[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Proposed Rules]
[Pages 5717-5721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2628]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 /
Proposed Rules
[[Page 5717]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-11-0063; NOP-11-11PR]
RIN 0581-AD18
National Organic Program; Proposed Amendment to the National List
of Allowed and Prohibited Substances (Livestock)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the U.S. Department of
Agriculture's (USDA) National List of Allowed and Prohibited Substances
(National List) to address a recommendation submitted to the Secretary
of Agriculture (Secretary) by the National Organic Standards Board
(NOSB) on April 29, 2010. Consistent with the recommendation from the
NOSB, this proposed rule would revise the annotation for one substance
on the National List, methionine, to reduce the maximum levels
currently allowed in organic poultry production after October 1, 2012.
This proposed rule would permit the use of synthetic methionine at the
following maximum levels per ton of feed after October 1, 2012: laying
and broiler chickens--2 pounds; turkeys and all other poultry--3
pounds. This action also proposes to correct the Chemical Abstract
Service (CAS) numbers for the currently allowable forms of synthetic
methionine and seeks comments on these changes.
DATES: Comments must be received by April 6, 2012.
ADDRESSES: Interested persons may submit written comments on this
proposed rule using one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Toni Strother, Agricultural Marketing Specialist,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW.,
Room 2646-So., Ag Stop 0268, Washington, DC 20250-0268.
Instructions: All submissions received must include the docket
number AMS-NOP-11-0063; NOP-11-11PR, and/or Regulatory Information
Number (RIN) 0581-AD18 for this rulemaking. You should clearly indicate
whether you support the action being proposed for the substance in this
proposed rule. You should clearly indicate the reason(s) for your
position. You should also supply information on alternative management
practices, where applicable, that support alternatives to the proposed
action. You should also offer any recommended language change(s) that
would be appropriate to your position. Please include relevant
information and data to support your position (e.g. scientific,
environmental, manufacturing, industry, impact information, etc.). Only
relevant material supporting your position should be submitted. All
comments received will be posted without change to http://www.regulations.gov.
Document: For access to the document to read background documents
or comments received, go to http://www.regulations.gov. Comments
submitted in response to this proposed rule will also be available for
viewing in person at USDA-AMS, National Organic Program, Room 2646-
South Building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m.
to 12 noon and from 1 p.m. to 4 p.m., Monday through Friday (except
official Federal holidays). Persons wanting to visit the USDA South
Building to view comments received in response to this proposed rule
are requested to make an appointment in advance by calling (202) 720-
3252.
FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director,
Standards Division, Telephone: (202) 720-3252; Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 2000, the Secretary established, within the
National Organic Program (7 CFR part 205), the National List
regulations Sec. Sec. 205.600 through 205.607. The National List
identifies synthetic substances that may be used in organic production
and nonsynthetic (natural) substances that may not be used. The
National List also identifies nonagricultural nonsynthetic,
nonagricultural synthetic, and nonorganic agricultural substances that
may be used in organic production and handling. The Organic Foods
Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.), and
the National Organic Program (NOP) regulations, in Sec. 205.105,
specifically prohibit the use of any synthetic substance for organic
production and handling unless the synthetic substance is on the
National List. Section 205.105 also requires that any nonorganic
agricultural or nonsynthetic nonagricultural substance used in organic
handling appear on the National List.
Under the authority of the OFPA, as amended (7 U.S.C. 6501-6522),
the National List can be amended by the Secretary based on
recommendations developed by the National Organic Standards Board
(NOSB). Since established, the NOP has published multiple amendments to
the National List: October 31, 2003 (68 FR 61987); November 3, 2003 (68
FR 62215); October 21, 2005 (70 FR 61217); June 7, 2006 (71 FR 32803);
September 11, 2006 (71 FR 53299); June 27, 2007 (72 FR 35137); October
16, 2007 (72 FR 58469); December 10, 2007 (72 FR 69569); December 12,
2007 (72 FR 70479); September 18, 2008 (73 FR 54057); October 9, 2008
(73 FR 59479); July 6, 2010 (75 FR 38693); August 24, 2010 (75 FR
51919); December 13, 2010 (75 FR 77521) and March 14, 2011 (76 FR
13501). Additionally, a proposed amendment to the National List was
published on May 5, 2011 (76 FR 25612).
This proposed rule would amend the National List to reflect a
recommendation submitted to the Secretary by the NOSB on April 29,
2010. Based upon their evaluation of a petition submitted by industry
participants and a third party technical review, the NOSB recommended
that the Secretary amend Sec. 205.603 of the National List to change
the annotation for one substance, methionine, for use in organic
poultry production. The NOSB reviewed the use of synthetic methionine
in organic poultry production using the evaluation criteria specified
in the OFPA (7 U.S.C. 6517-
[[Page 5718]]
6518). The NOP is also proposing to correct the CAS numbers in the
current listing for synthetic methionine and seeks public comment on
these changes.
II. Overview of Amendment
The following provides an overview of the proposed amendment to the
designated section of the National List regulations:
Section 205.603 Synthetic Substances Allowed for Use in Organic
Livestock Production
This proposed rule would amend paragraph Sec. 205.603(d)(1) by
removing the expiration date ``October 1, 2012'' and revising the
maximum levels of synthetic methionine per ton of feed allowed for
organic poultry.
Methionine is classified as an essential amino acid because it
cannot be biologically produced by poultry and is necessary to maintain
viability. Methionine is required for proper cell development and
feathering in poultry. Natural feed sources with a high percentage of
methionine include blood meal, fish meal, crab meal, corn gluten meal,
alfalfa meal, and sunflower seed meal. Synthetic methionine is also
used in poultry feed. This substance is a colorless or white
crystalline powder that is soluble in water. It is regulated as an
animal feed nutritional supplement by the Food and Drug Administration
(21 CFR 582.5475).
The NOSB initiated a review of this substance in 1999, as a result
of a petition requesting to add synthetic methionine to the National
List for poultry. In 2001, the NOSB evaluated a technical advisory
panel analysis of methionine against the criteria provided in the OFPA
(7 U.S.C. 6517-6518), and determined that the use of synthetic
methionine feed supplementation is compatible with a system of organic
poultry production. Consistent with the NOSB's recommendation, the
Secretary amended Sec. 205.603 of the National List on October 31,
2003, to allow methionine as a synthetic substance for use in organic
poultry production until October 21, 2005 (68 FR 61987). Based upon
subsequent NOSB recommendations in March 2005 and May 2008, the
Secretary amended the listing for methionine to continue the use
through October 21, 2008 (70 FR 61217), and again through October 1,
2010 (73 FR 54057). The 2005 and 2008 NOSB recommendations to continue
the allowance for methionine were informed by updates on the
development of allowable natural alternatives, none of which had
attained commercial viability. While expressing a strong preference for
supplementation with allowable natural sources of methionine, the NOSB
concluded that terminating the allowance for synthetic methionine would
disrupt the well-established organic poultry market, and cause
substantial economic harm to organic poultry producers. The NOSB and
stakeholders agreed that the organic feed sector would continue to
research and develop sufficient supplies of allowable organic and
natural sources. A complete account of the past NOSB recommendations
and rulemaking pertaining to methionine is available in the interim
rule that was published in the Federal Register on August 24, 2010 (75
FR 51919).
On July 31, 2009, the Methionine Task Force (MTF), which is
comprised of organic poultry producers, submitted a new petition
requesting to extend the allowance for synthetic methionine for five
years until October 2014.\1\ In addition, the MTF proposed that the
total amount of synthetic methionine in the diet remain below the
following levels, calculated as the average pounds per ton of 100%
synthetic methionine over the life of the bird: laying chickens--4
pounds; broiler chickens--5 pounds; and, turkey and all other poultry--
6 pounds. In consideration of the July 2009 petition and public
comments, the NOSB issued two recommendations on April 29, 2010. These
recommendations acknowledged a need for the continued allowance of
synthetic methionine, and conveyed the intent to decrease the amount of
synthetic methionine allowed in organic poultry production and
encourage development of natural alternatives. One recommendation
proposed to allow synthetic methionine in organic poultry production
until October 1, 2012, at the following maximum levels per ton of feed:
laying chickens--4 pounds; broiler chickens--5 pounds; and turkey and
all other poultry--6 pounds. The NOP codified this recommendation
through a National List amendment published in the Federal Register on
August 24, 2010 (75 FR 51919), and reaffirmed on March 14, 2011 (76 FR
13501).
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\1\ The petition is available from the NOP Web site in the
Petitioned Substances Database http://www.ams.usda.gov/NOP.
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The second NOSB recommendation from April 2010, which is the
subject of this rulemaking, proposed reduced maximum levels of
synthetic methionine after October 1, 2015. The NOSB recommended that
the annotation for synthetic methionine be revised to read: For use
only in organic poultry after October 1, 2012, at the following maximum
levels per ton: laying and broiler chickens--2 pounds per ton; turkeys
and all other poultry--3 pounds per ton. The listing would be subject
to review within five years in accordance with the OFPA provision for
the sunset of National List substances (7 U.S.C 6517(e)). In effect,
amending the methionine listing in 2012 would trigger a sunset review
of synthetic methionine by the NOSB by 2017.
At its April 2010 business meeting, the NOSB considered public
comments from organic poultry producers, certifying agents, consumer
organizations, and trade associations regarding the step-down
recommendation. In public comment, the NOSB was challenged on the
scientific basis for the step-down levels. The MTF maintained that the
recommended step-down would be disproportionately greater for broiler
chickens (5 pounds to 2 pounds/ton of feed) as compared to layers (4
pounds to 2 pounds/per ton of feed), and was not substantiated. The MTF
further noted that pullets have the highest methionine demands due to
their growth rate and advised an allowance of 3 pounds methionine per
ton of feed for birds up to 27 weeks of age for basic health
requirements. According to the MTF, a bird is fully feathered and
reaches the adult weight at 27 weeks and has higher methionine demands
during this period. That proposal would permit broilers to receive an
average of 3 pounds/ton of feed throughout the entire lifespan, as they
are generally slaughtered before 27 weeks of age.
In the discussion at the April 2010 meeting, the NOSB maintained
that the proposed step-down levels were developed in consultation with
animal welfare experts and nutritionists and would be sufficient for
poultry maintenance requirements, but would not provide growth
enhancement. The NOSB explained that the step-down levels were also
based on information from feed mills, specifically, the amount of
methionine added to mixes for various poultry, i.e., starters, pullets,
layers, broilers, turkeys, etc. The NOSB noted that none of the feed
mixes in its research contained methionine at levels exceeding the
average levels recommended by the MTF, and that some feed mixes
contained significantly less methionine. The maximum methionine levels
in the MTF petition were provided as average quantities in feed over
the life of the bird. The NOSB objected to the MTF proposal on the
basis that it would allow feed with higher levels of methionine to be
fed to poultry for certain intervals. Furthermore, the NOSB stated that
it did not favor imposing a requirement on
[[Page 5719]]
certifying agents to calculate average methionine content of feed.
The NOSB conveyed the expectation that reduced maximum levels would
serve as an incentive to further progress in the development of
allowable natural alternatives to synthetic methionine. The
availability of natural sources of methionine significantly contributed
to the NOSB's rationale for extending the use of methionine beyond
2012. The NOSB acknowledged that options for natural sources of
methionine are constrained by the NOP prohibition on the feeding of
mammalian or poultry slaughter by-products to poultry. Consequently,
organic and allowable natural sources of methionine in organic
commercial poultry feed need to be derived from plants, insects, or
other allowable sources. During the April 2010 meeting, the NOSB heard
public comment about research in the development of natural sources of
methionine, including high methionine corn, microbial-produced
methionine, insect meal, and alfalfa nutrient concentrate. However, the
comments conveyed that none of these sources are commercially
available.
In its deliberations, the NOSB also explored an association between
management practices and dependence on synthetic methionine. Some
public comments asserted that the allowance for methionine fosters
management practices that curtail proper outdoor access for poultry,
where naturally occurring sources of methionine, such as insects, are
available. The NOSB acknowledged that certain production practices
contribute to the need for synthetic methionine, but stated that birds
would not obtain sufficient methionine from outdoor access or pasturing
to alleviate a need for methionine supplementation. The NOSB also
considered that the breed of bird can affect methionine needs. The NOSB
acknowledged that the breeds used in organic production are generally
the same as those in nonorganic production, and that greater breed
variety in organic poultry production could reduce the need for
synthetic methionine. Ultimately, the NOSB was not persuaded that
changes in management practices could eliminate the need for synthetic
methionine by 2012.
In summary, the NOSB conveyed that the step-down recommendation
balanced various interests: (i) Providing for the basic maintenance
requirements of organic poultry; (ii) satisfying consumer preference to
reduce the use of synthetic methionine; and (iii) motivating the
organic poultry industry to continue the pursuit of commercially
sufficient sources of allowable natural sources of methionine.
The Secretary has reviewed and proposes to accept the NOSB's
recommendation. Consistent with the NOSB's recommendation, this
proposed rule would amend Sec. 205.603(d)(1) of the National List by
revising the listing for synthetic methionine to extend its use beyond
October 1, 2012, at the following maximum levels per ton of feed:
laying and broiler chickens--2 pounds; turkeys and all other poultry--3
pounds.
The NOP recognizes that the MTF submitted a new petition for
revised maximum allowable levels of synthetic methionine on April 8,
2011. The NOP anticipates that the NOSB will consider this petition at
a future meeting. In the meantime, the NOP believes it is necessary to
move forward issuing this proposed rule to address the April 2010 NOSB
recommendation. This is necessary to prevent any gap in the allowance
of synthetic methionine in the diets of organic poultry due to the
current expiration date of October 1, 2012.
This proposed rule also seeks comment on a correction of the
Chemical Abstract Service (CAS) numbers for the forms of synthetic
methionine reviewed and allowed by the NOSB. CAS numbers are numeric
identifiers which are used to uniquely identify substances. The current
listing and CAS numbers for methionine are as follows: DL--Methionine,
DL--Methionine hydroxy analog, and DL--Methionine hydroxy analog
calcium (CAS 59-51-8; 63-68-3; 348-67-4). The letters D-- and
L-- refer to specific isomers of the substance, and DL-- refers to a
mixture of both D and L (racemic mixture). The CAS number for DL--
Methionine is 59-51-8, as is indicated as such in the current
regulations. The NOP understands that the other CAS numbers included in
the current listing do not refer to DL--Methionine hydroxy analog and
DL--methionine hydroxy analog calcium, respectively. Instead, these CAS
numbers refer to D--Methionine (CAS 63-68-3) and L--Methionine
(CAS 348-67-4). DL--Methionine hydroxy analog is a synthetic
methionine product containing a minimum of 88% (racemic) 2-hydroxy-4-
(methylthio)butanoic acid. DL--methionine hydroxy analog calcium is a
synthetic methionine product that contains a minimum of 97% (racemic)
2-hydroxy-4-methyl(thio)butanoic acid calcium salt. While DL--
Methionine hydroxy analog and DL--Methionine hydroxy analog calcium are
forms of synthetic methionine that were reviewed and approved by the
NOSB, the CAS numbers for those forms were not appropriately specified
in the regulation. This proposed rule would amend the specified CAS
numbers to include CAS 583-91-5 for DL--Methionine hydroxy
analog, and CAS s 4857-44-7 and 922-50-9 for DL--Methionine
hydroxy analog calcium.
The NOP is proposing to delete the CAS numbers for D--Methionine
(CAS 63-68-3) and L--Methionine (CAS 348-67-4), since
only the racemic mixture of DL--Methionine (CAS 59-51-8) is
used in commercial poultry feed. An overview of the changes is provided
in Table 1.
Table 1--Overview of Proposed Corrections to CAS Numbers for Allowed Forms of Methionine
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Are CAS and
CAS Substance name Is substance name included in Is CAS included in substance name included in
current regulations? current regulations? proposed rule?
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59-51-8............................... DL--Methionine...... yes.......................... yes.......................... yes.
348-67-4.............................. D--Methionine....... no........................... yes.......................... no.
63-68-3............................... L--Methionine....... no........................... yes.......................... no.
583-91-5.............................. DL--Methionine- yes.......................... no........................... yes.
hydroxy analog.
4857-44-7 and 922-50-9................ DL--Methionine- yes.......................... no........................... yes.
hydroxy analog
calcium.
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[[Page 5720]]
III. Related Documents
Since September 2001, four notices have been published announcing
meetings of the NOSB and its planned deliberations on recommendations
involving the use of methionine in organic poultry production. The four
notices were published in the Federal Register as follows: September
21, 2001 (66 FR 48654), February 11, 2005 (70 FR 7224), April 4, 2008
(73 FR 18491), and March 17, 2010 (75 FR 12723).
Methionine was first proposed for addition to the National List in
the Federal Register on April 16, 2003 (68 FR 18556). Methionine was
added to the National List by final rule in the Federal Register on
October 31, 2003 (68 FR 61987). A proposal to amend the annotation for
methionine was published in the Federal Register on July 29, 2005 (70
FR 43786), and the annotation was amended by final rule in the Federal
Register on October 21, 2005 (70 FR 61217). A proposal to amend the
annotation once again was published in the Federal Register on July 14,
2008 (73 FR 40197), and the annotation was amended by final rule on
September 18, 2008 (73 FR 54057). The current annotation for methionine
was codified through publication of an interim rule with request for
comments in the Federal Register on August 24, 2010 (75 FR 51919), and
reaffirmed by a final rule published on March 14, 2011 (76 FR 13501).
IV. Statutory and Regulatory Authority
The OFPA authorizes the Secretary to make amendments to the
National List based on proposed amendments developed by the NOSB.
Sections 6518(k)(2) and 6518(n) of the OFPA authorize the NOSB to
develop proposed amendments to the National List for submission to the
Secretary, and establish a petition process by which persons may
petition the NOSB for the purpose of having substances evaluated for
inclusion on or deletion from the National List. The National List
petition process is implemented under Sec. 205.607 of the NOP
regulations. The current petition process (January 18, 2007, 72 FR
2167) can be accessed through the NOP Web site at http://www.ams.usda.gov/NOPFilingaPetition.
A. Executive Order 12866
This action has been determined not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
B. Executive Order 12988
Executive Order 12988 instructs each executive agency to adhere to
certain requirements in the development of new and revised regulations
in order to avoid unduly burdening the court system. The final rule (68
FR 61987), dated October 31, 2003, adding methionine to the National
List, was reviewed under this Executive Order, and no additional
information related to Executive Order 12988 has been obtained since
then. This proposed rule is not intended to have a retroactive effect.
States and local jurisdictions are preempted under the OFPA from
creating programs of accreditation for private persons or State
officials who want to become certifying agents of organic farms or
handling operations. A governing State official would have to apply to
USDA to be accredited as a certifying agent, as described in Sec.
2115(b) of the OFPA (7 U.S.C. 6514(b)). States are also preempted under
Sec. Sec. 2104 through 2108 of the OFPA (7 U.S.C. 6503 through 6507)
from creating certification programs to certify organic farms or
handling operations unless the State programs have been submitted to,
and approved by, the Secretary as meeting the requirements of the OFPA.
Pursuant to Sec. 2108(b)(2) of the OFPA (7 U.S.C. 6507(b)(2)), a
State organic certification program may contain additional requirements
for the production and handling of organically produced agricultural
products that are produced in the State and for the certification of
organic farm and handling operations located within the State under
certain circumstances. Such additional requirements must: (a) Further
the purposes of the OFPA, (b) be consistent with the OFPA, (c) not be
discriminatory toward agricultural commodities organically produced in
other States, and (d) not be effective until approved by the Secretary.
Pursuant to Sec. 2120(f) of the OFPA (7 U.S.C. 6519(f)), this
proposed rule would not alter the authority of the Secretary under the
Federal Meat Inspection Act (21 U.S.C. 601-695), the Poultry Products
Inspection Act (21 U.S.C. 451-472), or the Egg Products Inspection Act
(21 U.S.C. 1031-1056), concerning meat, poultry, and egg products, nor
any of the authorities of the Secretary of Health and Human Services
under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301-397), nor
the authority of the Administrator of the Environmental Protection
Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 136-1364).
Section 2121 of the OFPA (7 U.S.C. 6520) provides for the Secretary
to establish an expedited administrative appeals procedure under which
persons may appeal an action of the Secretary, the applicable governing
State official, or a certifying agent under this title that adversely
affects such persons or is inconsistent with the organic certification
program established under this title. The OFPA also provides that the
U.S. District Court for the district in which a person is located has
jurisdiction to review the Secretary's decision.
C. Executive Order 13175
This proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. The review reveals that this regulation
will not have substantial and direct effects on Tribal governments and
will not have significant Tribal implications.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires
agencies to consider the economic impact of each rule on small entities
and evaluate alternatives that would accomplish the objectives of the
rule without unduly burdening small entities or erecting barriers that
would restrict their ability to compete in the market. The purpose is
to fit regulatory actions to the scale of businesses subject to the
action. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
Pursuant to the requirements set forth in the RFA, AMS performed an
economic impact analysis on small entities in the final rule published
in the Federal Register on December 21, 2000 (65 FR 80548). AMS has
also considered the economic impact of this action on small entities.
The impact on entities affected by this proposed rule would not be
significant. The current approval for the use of synthetic methionine
in organic poultry production will expire October 1, 2012. The effect
of this proposed rule is to allow the continued use of synthetic
methionine beyond October 1, 2012. AMS concludes that this action would
have minimal economic impact on small agricultural service firms.
Accordingly, USDA certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Small agricultural service firms, handlers, and accredited
certifying agents, have been defined by the Small Business
Administration (SBA) (13 CFR 121.201) as those having annual receipts
of less than $7,000,000, and small
[[Page 5721]]
agricultural producers are defined as those having annual receipts of
less than $750,000.
Based on USDA data from the Economic Research Service (ERS), the
U.S. organic sector included nearly 13,000 certified organic crop and
livestock operations at the end of 2008. These operations contained
more than 4.8 million certified acres consisting of 2,665,382 acres of
cropland and 2,160,577 acres of pasture and rangeland. The total
acreage under organic management represents a twelve percent increase
from 2007. Organic poultry production has steadily contributed to the
overall growth in the organic food market. ERS estimated that there
were 5,538,011 laying chickens and 9,015,984 broiler chickens raised
under organic management in 2008. ERS estimated the number of certified
organic turkeys raised in the United States in 2008 at 398,531.\2\
Based on the USDA data reported by the National Agricultural
Statistical Service (NASS), the US market value for organic eggs, and
laying and broiler chickens was calculated at $352,831,850 in 2008.\3\
In addition to being sold as whole products, organic eggs and poultry
by-products are used in the production of organic processed products
including soups, broths, prepared meals, ice cream, and egg nog. U.S.
sales of organic food and beverages have grown from $1 billion in 1990
to $26.7 billion in 2010. Sales in 2010 represented 7.7 percent growth
over 2009 sales.\4\
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\2\ U.S. Department of Agriculture, Economic Research Service.
2009. Data Sets: U.S. Certified Organic Farmland Acreage, Livestock
Numbers and Farm Operations, 1992-2008. http://www.ers.usda.gov/Data/Organic/.
\3\ U.S. Department of Agriculture, National Agricultural
Statistics Service. 2010. The 2007 Census of Agriculture, Organic
Production Survey (2008): Volume 3, Special Studies, Part 2, AC-07-
SS-2, Tables 10 & 11, pp 69-91. http://www.agcensus.usda.gov/Publications/2007/Online_Highlights/Organics/ORGANICS.pdf.
\4\ Organic Trade Association. 2011. Organic Industry Survey.
www.ota.com.
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The USDA accredits 93 certifying agents who provide certification
services to producers and handlers. A complete list of names and
addresses of accredited certifying agents may be found on the AMS NOP
Web site, at http://www.ams.usda.gov/nop. AMS believes that most of
these entities would be considered small entities under the criteria
established by the SBA.
E. Paperwork Reduction Act
No additional collection or recordkeeping requirements are imposed
on the public by this proposed rule. Accordingly, OMB clearance is not
required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501,
Chapter 35.
F. General Notice of Public Rulemaking
This proposed rule reflects a recommendation submitted to the
Secretary by the National Organic Standards Board (NOSB) in April 2010
to modify the annotation for extending the use of synthetic methionine
in organic poultry production beyond October 1, 2012. This proposed
rule would also correct the CAS numbers for synthetic methionine. A 60-
day period for interested persons to comment on this rule is provided
and deemed appropriate.
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agriculture, Animals,
Archives and records, Imports, Labeling, Organically produced products,
Plants, Reporting and recordkeeping requirements, Seals and insignia,
Soil conservation.
For the reasons set forth in the preamble, 7 CFR part 205, subpart
G is amended as follows:
PART 205--NATIONAL ORGANIC PROGRAM
1. The authority citation for 7 CFR part 205 continues to read as
follows:
Authority: 7 U.S.C. 6501-6522.
2. Section Sec. 205.603(d)(1) is amended by revising paragraph
(d)(1) to read as follows:
Sec. 205.603 Synthetic substances allowed for use in organic
livestock production.
* * * * *
(d) * * *
(1) DL--Methionine, DL--Methionine--hydroxy analog, and DL--
Methionine--hydroxy analog calcium (CAS 's 59-51-8, 583-91-5,
4857-44-7, and 922-50-9)--for use only in organic poultry production
after October 2, 1012, at the following maximum levels of synthetic
methionine per ton of feed: laying and broiler chickens--2 pounds;
turkeys and all other poultry--3 pounds.
* * * * *
Dated: January 31, 2012.
Robert C. Keeney,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-2628 Filed 2-3-12; 8:45 am]
BILLING CODE 3410-02-P