[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35177-35178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14865]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules
and Regulations
[[Page 35177]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-15-0009; NOP-15-01]
National Organic Program: USDA Organic Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of 2015 Sunset Review.
-----------------------------------------------------------------------
SUMMARY: This document addresses the 2015 Sunset Review submitted to
the Secretary of Agriculture (Secretary) through the Agricultural
Marketing Service's (AMS) National Organic Program (NOP) by the
National Organic Standards Board (NOSB) following the NOSB's May and
October 2014 meetings. The 2015 Sunset Review pertains to the NOSB's
review of the need for the continued allowance for seven substances on
the U.S. Department of Agriculture's (USDA) National List of Allowed
and Prohibited Substances (National List). Consistent with the NOSB's
review, this publication provides notice on the renewal of three
synthetic and two nonsynthetic substances on the National List, along
with any restrictive annotations. For substances that have been renewed
on the National List, this document completes the 2015 National List
Sunset Process.
DATES: This document is effective June 22, 2015.
FOR FURTHER INFORMATION CONTACT: Requests for a copy of this document
should be sent to Jennifer Tucker, Ph.D., Associate Deputy
Administrator, National Organic Program, USDA-AMS-NOP, 1400
Independence Ave. SW., Room 2646-S., Ag Stop 0268, Washington, DC
20250-0268. Telephone: (202) 720-3252, email:
[email protected] or by accessing the Web site at http://www.ams.usda.gov/nop.
SUPPLEMENTARY INFORMATION: The National Organic Program (NOP) is
authorized by the Organic Foods Protection Act (OFPA) of 1990, as
amended (7 U.S.C. 6501--6522). The USDA Agricultural Marketing Service
(AMS) administers the NOP. Final regulations implementing the NOP, also
referred to as the USDA organic regulations, were published December
21, 2000 (65 FR 80548), and became effective on October 21, 2002.
Through these regulations, the AMS oversees national standards for the
production, handling, and labeling of organically produced agricultural
products. Since becoming fully effective, the USDA organic regulations
have been frequently amended, mostly for changes to the National List
in 7 CFR 205.601-205.606.
This National List identifies the synthetic substances that may be
used and the nonsynthetic (natural) substances that may not be used in
organic production. The National List also identifies synthetic,
nonsynthetic nonagricultural, and nonorganic agricultural substances
that may be used in organic handling. The OFPA and the USDA organic
regulations, as indicated in Sec. 205.105, specifically prohibit the
use of any synthetic substance in organic production and handling
unless the synthetic substance is on the National List. Section 205.105
also requires that any nonorganic agricultural substance, and any
nonsynthetic nonagricultural substance used in organic handling appear
on the National List.
As stipulated by OFPA, recommendations to propose or amend the
National List are developed by the 15 member NOSB, organized under the
Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.) to assist in
the evaluation of substances to be used or not used in organic
production and handling, and to advise the Secretary on the USDA
organic regulations. OFPA also requires a review of all substances
included on the National List within 5 years of their addition to or
renewal on the list. If a listed substance is not reviewed by NOSB and
renewed by USDA within the five year period, its allowance or
prohibition on the National List is no longer in effect. The NOSB
sunset review includes considering any new information pertaining to a
substance's impact on human health and the environment, its necessity,
and its compatibility with organic production and handling.
To implement the sunset review requirement, AMS initially published
an advanced notice of proposed rulemaking on the National List sunset
review process on June 17, 2005 (70 FR 35177). This document described
the process used by the NOSB to complete their responsibility to review
National List substances within the OFPA required five year period.
Since announcing the first sunset review process, the NOSB and the USDA
completed five separate sunset reviews in 2007 (72 FR 58469), 2008 (73
FR 59479), 2011 (76 FR 46595), 2012 (77 FR 33290) and in 2013 (78 FR
61154).
AMS published a revised sunset review process in the Federal
Register on September 16, 2013 (78 FR 56811). This provides public
notice on the renewal of National List substances. This renewal occurs
after the NOSB review.
At its May and October 2014 meetings, the NOSB considered seven
substances that were added to the National List in 2010. AMS has
reviewed and accepted the NOSB sunset review and recommendations.
Substances in Table 1 having final actions of ``renew'' will continue
to be listed on the National List and will be included in the 2020
sunset review.
[[Page 35178]]
Table 1--Overview of Final Action for Sunset 2015
------------------------------------------------------------------------
National list section Substance listing Final action
------------------------------------------------------------------------
Synthetic substances allowed for use in organic crop production
------------------------------------------------------------------------
Sec. 205.601(a)(8)........ Sodium carbonate Renew.
peroxyhydrate (CAS #-
15630-89-4)--Federal law
restricts the use of
this substance in food
crop production to
approved food uses
identified on the
product label.
Sec. 205.601(e)(2)........ Aqueous potassium Renew.
silicate (CAS #-1312-76-
1)--the silica, used in
the manufacture of
potassium silicate, must
be sourced from
naturally occurring sand.
Sec. 205.601(i)(1)........ Aqueous potassium Renew.
silicate (CAS #-1312-76-
1)--the silica, used in
the manufacture of
potassium silicate, must
be sourced from
naturally occurring sand.
Sec. 205.601(j)(9)........ Sulfurous acid (CAS # Renew.
7782-99-2) for on-farm
generation of substance
utilizing 99% purity
elemental sulfur per
paragraph (j)(2) of this
section.
------------------------------------------------------------------------
Nonagricultural (nonorganic) substances allowed as ingredients in or on
processed products labeled as ``organic'' or ``made with organic
(specified ingredients or food group(s)).''
------------------------------------------------------------------------
Sec. 205.605(a)........... Gellan gum--(CAS # 71010- Renew.
52-1)--high-acyl form
only.
------------------------------------------------------------------------
Nonorganically produced agricultural products allowed as ingredients in
or on processed products labeled as ``organic.''
------------------------------------------------------------------------
Sec. 205.606(w)........... Tragacanth gum (CAS #- Renew.
9000-65-1).
------------------------------------------------------------------------
Authority: 7 U.S.C. 6501-6522.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-14865 Filed 6-18-15; 8:45 am]
BILLING CODE P