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90 FR 5512, Jan. 17, 2025, unless otherwise noted.
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(a) The first point of aggregation and intermediary entities must establish and maintain a recordkeeping system to ensure a clear link between reduced-CI crops and documentation at all times. The first point of aggregation and intermediary entities must have a documented system in place to ensure accuracy and prevent the double sale of crops associated with a CI. At minimum, the entity must keep:
(1) Records of incoming and outgoing reduced-CI crop, including:
(i) the total amount and moisture content of reduced-CI crop purchased, sold, or both;
(ii) the entity from and to which the crop was purchased, sold, or both;
(iii) the associated CI; and
(iv) the date of the transaction;
(2) List of and contracts with all suppliers and recipients of reduced-CI crop; and
(3) List of and contracts with subcontractors and service providers who have a direct role in data management, accounting, processing, or other activities that involve the receipt, storage, sale, or tracking of reduced-CI crop.
(b) In addition to the standards in paragraph (a) of this section, the first point of aggregation and intermediary entities must maintain the following documentation from the previous entity in the supply chain:
(1) The first point of aggregation must maintain the Biofuel Feedstock Report from each farm supplying reduced-CI crops; and
(2) Intermediary entities must maintain documentation showing that entities supplying reduced-CI crops or reduced-CI processed products received accredited third-party verification under this part.
(c) When a first point of aggregation or intermediary entity sells reduced-CI crops or reduced-CI processed products, the entity must provide the following documentation to the purchasing entity:
(1) Documentation that the first point of aggregation or intermediary entity received third-party verification in accordance with this part;
(2) The Biofuel Feedstock Report associated with the reduced-CI crop or the reduced-CI crop used as an input in the reduced-CI processed product being sold; and
(3) An attestation including the following information signed under penalties of perjury:
(i) Total amount of reduced-CI crop or reduced-CI processed product sold;
(ii) CI(s) associated with the amount of reduced-CI crop or reduced-CI processed product sold; and
(iii) A statement that the first point of aggregation or intermediary entity understands that the fraudulent use of this attestation may subject the entity and all parties making any fraudulent use of this attestation to a fine or imprisonment, or both, together with the cost of prosecution.
[90 FR 5512, Jan. 17, 2025, as amended at 91 FR 39357, June 29, 2026]