31848, July 10, 2018]

§ 3201.118 Intermediates—Oils,
and Waxes.

(a) Definition. Intermediates—Oils,
Fats, and Waxes include raw or modified fats and oils derived from plants or
animals.
(b) Minimum biobased content. The
Federal preferred procurement product

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Office of Procurement and Property Management, USDA
must have a minimum biobased content of at least 65 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Oils, Fats, and Waxes. By that date,
Federal agencies responsible for drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased Intermediates—
Oils, Fats, and Waxes.
[83 FR 31848, July 10, 2018]

§ 3201.119 Intermediates—Rubber Materials.
(a) Definition. Intermediates—Rubber
Materials are used in finished products
such as rubber gloves, vehicle tires,
footwear, sports apparel and equipment, bedding and pillow foams, tubing, catheters, gasketing, or cosmetic
adhesives and bases.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 96 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the weight (mass) of the
total organic carbon in the finished
product.
(c) Preference compliance date. No
later than July 10, 2019, procuring
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased Intermediates—
Rubber Materials. By that date, Federal agencies responsible for drafting
or reviewing specifications for products
to be procured shall ensure that the
relevant specifications require the use
of biobased Intermediates—Rubber Materials.

rmajette on DSKBCKNHB2PROD with CFR

[83 FR 31848, July 10, 2018]

§ 3201.120 Adhesives.
(a) Definition. Adhesives are compounds that temporarily or permanently bind two item surfaces together.
These products include glues and

§ 3201.121

sticky tapes used in construction,
household, flooring, and industrial settings. This category excludes epoxy
systems.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 24 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased adhesives. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased adhesives.
[84 FR 32021, July 5, 2019]

§ 3201.121
ucts.

Animal habitat care prod-

(a) Definition. Animal habitat care
products are products that are intended to improve the quality of animal habitats such as cleaning supplies,
sanitizers, feeders, and products that
control, mask, or suppress pet odors.
This category excludes animal bedding
or litter products and animal cleaning
products.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased animal habitat
care products. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased animal habitat care products.
[84 FR 32021, July 5, 2019]

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§ 3201.122

7 CFR Ch. XXXII (1–1–20 Edition)

§ 3201.122 Cleaning tools.
(a) Definition. Cleaning tools are objects that are used to clean a variety of
surfaces or items and can be used multiple times. This category includes
tools such as brushes, scrapers, abrasive pads, and gloves that are used for
cleaning. The expendable materials
used in cleaning, such as glass cleaners, single-use wipes, and all-purpose
cleaners, are excluded from this category, as these materials better fit in
other categories.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased cleaning tools. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased cleaning
tools.

rmajette on DSKBCKNHB2PROD with CFR

[84 FR 32021, July 5, 2019]

§ 3201.123 Concrete curing agents.
(a) Definition. Concrete curing agents
are products that are designed to enhance and control the curing process of
concrete.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 59 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased concrete curing
agents. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased concrete curing agents.

(d) Determining overlap with a designated product category in the EPA’s
Comprehensive Procurement Guideline
(CPG) program. Qualifying products
within this product category may overlap with the EPA’s CPG-designated recovered content product category of
Construction Products: Cement and
Concrete. USDA is requesting that
manufacturers of these qualifying
biobased products provide information
on the BioPreferred Program’s website
about the intended uses of the product,
information on whether the product
contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product category of Construction Products: Cement and Concrete and which product
should be afforded the preference in
purchasing.
NOTE 1 TO PARAGRAPH (d): Concrete curing
agents within this designated product category can compete with similar concrete
curing agents with recycled content. Under
the Resource Conservation and Recovery Act
of 1976, section 6002, the U.S. Environmental
Protection Agency CPG-designated Construction Products: Cement and Concrete
containing recovered materials as products
for which Federal agencies must give preference in their purchasing programs. The
designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.12.
[84 FR 32021, July 5, 2019]

§ 3201.124 Concrete repair materials.
(a) Definition. (1) Products that are
designed to repair cracks and other
damage to concrete.
(2) Concrete repair materials for
which preferred procurement applies
are:
(i) Concrete repair materials—concrete
leveling. Concrete repair materials—
concrete leveling are products that are
designed to repair cracks and other
damage to concrete by raising or stabilizing concrete.
(ii) Concrete repair materials—concrete
patching. Concrete repair materials—
concrete patching are products that
are designed to repair cracks and other
damage to concrete by filling and
patching the concrete.

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(b) Minimum biobased content. The
minimum biobased content for all concrete repair materials shall be based on
the amount of qualifying biobased carbon in the product as a percent of the
total organic carbon in the finished
product. The applicable minimum
biobased contents are:
(1) Concrete repair materials—concrete leveling—23 percent.
(2) Concrete repair materials—concrete patching—69 percent.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased concrete repair
materials. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be
procured shall ensure that the relevant
specifications require the use of
biobased concrete repair materials.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Construction Products: Cement and Concrete. USDA is requesting that manufacturers of these qualifying biobased
products provide information on the
BioPreferred Program’s website about
the intended uses of the product, information on whether the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product category of Construction Products: Cement and Concrete and which product
should be afforded the preference in
purchasing.
NOTE 1 TO PARAGRAPH (d): Concrete repair
materials within this designated product
category can compete with similar concrete
repair materials with recycled content.
Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency CPG-designated Construction Products: Cement and
Concrete containing recovered materials as
products for which Federal agencies must
give preference in their purchasing programs. The designation can be found in the

§ 3201.127

Comprehensive Procurement Guideline, 40
CFR 247.12.
[84 FR 32021, July 5, 2019]

§ 3201.125 Durable cutlery.
(a) Definition. Durable cutlery consists of dining utensils that are designed to be used multiple times.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 28 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased durable cutlery. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased durable cutlery.
[84 FR 32021, July 5, 2019]

§ 3201.126 Durable tableware.
(a) Definition. Durable tableware consists of multiple-use drinkware and
dishware including cups, plates, bowls,
and serving platters.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 28 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased durable tableware.
By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
durable tableware.
[84 FR 32021, July 5, 2019]

§ 3201.127 Epoxy systems.
(a) Definition. Epoxy systems are twocomponent systems that are epoxy-

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§ 3201.128

7 CFR Ch. XXXII (1–1–20 Edition)

based and are used as coatings, adhesives, surface fillers, and composite
matrices.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 23 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased epoxy systems. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased epoxy systems.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.128
ings.

Exterior paints and coat-

(a) Definition. Exterior paints and
coatings are pigmented liquid products
that typically contain pigments to add
color and are formulated for use on
outdoor surfaces. When these products
dry, they typically form a protective
layer and provide a coat of color to the
applied surface. This category includes
paint and primers but excludes wood
and concrete sealers and stains and
specialty coatings such as roof coatings, wastewater system coatings, and
water tank coatings.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 83 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased exterior paints and
coatings. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be
procured shall ensure that the relevant
specifications require the use of
biobased exterior paints and coatings.

(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Construction Products: Consolidated and
Reprocessed Latex Paint for Specified
Uses. USDA is requesting that manufacturers of these qualifying biobased
products provide information on the
BioPreferred Program’s website about
the intended uses of the product, information on whether the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product category of Construction Products: Consolidated and Reprocessed Latex Paint
for Specified Uses and which product
should be afforded the preference in
purchasing.
NOTE 1 TO PARAGRAPH (d): Exterior paints
and coatings within this designated product
category can compete with similar exterior
paints and coatings with recycled content.
Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency CPG-designated Construction Products: Consolidated
and Reprocessed Latex Paint for Specified
Uses containing recovered materials as products for which Federal agencies must give
preference in their purchasing programs. The
designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.12.
[84 FR 32021, July 5, 2019]

§ 3201.129 Facial care products.
(a) Definition. Facial care products
are cleansers, moisturizers, and treatments specifically designed for the
face. These products are used to care
for the condition of the face by supporting skin integrity, enhancing its
appearance, and relieving skin conditions. This category does not include
tools and applicators, such as those
used to apply facial care products.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 88 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a

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Office of Procurement and Property Management, USDA
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased facial care products. By that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased facial care products.

§ 3201.132

percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased fire logs and fire
starters. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be
procured shall ensure that the relevant
specifications require the use of
biobased fire logs and fire starters.

[84 FR 32021, July 5, 2019]
[84 FR 32021, July 5, 2019]

§ 3201.130 Feminine care products.
(a) Definition. Feminine care products
are products that are designed for
maintaining feminine health and hygiene. This category includes sanitary
napkins, panty liners, and tampons.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 65 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased feminine care products. By that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased feminine care products.

rmajette on DSKBCKNHB2PROD with CFR

[84 FR 32021, July 5, 2019]

§ 3201.131 Fire logs and fire starters.
(a) Definition. Fire logs and fire starters are devices or substances that are
used to start a fire intended for uses
such as comfort heat, decoration, or
cooking. Examples include fire logs
and lighter fluid. This category excludes heating fuels for chafing dishes,
beverage urns, warming boxes, and
wick lamps.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 92 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a

§ 3201.132

Folders and filing products.

(a) Definition. Folders and filing products are products that are designed to
hold together items such as loose
sheets of paper, documents, and photographs with clasps, fasteners, rings, or
folders. This category includes binders,
folders, and document covers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 56 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased folders and filing
products. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be
procured shall ensure that the relevant
specifications require the use of
biobased folders and filing products.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product categories of NonPaper Office Products: Binders, Clipboards, File Folders, Clip Portfolios,
and Presentation Folders and NonPaper Office Products: Plastic Envelopes. USDA is requesting that manufacturers of these qualifying biobased
products provide information on the
BioPreferred Program’s website about

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§ 3201.133

7 CFR Ch. XXXII (1–1–20 Edition)

the intended uses of the product, information on whether the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product categories of Non-Paper Office Products:
Binders, Clipboards, File Folders, Clip
Portfolios, and Presentation Folders
and Non-Paper Office Products: Plastic
Envelopes and which product should be
afforded the preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Biobased folders
and filing products within this designated
product category can compete with similar
folders and filing products with recycled content. Under the Resource Conservation and
Recovery Act of 1976, section 6002, the U.S.
Environmental Protection Agency CPG-designated Non-Paper Office Products: Binders,
Clipboards, File Folders, Clip Portfolios, and
Presentation Folders and Non-Paper Office
Products: Plastic Envelopes containing recovered materials as products for which Federal agencies must give preference in their
purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.16.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.133

Foliar sprays.

(a) Definition. Foliar sprays are products that are applied to the leaves of
plants and provide plants with nutrients. These products may also repair
plants from previous pest attacks. Examples include liquid fertilizers, foliar
feeds, and micronutrient solutions.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 50 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased foliar sprays. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications

require
sprays.

the

use

of

biobased

[84 FR 32021, July 5, 2019]

§ 3201.134 Gardening supplies and accessories.
(a) Definition. Gardening supplies and
accessories are products that are used
to grow plants in outdoor and indoor
settings. Examples include seedling
starter trays, nonwoven mats or substrates for hydroponics, and flower or
plant pots. This category excludes
compost activators and accelerators;
erosion control materials; fertilizers,
including soil inoculants; foliar sprays;
mulch and compost materials; and soil
amendments.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 43 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased gardening supplies
and accessories. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased gardening supplies and accessories.
[84 FR 32021, July 5, 2019]

§ 3201.135 Heating
lamps.

fuels

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(a) Definition. Heating fuels and wick
lamps are products that create controlled sources of heat or sustain controlled open flames that are used for
warming food, portable stoves, beverage urns, or fondue pots. This category also includes wick lamps and
their fuels that create controlled
sources of light indoors and in camping
or emergency preparedness situations.
This category excludes fire logs and
fire starters and candles and wax
melts.
(b) Minimum biobased content. The
Federal preferred procurement product

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must have a minimum biobased content of at least 75 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased heating fuels and
wick lamps. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased heating fuels and wick lamps.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.136 Kitchenware
sories.

and

acces-

(a) Definition. Kitchenware and accessories are products designed for food or
drink preparation. These products include cookware and bakeware, such as
baking cups, cookie sheets, parchment
paper, and roasting bags or pans; cooking utensils, such as brushes, tongs,
spatulas, and ladles; and food preparation items, such as cutting boards,
measuring cups, mixing bowls, coffee
filters, food preparation gloves, and
sandwich and snack bags. These products exclude kitchen appliances, such
as toasters, blenders, and coffee makers; disposable tableware; disposable
cutlery; disposable containers; durable
tableware; durable cutlery; and cleaning tools.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased kitchenware and
accessories. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the rel-

§ 3201.137

evant specifications require the use of
biobased kitchenware and accessories.
[84 FR 32021, July 5, 2019]

§ 3201.137

Other lubricants.

(a) Definition. Other lubricants are lubricant products that do not fit into
any of the BioPreferred Program’s specific lubricant categories. This category includes lubricants that are formulated for specialized uses. Examples
of other lubricants include lubricants
used for sporting or exercise gear and
equipment, musical instruments, and
specialized equipment such as tree
shakers. This category excludes lubricants that are covered by the specific
lubricant categories such as chain and
cable lubricants, firearm lubricants,
forming lubricants, gear lubricants,
multi-purpose lubricants, penetrating
lubricants, pneumatic equipment lubricants, and slide way lubricants.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 39 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased other lubricants.
By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
other lubricants.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Vehicular Products: Re-Refined Lubricating Oil. USDA is requesting that
manufacturers of these qualifying
biobased products provide information
on the BioPreferred Program’s website
about the intended uses of the product,
information on whether the product
contains any recovered material, in addition to biobased ingredients, and performance standards against which the

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§ 3201.138

7 CFR Ch. XXXII (1–1–20 Edition)

product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product category of Vehicular Products: Re-Refined Lubricating Oil and which product should be afforded the preference in
purchasing.
NOTE 1 TO PARAGRAPH (d): Other lubricants
within this designated product category can
compete with similar other lubricants with
recycled content. According to the Resource
Conservation and Recovery Act of 1976, section 6002, Federal agencies must give preference in their purchasing programs for the
U.S. Environmental Protection Agency’s
CPG-designated Vehicular Products: Re-Refined Lubricating Oil containing recovered
materials as products. The designation can
be found in the Comprehensive Procurement
Guideline, 40 CFR 247.11.

rmajette on DSKBCKNHB2PROD with CFR

[84 FR 32021, July 5, 2019]

§ 3201.138 Phase change materials.
(a) Definition. Phase change materials
are products that are capable of absorbing and releasing large amounts of
thermal energy by freezing and thawing at certain temperatures. Heat is
absorbed or released when the material
changes from solid to liquid and vice
versa. Applications may include, but
are not limited to, conditioning of
buildings, medical applications, thermal energy storage, or cooling of food.
Materials such as animal fats and plant
oils that melt at desirable temperatures are typically used to make products in this category.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 71 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased phase change materials. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased phase change materials.
[84 FR 32021, July 5, 2019]

§ 3201.139 Playground and athletic
surface materials.
(a) Definition. Playground and athletic surface materials are products
that are designed for use on playgrounds and athletic surfaces. Examples include materials that are applied
to the surfaces of playgrounds, athletic
fields, and other sports surfaces to enhance or change the color or general
appearance of the surface and to provide safety and/or performance benefits. Such materials include, but are
not limited to, top coatings, primers,
line marking paints, and rubberized
pellets that are used on athletic courts,
tracks, natural or artificial turf, and
other playing surfaces. This category
does not include the artificial turf or
surface itself, as that is included in the
carpets product category.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased playground and
athletic surface materials. By that
date, Federal agencies responsible for
drafting or reviewing specifications for
products to be procured shall ensure
that the relevant specifications require
the use of biobased playground and
athletic surface materials.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product categories of
Parks and Recreation Products: Playground Surfaces and Running Tracks.
USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Program’s website about the
intended uses of the product, information on whether the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will

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assist Federal agencies in determining
whether a qualifying biobased product
overlaps with the EPA’s CPG-designated product categories of Parks
and Recreation Products: Playground
Surfaces and Running Tracks and
which product should be afforded the
preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Playground and
athletic surface materials within this designated product category can compete with
similar playground and athletic surface materials with recycled content. According to
the Resource Conservation and Recovery Act
of 1976, section 6002, Federal agencies must
give preference in their purchasing programs
for the U.S. Environmental Protection Agency’s CPG-designated product categories of
Parks and Recreation Products: Playground
Surfaces and Running Tracks containing recovered materials as products. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.10.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.140

Powder coatings.

(a) Definition. Powder coatings are
polymer resin systems that are combined with stabilizers, curatives, pigments, and other additives and ground
into a powder. These coatings are applied electrostatically to metallic surfaces and then cured under heat. Powder coatings are typically used for
coating metals, such as vehicle and bicycle parts, household appliances, and
aluminum extrusions.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 34 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased powder coatings.
By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
powder coatings.
[84 FR 32021, July 5, 2019]

§ 3201.141

§ 3201.141

Product packaging.

(a) Definition. Product packaging
items are used to protect, handle, and
retain a product during activities related but not limited to its storage,
distribution, sale, and use. These containers are typically designed to be
used once. This category excludes
packing and insulating materials and
shopping and trash bags.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 25 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased product packaging.
By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
product packaging.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Paper
Products: Paperboard and Packaging.
USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Program’s website about the
intended uses of the product, information on whether the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether a qualifying biobased product
overlaps with the EPA’s CPG-designated product category of Paper
Products: Paperboard and Packaging
and which product should be afforded
the preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Product packaging within this designated product category can compete with similar product
packaging with recycled content. Under the
Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental

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§ 3201.142

7 CFR Ch. XXXII (1–1–20 Edition)

Protection Agency CPG-designated Paper
Products: Paperboard and Packaging containing recovered materials as products for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.10.

rmajette on DSKBCKNHB2PROD with CFR

[84 FR 32021, July 5, 2019]

§ 3201.142 Rugs and floor mats.
(a) Definition. Rugs or floor mats are
floor coverings that are used for decorative or ergonomic purposes and that
are not attached to the floor. This category includes items such as area rugs,
rug runners, chair mats, and bathroom
and kitchen mats. This category excludes products composed of woven,
tufted, or knitted fiber and a backing
system because these products fall
under the ‘‘Carpets’’ product category.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 23 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased rugs and floor
mats. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased rugs and floor mats.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Miscellaneous Products: Mats. USDA is requesting that manufacturers of these
qualifying biobased products provide
information on the BioPreferred Program’s website about the intended uses
of the product, information on whether
the product contains any recovered
material, in addition to biobased ingredients, and performance standards
against which the product has been
tested. This information will assist
Federal
agencies
in
determining
whether a qualifying biobased product
overlaps with the EPA’s CPG-des-

ignated product category of Miscellaneous Products: Mats and which product should be afforded the preference in
purchasing.
NOTE 1 TO PARAGRAPH (d): Rugs and floor
mats within this designated product category can compete with similar rugs or floor
mats with recycled content. Under the Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency CPG-designated Miscellaneous Products: Mats containing recovered
materials as products for which Federal
agencies must give preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement
Guideline, 40 CFR 247.17.
[84 FR 32021, July 5, 2019]

§ 3201.143 Shopping and trash bags.
(a) Definition. Shopping and trash
bags are open-ended bags that are typically made of thin, flexible film and
are used for containing and transporting items such as consumer goods
and waste. Examples include trash
bags, can liners, shopping or grocery
bags, pet waste bags, compost bags,
and yard waste bags. This category
does not include product packaging,
disposable containers, or semi-durable
and non-durable films.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 22 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased shopping and trash
bags. By that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased shopping and trash bags.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of NonPaper Office Products: Plastic Trash
Bags. USDA is requesting that manufacturers of these qualifying biobased

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Office of Procurement and Property Management, USDA
products provide information on the
BioPreferred Program’s website about
the intended uses of the product, information on whether the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated product category of Non-Paper Office Products:
Trash Bags and which product should
be afforded the preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Shopping and
trash bags within this designated product
category can compete with similar shopping
and trash bags with recycled content. Under
the Resource Conservation and Recovery Act
of 1976, section 6002, the U.S. Environmental
Protection Agency CPG-designated NonPaper Office Products: Trash Bags containing recovered materials as products for
which Federal agencies must give preference
in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.17.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.144

Soil amendments.

(a) Definition. Soil amendments are
materials that enhance the physical
characteristics of soil through improving water retention or drainage, improving nutrient cycling, promoting
microbial growth, or changing the
soil’s pH. This category excludes foliar
sprays and chemical fertilizers.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 72 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased soil amendments.
By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured
shall ensure that the relevant specifications require the use of biobased
soil amendments.

§ 3201.145

(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product categories of
Landscaping Products: Compost Made
From Recovered Organic Materials and
Landscaping Products: Fertilizer Made
From Recovered Organic Materials.
USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Program’s website about the
intended uses of the product, information on whether the product contains
any recovered material, in addition to
biobased ingredients, and performance
standards against which the product
has been tested. This information will
assist Federal agencies in determining
whether a qualifying biobased product
overlaps with the EPA’s CPG-designated product categories Landscaping Products: Compost Made From
Recovered Organic Materials and Landscaping Products: Fertilizer Made
From Recovered Organic Materials and
which product should be afforded the
preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Soil amendments within this designated product category can compete with similar soil amendments with recycled content. Under the Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency CPG-designated Landscaping Products: Compost Made From Recovered Organic Materials and Landscaping
Products: Fertilizer Made From Recovered
Organic Materials containing recovered materials as products for which Federal agencies must give preference in their purchasing
programs. The designation can be found in
the Comprehensive Procurement Guideline,
40 CFR 247.15.
[84 FR 32021, July 5, 2019]

§ 3201.145 Surface guards, molding,
and trim.
(a) Definition. Surface guards, molding, and trim products are typically
used during construction or manufacturing. These products are designed to
protect surfaces, such as walls and
floors, from damage or to cover the exposed edges of furniture or floors.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 26 percent, which shall

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§ 3201.146

7 CFR Ch. XXXII (1–1–20 Edition)

be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased surface guards,
molding, and trim. By that date, Federal agencies responsible for drafting
or reviewing specifications for products
to be procured shall ensure that the
relevant specifications require the use
of biobased surface guards, molding,
and trim.
[84 FR 32021, July 5, 2019]

§ 3201.146 Toys and sporting gear.
(a) Definition. Toys and sporting gear
are products that are designed for indoor or outdoor recreational use including, but not limited to, toys;
games; and sporting equipment and accessories such as balls, bats, racquets,
nets, and bicycle seats. This category
does not include products such as
cleaners, lubricants, and oils that are
used to maintain or clean toys and
sporting gear.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 32 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased toys and sporting
gear. By that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased toys and sporting gear.

rmajette on DSKBCKNHB2PROD with CFR

[84 FR 32021, July 5, 2019]

§ 3201.147 Traffic and zone marking
paints.
(a) Definition. Traffic and zone marking paints are products that are formulated and marketed for marking and
striping parking lots, roads, streets,
highways, or other traffic surfaces in-

cluding, but not limited to, curbs,
crosswalks, driveways, sidewalks, and
airport runways.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 30 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased traffic and zone
marking paints. By that date, Federal
agencies responsible for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the use of
biobased traffic and zone marking
paints.
[84 FR 32021, July 5, 2019]

§ 3201.148 Transmission fluids.
(a) Definition. Transmission fluids are
liquids that lubricate and cool the
moving parts in a transmission to prevent wearing and to ensure smooth performance.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 60 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying
biobased
transmission
fluids. By that date, Federal agencies
responsible for drafting or reviewing
specifications for products to be procured shall ensure that the relevant
specifications require the use of
biobased transmission fluids.
(d) Determining overlap with a designated product category in the EPA’s
CPG program. Qualifying products within this product category may overlap
with the EPA’s CPG-designated recovered content product category of Vehicular Products: Re-refined Lubricating Oil. USDA is requesting that
manufacturers of these qualifying

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Office of Procurement and Property Management, USDA
biobased products provide information
on the BioPreferred Program’s website
about the intended uses of the product,
information on whether the product
contains any recovered material, in addition to biobased ingredients, and performance standards against which the
product has been tested. This information will assist Federal agencies in determining
whether
a
qualifying
biobased product overlaps with the
EPA’s CPG-designated Vehicular Products: Re-Refined Lubricating Oil and
which product should be afforded the
preference in purchasing.
NOTE 1 TO PARAGRAPH (d): Transmission
fluids within this designated product category can compete with similar transmission
fluids with recycled content. Under the Resource Conservation and Recovery Act of
1976, section 6002, the U.S. Environmental
Protection Agency CPG-designated product
categories Vehicular Products: Re-Refined
Lubricating Oil containing recovered materials as products for which Federal agencies
must give preference in their purchasing programs. The designation can be found in the
Comprehensive Procurement Guideline, 40
CFR 247.11.
[84 FR 32021, July 5, 2019]

rmajette on DSKBCKNHB2PROD with CFR

§ 3201.149

Wall coverings.

(a) Definition. Wall coverings are materials that are applied to walls using
an adhesive. This category includes,
but is not limited to, wallpaper, vinyl
wall coverings, and wall fabrics. This
category excludes all types of paints or
coatings.
(b) Minimum biobased content. The
Federal preferred procurement product
must have a minimum biobased content of at least 62 percent, which shall
be based on the amount of qualifying
biobased carbon in the product as a
percent of the total organic carbon in
the finished product.
(c) Preference compliance date. No
later than July 6, 2020, procuring agencies, in accordance with this part, will
give a procurement preference for
qualifying biobased wall coverings. By
that date, Federal agencies responsible
for drafting or reviewing specifications
for products to be procured shall ensure that the relevant specifications
require the use of biobased wall coverings.
[84 FR 32021, July 5, 2019]

§ 3202.2

PART 3202—VOLUNTARY LABELING
PROGRAM FOR BIOBASED PRODUCTS
Sec.
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 Requirement 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.

§ 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.
§ 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

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