12 2 STA T . 2 07 0 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (I)actions ta ke ntoi mpl ement pa r a g rap h ( 2 )
‘‘(II) the res u lts o f the annual re v ie w an d mon - itoring program esta b lished under paragraph (2)( C )(iv); ‘‘(III) the number and dollar value of contracts entered into during the y ear that include the direct procurement of biobased products; ‘‘(I V ) the number of service and construction (including renovations) contracts entered into during the year that include language on the use of biobased products; and ‘‘(V) the types and dollar value of biobased products actually used by contractors in carrying out service and construction (including renova- tions) contracts during the previous year; and ‘‘(ii) the G eneral S ervices A dministration and the D efense L ogistics Agency shall submit each year to the O ffice of F ederal P rocurement Policy information concerning , to the ma x imum extent practicable, the types and dollar value of biobased products purchased by procuring agencies . ‘‘(C) P ROCU R EM E NTS U BJ ECT TO OT H ER LAW . — Any procurement by any Federal agency that is sub j ect to regu- lations of the Administrator under section 60 02 of the Solid W aste Disposal Act ( 4 2 U .S.C. 6 9 62) shall not be subject to the re q uirements of this section to the extent that the requirements are inconsistent with the regula- tions. ‘‘(b) LABEL I N G .— ‘‘( 1 ) IN GENERAL.— T he Secretary, in consultation with the Administrator, shall establish a voluntary program under which the Secretary authori z es producers of biobased products to use the label ‘USDA Certified B iobased Product ’ . ‘‘(2) E LIGIBILIT Y CRITERIA.— ‘‘(A) CRITERIA.— ‘‘(i) IN GENERAL.— N ot later than 90 days after the date of the enactment of the Food, Conservation, and Energy Act of 200 8 and except as provided in clause (ii), the Secretary, in consultation with the Administrator and representatives from small and large businesses, academia, other Federal agencies, and such other persons as the Secretary considers appropriate, shall issue criteria (as of the date of enact- ment of that Act) for determining which products may qualify to receive the label under paragraph (1). ‘‘(ii) E X CE P TION.—Clause (i) shall not apply to final criteria that have been issued (as of the date of enact- ment of that Act) by the Secretary. ‘‘(B) R E Q UIREMENTS.—Criteria issued under subpara- graph (A) shall— ‘‘(i) encourage the purchase of products with the maximum biobased content; ‘‘(ii) provide that the Secretary may designate as biobased for the purposes of the voluntary program established under this subsection finished products that contain significant portions of biobased materials or components; and Deadlin e .
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