Section 9002 of the 2002 Farm Bill, as amended and expanded by the 2008, 2014 and 2018 Farm Bills, established a biobased markets program. The law requires Federal agencies to establish affirmative procurement programs for preferred purchasing of biobased products. The law also created a Voluntary Labeling Program that allows companies to apply for certification to display the USDA Certified Biobased Product label. The purpose of the Section 9002 program is to spur economic development, create new jobs and provide new markets for farm commodities
Biobased product is defined as a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or an intermediate ingredient or feedstock.
Section 9002 is implemented by the USDA BioPreferred® program. USDA is required to designate categories of biobased products. Federal agencies and their contactors are then required to give preferential consideration to products in these designated categories when making purchases. The USDA BioPreferred program also manages the Voluntary Labeling Program.
The law provides that Federal agencies and their contractors must procure biobased products within each USDA-designated category unless the agency determines that the items are not reasonably available within a reasonable period of time, fail to meet applicable performance standards, or are available only at an unreasonable price.