On a May 14, 2008, the United States Department of Agriculture (USDA) issued three final rules that add 27 new items to the list of designated biobased items that are afforded a Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002. The final rules appeared in three separate Federal Register notices, viewable here 73 FR 27928, 73 FR 27958, and 73 FR 27978.

Effective Date for Purchasing Preference

Federal agencies will be required to give a purchasing preference for qualifying biobased products within the 27 new designated items categories no later than May 14, 2009.

Exemptions

USDA includes exemptions from the preferred procurement requirement for (1) products or systems designed or procured for combat or combat-related missions, and (2) spacecraft systems and launch support equipment.

Designated Items

The 27 new items and the minimum content level for each item are:

(View USDA’s definitions for the items listed below.)

Item Minimum Biobased Content
Adhesive and mastic removers 58%
Plastic insulating foam for residential and commercial construction 7%
Hand cleaners and sanitizers –
Hand Cleaners
Hand Sanitizers
 

64%
73%

Composite panels –
Plastic lumber composite panels
Acoustical composite panels
Interior panels
Structural interior panels
Structural wall
 

23%
37%
55%
89%
94%

Fluid-filled transformers –
Synthetic ester-based fluid-filled transformers
Vegetable oil-based fluid-filled transformers
 

66%
95%

Disposable containers 72%
Fertilizers 71%
Sorbents 89%
Graffiti and grease removers 34%
2-Cycle engine oils 34%
Lip care products 82%
Films –
Semi-durable films
Non-durable films
 

45%
85%

Stationary equipment hydraulic fluids 44%
Disposable cutlery 48%
Glass cleaners 49%
Greases –
Food grade grease
Multipurpose grease
Rail track grease
Truck grease
Greases not elsewhere specified
42%
72%
30%
71%
75%
Dust suppressants 85%
Carpets 7%
Carpet and upholstery cleaners –
General Purpose cleaners
Spot removers
 

54%
7%

Bathroom and spa cleaners 74%
Concrete and asphalt release fluids 87%
General purpose de-icers 93%
Firearm lubricants 49%
Floor strippers 78%
Laundry products –
Pretreatment/spot removers
General purpose laundry products
46%
34%
Metalworking fluids –
Straight oils
General purpose soluble, semi-synthetic, and synthetic oils
High performance soluble, semi-synthetic, synthetic oils
 

66%
57%
40%

Wood and concrete sealers –
Penetrating liquid sealers
Membrane concrete sealers
 

79%
11%