Issue 01/2016

Basics
Mandatory Federal purchasing
of biobased products
About the USDA BioPreferred ® Program
By Michael Thielen
Managed by the U.S. Department of Agriculture (USDA),
the Federal Biobased Products Preferred Procurement
Program (BioPreferred ® Program) provides that
Federal agencies in the USA must give purchasing preference
to biobased products designated by this program [1, 2]. The
authority for the program is included in the Farm Security and
Rural Investment Act (FSRIA) of 2002, reauthorized and expanded
as part of the Agricultural Act of 2014 (the 2014 Farm
Bill) [3]. Section 9002 of this Act provides for a preferred procurement
and labeling program and defines biobased products
as commercial or industrial products that are composed,
in whole or in significant part, of biological products or renewable
domestic agricultural materials (including plant, animal,
and marine materials) or forestry materials. Domestic content
is interpreted to mean content not only from the USA
but also from any country with which the United States has a
preferential trade agreement. Countries that are signatories
to NAFTA and CAFTA, for example, will have their qualifying
biobased products treated as domestic products.
The purpose of the BioPreferred program is to spur
economic development, create new jobs and provide new
markets for farm commodities. The increased development,
purchase, and use of biobased products reduces the USA’s
reliance on petroleum, increases the use of renewable
agricultural resources, and contributes to reducing adverse
environmental and health impacts [2].
Mandatory Federal Purchasing
The program requires, that all Federal agencies in the USA
must purchase biobased products in categories identified by
USDA. To date, USDA has identified 97 categories of biobased
products for which agencies and their contractors have
purchasing requirements. These categories include such that
refer to biobased plastic products, e.g. carpets of other floor
coverings (7 %), plastic lumber (23 %), dispoasable containers
(72 %), cutlery (48 %), tableware (72 %), films (non-durable:
85 % – semi-durable: 45 %), packaging and insulating
materials (74%), plastic insulating foam for construction
(7 %), thermal shipping containers (durable: 21 % - nondurable:
82 %), and some more. Each mandatory purchasing
category specifies the minimum biobased content according
to ASTM D6866 (see figures in parentheses).
Excemptions from the mandatory purchasing are products
that are
• not reasonably available
• fail to meet performance standards for the application
intended
• available only at an unreasonable price.
The BioPreferred program does not provide financial support
for its participants. However, USDA’s Rural Development
agency offers loan and grant programs. More information
about this offer can be found on the USDA’s BioPreferred
website [4],
Voluntary Labeling
Consumers are increasingly looking for products with
sustainable attributes. That’s why USDA wants to make it
easy for consumers to identify biobased products. The USDA
Certified Biobased Product label (see picture), displayed on
a product certified by USDA, is designed to provide useful
information to consumers about the biobased content of the
product [2].
Companies offering biobased products that meet USDA
criteria may apply for certification, allowing them to display
the USDA Certified Biobased Product label on the product.
This label assures a consumer that the product contains a
verified amount of renewable biological ingredients (referred
to as biobased content). Consumers can trust the label to
mean what it says because manufacturer’s claims concerning
the biobased content are third-party certified and strictly
monitored by USDA [2].
What Are Biobased Products?
Biobased products are derived from plants and other
renewable agricultural, marine, and forestry materials and
provide an alternative to conventional petroleum derived
products.
Biodegradability required
For some products, such as single use bioplastic products
must meet the appropriate standard for biodegradability
(ASTM D 6400) in order to be designated for the BioPreferred
procurement program. Some examples are cutlery, garbage
bags or food containers [1].
www.biopreferred.gov
[1] Duncan, M.: Federal Agencies in the USA shall buy bioplastics products,
bioplastics MAGAZINE Vol 1, 2006, p 28-29
[2] N.N.: What is BioPreferred, http://www.biopreferred.gov/BioPreferred/
faces/pages/AboutBioPreferred.xhtml
[3] N.N.: The 2014 Farm Bill: https://www.gpo.gov/fdsys/pkg/BILLS-
113hr2642enr/pdf/BILLS-113hr2642enr.pdf
[4] N.N.: USDA Loans and Grants, http://www.biopreferred.gov/BioPreferred/
faces/pages/USDALoansAndGrants.xhtml
40 bioplastics MAGAZINE [01/16] Vol. 11