Innovative Criteria
USDA will consider as eligible only those products that use innovative approaches in the growing, harvesting, sourcing, procuring, processing, manufacturing, or application of the biobased product. USDA will consider products that meet one or more of the criteria below to be eligible for the BioPreferred® Program. USDA will monitor this self-validation process on a continuing basis and may exclude from the BioPreferred Program any products whose manufacturers, when requested to do so by USDA, are unable to provide USDA with the documentation necessary to support claims that innovative approaches are used.
Product Application
(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.
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 reduce waste and ensure high feedstock material recovery and use.
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.
Raw Material Sourcing
(A) The raw material used in the product is sourced from a Legal Source (see Note below), a Responsible Source, or a Certified Source as designated by ASTM D7612 Standard Practice for Categorizing Wood and Wood-Based Products According to Their Fiber Sources (material from National Forest System land will be considered as originating from a Responsible Source); or
(B) The raw material used in the product is 100% resourced or recycled (such as material obtained from building deconstruction or agricultural wastes); or
(C) 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
(D) 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.
NOTE: In item 4(A) above, the term "legal source" (also referred to as a "non-controversial source") means that the wood fibers are from jurisdictions with a low risk of illegal activity or from controlled wood standards, stair-step standards, legality assessments, or other proprietary standards. Products from non-controversial sources are traceable to the applicable jurisdiction, or chain of custody. The term "Responsible source" means that the wood fibers are acquired from a legal source utilizing independently certified procurement standards or are from a proprietary forestry standard or from jurisdictions with regulatory or quasi-regulatory programs to implement best management practices. "Certified sources" means wood fiber acquired in accordance with, and independently certified to, an internationally recognized voluntary forest certification standard or equivalent.
Please contact help@usdabiopreferred.net if you have any questions.
History of Innovative Criteria Requirements
In establishing the BioPreferred Program in the 2002 Farm Bill, Congress expressed its intent in the legislative history for the Program to focus on "new and emerging markets." As a result, USDA excluded "mature market" products (i.e., those with a significant market share in 1972) in the first set of implementing regulations and in the 2011 regulations establishing the labeling program. An example of a mature market product is office printer paper made from traditional forestry and pulping processes. This product is biobased but held a substantial portion of the office paper market in 1972.
The 2014 Farm Bill directed USDA to "promote biobased products, including forest products that apply an innovative approach to growing, harvesting, sourcing, procuring, processing, manufacturing, or application of biobased products regardless of the date of entry into the marketplace." Thus, products initially considered to be mature market products were made eligible for inclusion in the Program if manufacturers demonstrate that they apply an "innovative approach" during the life cycle of their product. The Innovative Criteria are included in the Program’s regulation in the Code of Federal Regulations.