[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Page 38463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15904]

Rules and Regulations
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Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules 
and Regulations

[[Page 38463]]


Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-12-0034; NOP-12-11]

Implementation of National Organic Program (NOP); Sunset Review 
(2012) Amendments to Pectin on the National List of Allowed and 
Prohibited Substances

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; notice of implementation period.


SUMMARY: On June 6, 2012, AMS published a final rule to address 
substances due to sunset from the U.S. Department of Agriculture's 
National List of Allowed and Prohibited Substances (National List) in 
2012. This final rule amended two listings for pectin on the National 
List effective June 27, 2012.

DATES: Based upon new information from the organic industry, AMS is 
informing operations certified to the USDA organic regulations that AMS 
will allow operations to reformulate their products until October 21, 

SUPPLEMENTARY INFORMATION: The Organic Foods Production Act of 1990 
(OFPA) (7 U.S.C. 6501-6522) authorizes the establishment of the 
National List of Allowed and Prohibited Substances (National List). The 
National List identifies synthetic substances that may be used in 
organic production and nonsynthetic (natural) substances that are 
prohibited in organic crop and livestock production. The National List 
also identifies nonagricultural nonsynthetic, nonagricultural synthetic 
and nonorganic agricultural substances that may be used in organic 
    On June 6, 2012, AMS published a final rule (77 FR 33290) 
addressing multiple exemptions due to sunset from the National List in 
2012. Based on the comments received, AMS finalized the amendments to 
pectin as proposed. In an effort to streamline the sunset dates for 
over 200 listings for substances on the National List and in 
consideration of the comments on the proposed rule that supported the 
proposed changes to pectin, AMS determined that the changes to pectin 
should be included among the amendments and renewals effective on the 
earliest sunset date, June 27, 2012, for all substances due to expire 
in 2012.
    After publication of the final rule on June 6, 2012, AMS received 
new information from industry that some organic processors are 
currently using amidated, non-organic pectin in their products. The 
industry indicated that these processors would need time to reformulate 
these products using either non-amidated, non-organic pectin (if 
organic pectin is not commercially available), or organic pectin in 
accordance with the changes codified through the final rule. In 
response to this information, AMS now understands that some product 
reformulation is necessary.
    The amendments to pectin are effective on June 27, 2012. However, 
AMS considers a period until October 21, 2012, the original sunset date 
in 2012 for the pectin listings, to be reasonable and appropriate for 
the industry to reformulate products in order to ensure that the 
amendments are effectively and rationally implemented. AMS will conduct 
outreach to the industry and training for certifying agents as 

    Authority:  7 U.S.C. 6501-6522.

    Dated: June 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2012-15904 Filed 6-26-12; 11:15 am]