PART 4270—USDA BIOBASED MARKETS PROGRAM: FEDERAL PROCUREMENT AND VOLUNTARY LABELING Authority: 7 U.S.C. 8102. Source: 89 FR 97465, Dec. 9, 2024, unless otherwise noted. § 4270.1 Purpose and scope. (a) This part sets forth the procedures and guidelines for the implementation of the USDA Biobased Markets Program, called the BioPreferred® Program, established by section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA) as amended by the Food, Conservation, and Energy Act of 2008, and further amended by the Agricultural Act of 2014, and the Agriculture Improvement Act of 2018 (Pub. L. 107-171, 116 Stat. 476, 7 U.S.C. 8102). (b) The guidelines in this part establish: (1) A process for designating categories of products that are, or can be, produced with biobased Intermediate Ingredients or feedstocks and whose procurement by procuring agencies and other relevant Stakeholders will carry out the objectives of section 9002 of FSRIA; (2) The criteria for eligibility and the process through which Biobased Products can participate in the BioPreferred Program, be subject to preferred Federal procurement, and be eligible to display the USDA Certified Biobased Product Label; (3) Specifications for the correct and incorrect uses of the USDA Certified Biobased Product Label and Certification Icon, which apply to Participating Organizations and Other Entities; and (4) Actions that constitute noncompliance with this part. § 4270.2 Definitions Agricultural materials. Applicable minimum biobased content. ASTM International (ASTM). Biobased content. Biobased content testing. Biobased product(s). (i) Composed, in whole or in significant part, of Biological Products, including renewable domestic Agricultural Materials, Renewable Chemicals, 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. For the purposes of the BioPreferred Program, the term Biobased Product does not include motor vehicle fuels, heating oils, or electricity. Biodegradability. Biological products. Certification icon. biopreferred.gov Figure 1 to Definition of Certified Icon—Certification Icon Certified application. Certified biobased product. Complex assembly. Days. Defined product category. Designated product category. biopreferred.gov Designated representative. Federal agency. Forest product. (1) Pulp, paper, paperboard, pellets, lumber, and other wood products; and (2) Any recycled products derived from forest materials. Formulated product. FSRIA. Ingredient. Innovative criteria. Intermediate ingredient or feedstock. ISO. ISO 9001 conformant. Other entity. Parent product. Participating organization. Prequalification. Procuring agency. Qualified biobased product(s). Register of Designated Categories. biopreferred.gov Renewable chemical. Secretary. Stakeholder. USDA. USDA Certified Biobased Product label. biopreferred.gov Figure 2 to Definition of USDA Certified Biobased Product Label—USDA Certified Biobased Product Label Figure 3 to Definition of USDA Certified Biobased Product Label—USDA Certified Biobased Package Label Figure 4 to Definition of USDA Certified Biobased Product Label—USDA Certified Biobased Product & Package Label § 4270.3 Applicability. (a) Applicability to Federal procurements Applicability to procurement actions. (2) Exception for procurements subject to Environmental Protection Agency (EPA) regulations under the Solid Waste Disposal Act. (3) Procuring products composed of the highest percentage of Biobased Content. (4) Incidental purchases. i.e., (5) Exemptions. (i) Military equipment: Products or systems designed or procured for combat or combat-related missions. (ii) Spacecraft systems and launch support equipment. (b) Applicability to Participating Organizations and Other Entities Participating Organizations. (2) Other Entities. § 4270.4 Criteria for eligibility. A product must meet each of the criteria specified in paragraphs (a) through (c) of this section to be eligible to participate in the BioPreferred Program. (a) Biobased Product. (1) Products that are qualified for preferred Federal procurement but not certified as of the date of publication of this rule. biopreferred.gov (2) Exclusions. (b) Minimum Biobased Content. (1) Products that fall under one or more Defined Product Categories Product is within a single product category. biopreferred.gov. (ii) Product is within multiple product categories. biopreferred.gov, (2) Products that do not meet the definition of at least one Defined Product Category. (c) Innovative Criteria. (1) Product applications. (ii) The Biobased Product or material is grown, harvested, manufactured, processed, sourced, or applied in other innovative ways; or (iii) The Biobased Content of the product or material makes its composition different from products or material used for the same historical uses or applications. (2) Manufacturing and processing. (ii) The Biobased Product or material is manufactured or processed with technologies that reduce waste and ensure high feedstock material recovery and use. (3) Environmental Product Declaration. (4) Raw material sourcing. (ii) The raw material used in the product is 100% resourced or recycled (such as material obtained from building deconstruction or agricultural wastes); or (iii) The raw material used in the product is acquired as a result of activities related to a natural disaster, debris clearing, right-of-way maintenance, tree health improvement, or public safety; or (iv) The raw material used in the product is grown, harvested, manufactured, processed, sourced, or applied in other sustainable and ethically sourced ways as determined by USDA. Examples include but are not limited to rainforest and habitat conservation, wildlife protection, ethical workplace practices, and adherence to environmental management systems, such as ISO 14001. § 4270.5 Procurement programs. (a) Integration into the Federal procurement framework. (b) Federal Agency preferred procurement programs. (i) A preference program for purchasing Qualified Biobased Products; (ii) A training program to educate the Federal Agency and its contractors on the requirements for purchasing Qualified Biobased Products; (iii) Provisions for the annual review and monitoring of the effectiveness of the procurement program; (iv) Provisions for reporting quantities and types of Biobased Products purchased by the Federal Agency and its contractors through the BioPreferred Program Portal in the System for Award Management ( https://sam.gov (v) Provisions for reviewing and eliminating specifications that prohibit the purchasing of Qualified Biobased Products. (2) In developing their preference program, Federal agencies will 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 timeframe; (B) Fail to meet performance standards for their intended use, or the reasonable performance standards of the Federal Agency; or (C) Are not available at a reasonable 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. (iii) A policy of documenting and reporting cases where it is not possible to award contracts and set specifications in such a way that is consistent with section 9002 of FSRIA and the requirements of this part. (3) In implementing the preference program, Federal agencies will treat as eligible for the preference Biobased Products from designated countries, as that term is defined in 48 CFR 25.003 (Federal Acquisition Regulation), provided that those products otherwise meet all requirements for participation in the preference program. (4) Each Federal Agency will continue to establish an annual targeted biobased-only procurement requirement under which the Procuring Agency will 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. biopreferred.gov § 4270.6 Category designation. (a) Procedure. biopreferred.gov (1) General. biopreferred.gov. (i) Adding new product categories to the Register of Designated Categories. (A) New Defined Product Categories that are identified during the category evaluation process will be added to the Register of Designated Categories on the BioPreferred Program website ( biopreferred.gov (B) The provisional minimum will be in place for a period of six months following the addition of the new Defined Product Category to the Register of Designated Categories. During that time, any product that falls within the category based on the category definition and has a Biobased Content that is either at least 30 percent or within 30 percentage points of the provisional minimum, whichever is higher, will be considered for inclusion. (C) After a period of six months following the addition of the new product category to the Register of Designated Categories, USDA will re-evaluate the provisional category name, description, and minimum Biobased Content based on the data gathered during the year. At that time, USDA will make final the product category name, description, and minimum Biobased Content, and the category will no longer be considered provisional. (D) Procuring agencies, in accordance with this part, are encouraged to give a procurement preference for Qualified Biobased Products that falls within provisionally designated categories and are required to give a procurement preference for Qualified Biobased Products that falls within designated categories no later than six months after the finalized product category is added to the Register of Designated Categories. By that date, Federal agencies responsible for products to be procured will ensure that the relevant specifications require the use of Biobased Products that fall within the designated categories. (ii) Revising Defined Product Categories on the Register of Designated Categories. (2) Public comments. (3) Continued eligibility. (b) Considerations. (2) In designating product categories for the BioPreferred Program, USDA will consider as eligible only those products that use innovative approaches in growing, harvesting, sourcing, procuring, processing, manufacturing, or application of the Biobased Product. USDA will consider products that meet one or more of the criteria in § 4270.4(b)(1) and (2) to be eligible for the BioPreferred Program. USDA will also consider other documentation of innovative approaches in growing, harvesting, sourcing, procuring, processing, manufacturing, or application of Biobased Products on a case-by-case basis. § 4270.7 Determining Biobased Content. (a) Certification requirements. (b) Minimum Biobased Content. (c) Determining Biobased Content. (1) General. (2) Complex Assemblies Equation. Where: M i BCC i OCC i (ii) Proportional sampling. (d) Products and Intermediate Ingredients or Feedstocks with the same formulation. (1) Test exemptions. (2) Families. § 4270.8 [Reserved] § 4270.9 Initial approval process. (a) Application. biopreferred.gov (1) General content. (i) Contact information, including the name, mailing address, email address, and telephone number of the applicant. (ii) The product's brand name(s) or other identifying information. (iii) Intended uses of the product. (iv) The biobased source(s) of the raw materials used in the product. (v) Information to document that one or more of the Innovative Criteria specified in § 4270.4(c) has been met. (vi) The corresponding Designated Product Category classification for preferred Federal procurement. (vii) The estimated Biobased Content of the product. (viii) A web link directly to the applicant's website (if available). (2) Commitments. biopreferred.gov (b) Evaluation of applications Initial evaluation. (2) Prequalification. (ii) For those applications that are conditionally approved to move forward, Biobased Content Testing must be completed as described in § 4270.7. Test results obtained prior to the application being conditionally accepted or obtained in a manner that does not comply with this part cannot be accepted. (iii) After Biobased Content Testing has been completed, USDA will evaluate the results and determine if the product meets the criteria described in § 4270.4(b). For those applications that meet the criteria described in § 4270.4(b), USDA will issue a notice of certification, as specified in paragraph (c) of this section. A notice of certification must be issued before the use of the USDA Certified Biobased Product Label can begin. (iv) For those applications that are disapproved, USDA will inform the applicant in writing of each criterion not met. (c) Notice of certification. (1) If at any time, during the application process or after a product has been certified, any of the information specified in paragraphs (a)(1)(i) through (viii) of this section changes, the applicant must notify USDA of the change within 30 Days. Such notification must be provided in writing via email to USDA. Failure to notify USDA of any change made to a Certified Biobased Product may result in the violation actions described in § 4270.12. (2) After receiving the notice of certification, the Participating Organization may request to display a Biobased Content percentage that is lower than the content measured by the ASTM D6866 test results but is greater than or equal to the applicable category minimums. Such requests must be sent in writing via email to USDA and must be approved by USDA. (3) If, after reviewing the test results, USDA determines that the product does not meet the Applicable Minimum Biobased Content, USDA will issue a notice of denial of certification and will inform the applicant in writing via email of each criterion not met. (d) Term of certification General. (i) If the certification is not renewed within the 90 Days, the product certification will expire, the product will no longer be a Certified Biobased Product, and the product information will be removed from the BioPreferred Program website ( biopreferred.gov (ii) If a Participating Organization whose product certification has expired wishes to renew the certification, the participant must follow the procedures required for original certification. (iii) All certifications are subject to periodic USDA auditing activities, as described in § 4270.15. If a Participating Organization fails to participate in such audit activities or if such audit activities reveal Biobased Content violations, as specified in § 4270.12, the certification will be subject to suspension and revocation according to the procedures specified in § 4270.12(c)(3). (iv) If USDA discovers that a certification has been issued for an ineligible product as a result of errors on the part of USDA during the approval process, USDA will notify the Participating Organization in writing that the certification is revoked effective 30 Days from the date of the notice. (2) Reformulations. (i) If the product formulation or raw materials of a Certified Biobased Product are changed such that the Biobased Content of the product is reduced to a level below that reported in the Certified Application, the existing certification will no longer be valid for the product under these revised conditions and the Participating Organization and its Designated Representatives must discontinue affixing the USDA Certified Biobased Product Label to the product and must not initiate any further advertising of the product using the USDA Certified Biobased Product Label. USDA will consider a product under such revised conditions to be a reformulated product, and the Participating Organization must submit a new application for certification using the procedures specified in paragraph (a) of this section. (ii) If the product formulation of a Certified Biobased Product is changed such that the Biobased Content of the product is increased from the level reported in the Certified Application, and the raw materials are not significantly changed, the existing certification will continue to be valid for the product. (iii) If the applicable required minimum Biobased Content for a product to participate in the BioPreferred Program is revised by USDA, Participating Organizations must follow the requirements specified in § 4270.6(a)(3). (3) Test exemptions. (4) Special considerations. (ii) Participants who have Qualified Biobased Products that are not certified as of January 8, 2025 and do not provide recent ASTM D6866 test results within three years of the publication of this rule will be required to have their products tested and certified as described in § 4270.7. If certification is not completed within three years of the publication of this rule, these Biobased Products will no longer be listed as Qualified Biobased Products on the BioPreferred Program's website ( biopreferred.gov biopreferred.gov (iii) For those participants who have Certified Biobased Products that have been certified for more than five years as of the date of publication of this rule, USDA will require that the certification be renewed as described in paragraph (d)(1) of this section within three years of January 8, 2025. If an application for renewal is not completed within three years, the product certification will expire, the product will no longer be a Certified Biobased Product, and the product information will be removed from the BioPreferred Program website ( biopreferred.gov § 4270.10 [Reserved] § 4270.11 Requirements associated with promotional certification materials. (a) How participation in the BioPreferred Program can be promoted. biopreferred.gov (1) Participating Organizations. (i) May use the USDA Certified Biobased Product Label (in one of the approved variations, as applicable) on the product, its packaging, and other related materials including, but not limited to, advertisements, catalogs, specification sheets, procurement sheets, procurement databases, promotional material, websites, or user manuals for that product, according to the requirements set forth in this section. (ii) Is responsible for the manner in which the USDA Certified Biobased Product Label is used by its companies, as well as its Designated Representatives, including advertising agencies, marketing and public relations firms, and subcontractors. (2) Other Entities. (i) The Certification Icon; (ii) The phrase “USDA Certified Biobased Product/Package/Product & Package,” as applicable; and (iii) The BioPreferred Program name in general statements as described in paragraph (b) of this section, as long as the statements do not imply that a non-certified product is certified or endorsed by USDA. (b) Correct usage of the USDA Certified Biobased Product Label and other promotional certification materials. (2) The USDA Certified Biobased Product Label may be used in material including, but not limited to, advertisements, catalogs, procurement databases, websites, and promotional and educational materials to distinguish certified products from those that are not certified. The USDA Certified Biobased Product Label may be used in advertisements for both Certified Biobased Products and non-certified/labeled products if the advertisement clearly indicates which products are certified/labeled. Care must be taken to avoid implying that any non-certified products are certified. (3) When educating the public about the USDA Certified Biobased Product Label, the watermarked sample version of the USDA Certified Biobased Product Label may be used without reference to a specific Biobased Product. For example, the following or similar claims are acceptable: “Look for the `USDA Certified Biobased Product Label. It means that the product meets USDA standards for the minimum amount of Biobased Content and the manufacturer or vendor has provided relevant information on the product to be posted on the BioPreferred Program website ( biopreferred.gov (4) The USDA Certified Biobased Product Label may appear next to a picture of the Certified Biobased Product(s) or text describing it. (5) The USDA Certified Biobased Product Label must stand alone and not be incorporated into any other certification mark or logo designs. (6) The USDA Certified Biobased Product Label may be embossed, stamped, or used as a watermark provided the use does not violate any BioPreferred Program brand standards or usage restrictions specified in this part. (7) The text portion of the USDA Certified Biobased Product Label must be written in English and may not be translated, even when the certification mark is used outside of the United States. (c) Incorrect usage of the USDA Certified Biobased Product Label and other promotional certification materials. (2) The USDA Certified Biobased Product Label will not be used in a way that does not maintain the integrity of the label and the BioPreferred Program. (3) The word “BioPreferred” will not be used as a descriptor for anything other than the Program, including but not limited to products, categories, and companies. The BioPreferred Program name, the word “BioPreferred,” and the phrase “USDA Certified Biobased Product” are not interchangeable. For example, certified products may not be referenced as being “BioPreferred products.” (4) The USDA Certified Biobased Product Label will not be used on any advertisements or informal materials where both Certified Biobased Products and non-certified products are shown unless it is clear that the USDA Certified Biobased Product Label applies to only the Certified Biobased Product(s). (5) The BioPreferred Program name and the USDA Certified Biobased Product Label will not be used to imply endorsement by USDA or the BioPreferred Program of any particular product, service, or company. (6) The BioPreferred Program name and the USDA Certified Biobased Product Label will not be used in any form that could be misleading to the consumer. (7) The BioPreferred Program name and the USDA Certified Biobased Product Label will not be used by manufacturers or vendors of Certified Biobased Products in a manner disparaging to USDA or any other government body. (8) The BioPreferred Program name, the word “BioPreferred,” the USDA Certified Biobased Product Label, and the Certification Icon will not be altered or incorporated into other label or logo designs. (9) The USDA Certified Biobased Product Label will not be used on business cards, company letterhead, company stationary, or email signatures. (10) The BioPreferred Program name, the word “BioPreferred,” the USDA Certified Biobased Product Label, and the Certification Icon will not be used in, or as part of, any company name, logo, product name, service, or website, except as may be provided for in this part. (11) The BioPreferred Program name, the word “BioPreferred,” the USDA Certified Biobased Product Label, and the Certification Icon will not be used in a manner that violates any of the applicable requirements contained in this part. (d) Imported products. (e) Elements of the USDA Certified Biobased Product Label. (1) USDA Certified Biobased Product: Product. (2) USDA Certified Biobased Product: Package. (3) USDA Certified Biobased Product: Product & Package. (f) Physical aspects of the USDA Certified Biobased Product Label. (1) A multi-color version of the USDA Certified Biobased Product Label is preferred. The USDA Certified Biobased Product Label colors to be applied will be stipulated in the “USDA BioPreferred Program Brand and Marketing Guidelines” document available on the BioPreferred Program website ( biopreferred.gov (2) Black or white outline versions of the USDA Certified Biobased Product Label are acceptable. (g) Placement of the USDA Certified Biobased Product Label. (2) The USDA Certified Biobased Product Label will not be placed in a manner that is ambiguous about which product is a Certified Biobased Product or that could indicate certification of a non-certified product. (3) When used to distinguish a Certified Biobased Product in material including, but not limited to, advertisements, catalogs, procurement databases, websites, and promotional and educational materials, the USDA Certified Biobased Product Label must appear near a picture of the product or text describing it. (i) If all products on a page are Certified Biobased Products with the same Biobased Content percentage, the USDA Certified Biobased Product Label may be placed anywhere on that page. (ii) If a page contains a mix of Certified Biobased Products and non-certified Biobased Products, the USDA Certified Biobased Product Label will be placed in close proximity to the Certified Biobased Products. An individual USDA Certified Biobased Product Label near each Certified Biobased Product may be necessary to avoid confusion. (h) Minimum size and clear space requirements for the USDA Certified Biobased Product Label. (2) The USDA Certified Biobased Product Label must be surrounded by a border of clear space that must be of sufficient width to offset it from surrounding images and text to avoid confusion. If a one-color outline version of the USDA Certified Biobased Product Label is used, the USDA Certified Biobased Product Label must appear on a solid background that is a contrasting color. (i) Where to obtain copies of the promotional certification materials. biopreferred.gov § 4270.12 Violations of program requirements. This section identifies the types of actions that USDA considers violations under this part and the penalties ( e.g., (a) General. (b) Types of violations. (1) Biobased Content violations. (i) If the testing shows that the Biobased Content of a Certified Biobased Product is less than its Applicable Minimum Biobased Content, then a violation of this part will have occurred. (ii) If the testing shows that the Biobased Content is less than that reported in the product's Certified Application but is still equal to or greater than its Applicable Minimum Biobased Content(s), USDA will provide written notification to the Participating Organization. The participant must submit, within 90 Days from receipt of USDA written notification, a new application for the lower Biobased Content. Failure to submit a new application within 90 Days will be considered a violation of this part. (A) The participant can submit a new application to use the Biobased Content reported to it by USDA in the written notification. (B) Alternatively, the participant may submit a new application and elect to retest the product in question. If the participant elects to retest the product, it must test a sample of the current product, and the procedures in § 4270.9 must be followed. USDA reserves the right to select the sample that will be submitted for retesting. (2) USDA Certified Biobased Product Label violations. (ii) Affixing the USDA Certified Biobased Product Label to any product prior to issuance of a notice of certification from USDA. (iii) Affixing the USDA Certified Biobased Product Label to a Certified Biobased Product during periods when certification has been suspended or revoked. (iv) Using an image or icon other than the official USDA Certified Biobased Product Label in association with certification claims. (3) Application violations. (4) BioPreferred Program website violations. (c) Noncompliance and escalation of actions. (1) Noncompliance. biopreferred.gov (2) Violation. i.e., (3) Suspension and Revocation. biopreferred.gov (ii) If, within 30 Days from receipt of the notice of suspension, the participant whose USDA product certification has been suspended makes the required corrections and notifies the USDA that the corrections have been made, the participant and their Designated Representatives may, upon receipt of USDA approval of the corrections, resume use of the USDA Certified Biobased Product Label. USDA will also restore the product information to the BioPreferred Program website ( biopreferred.gov (iii) If, following the 30-Day period, the participant does not make the required corrections, the certification for that product will be revoked. As of that date, the participant must not affix the USDA Certified Biobased Product Label to any of that product not already labeled. In addition, the participant and their Designated Representatives are prohibited from further sales of the product to which the USDA Certified Biobased Product Label is affixed, and the product will no longer be listed on the BioPreferred Program website ( biopreferred.gov (iv) If a participant whose product certification has been revoked wishes to participate in the BioPreferred Program again, the participant must follow the procedures required for the original certification specified in § 4270.9. (4) Other remedies. § 4270.13 Appeal process. Participating Organizations whose product certification has been revoked may appeal to USDA. (a) Filing an appeal. biopreferred.gov (2) All appeals must include a copy of the adverse decision and a statement of the appellant's reasons for believing that the decision was not made in accordance with the applicable Program regulations, policies, or procedures, or otherwise was not proper. (b) Reviewing appeals. biopreferred.gov (2) If USDA denies a participant's appeal of a notice of suspension and revocation, then the notice of suspension and revocation stands. (c) Appeals of decisions made on appeals. § 4270.14 Reporting and recordkeeping. (a) Providing product information to Federal agencies Informational website. biopreferred.gov. (i) Product information. (ii) Providing information on price and environmental and health benefits. biopreferred.gov (iii) Industry standards test information. (iv) Biodegradability information. (A) D5338 (Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials Under Controlled Composting Conditions); (B) D5864 (Standard Test Method for Determining the Aerobic Aquatic Biodegradation of Lubricants or Their Components); (C) D5988 (Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials in Soil); (D) D6006 (Standard Guide for Assessing Biodegradability of Hydraulic Fluids); (E) D6400 (Standard Specification for Compostable Plastics) and the standards cited therein; (F) D6139 (Standard Test Method for Determining the Aerobic Aquatic Biodegradation of Lubricants of Their Components Using the Gledhill Shake Flask); (G) D6868 (Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates); and (H) D7081 (Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment). (2) Advertising, labeling, and marketing claims. biopreferred.gov (b) Records. (1) The results of all tests, and any associated calculations, performed to determine the Biobased Content of the product. (2) The notice of certification from USDA, the dates of changes in formulation that affect the Biobased Content of Certified Biobased Products, and the dates when the Biobased Content of Certified Biobased Products were tested. (3) Documentation of analyses performed by participants to support claims of environmental or human health benefits, life cycle cost, sustainability benefits, and product performance made by the participant. (c) Record retention. i.e., § 4270.15 Oversight and monitoring. (a) General. (b) Biobased Content Testing. (c) Inspection of records. (d) Audits. biopreferred.gov (1) If a Participating Organization indicates that their product or company information needs to be updated during an annual desk audit, these updates will be incorporated into the BioPreferred Program website ( biopreferred.gov biopreferred.gov (2) If a Participating Organization fails to complete an annual desk audit, the participant will be considered to be in noncompliance with this part, and the Participating Organization and associated product information will be removed from the BioPreferred Program website ( biopreferred.gov §§ 4270.16-4270.98 [Reserved] § 4270.99 OMB control number. The information collection requirements in this part are approved by the Office of Management and Budget (OMB) and assigned OMB control number 0570-0083.