[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22893-22895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07886]
========================================================================
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.
========================================================================
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules
and Regulations
[[Page 22893]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. No. AMS-NOP-22-0002]
National Organic Program: 2023 and 2024 Sunset Review and
Substance Renewals
AGENCY: Agricultural Marketing Service, USDA.
ACTION: 2023 and 2024 sunset review and renewals.
-----------------------------------------------------------------------
SUMMARY: This document announces the renewal of substances listed on
the National List of Allowed and Prohibited Substances (National List)
within the U.S. Department of Agriculture's (USDA) organic regulations.
This document reflects the outcome of the 2023 and 2024 sunset review
processes and addresses recommendations submitted to the Secretary of
Agriculture (Secretary), through the USDA's Agricultural Marketing
Service (AMS), by the National Organic Standards Board (NOSB).
DATES: Applicable May 29, 2023.
FOR FURTHER INFORMATION CONTACT: Jared Clark, Standards Division,
Telephone: (202) 720-3252; Fax: (202) 260-9151.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2000, the Secretary established the Agricultural
Marketing Service's (AMS) National Organic Program (NOP) and the USDA
organic regulations (65 FR 80547, December 21, 2000). Within the USDA
organic regulations (7 CFR part 205) is the National List of Allowed
and Prohibited Substances (or ``National List''). The National List
identifies the synthetic substances that may be used and the
nonsynthetic (natural) substances that may not be used in organic crop
and livestock production. It also identifies the nonorganic substances
that may be used in or on processed organic products.
The Organic Foods Production Act of 1990 (OFPA), as amended (7
U.S.C. 6501-6524), and the USDA organic regulations specifically
prohibit the use of any synthetic substance in organic production and
handling unless the synthetic substance is on the National List
(Sec. Sec. 205.601, 205.603 and 205.605(b)). Section 205.105 also
requires that any nonorganic agricultural substance and any
nonsynthetic nonagricultural substance used in organic handling be on
the National List (Sec. Sec. 205.605(a) and 205.606).
The OFPA at 7 U.S.C. 6518 authorizes the NOSB, operating in
accordance with the Federal Advisory Committee Act (section 1 et seq.,
5 U.S.C. App.2), to evaluate substances for organic production and
handling and to advise the Secretary on the USDA organic regulations.
The OFPA ``sunset provision'' (7 U.S.C. 6517(e)) requires review of all
substances included on the National List within five years of their
addition to or renewal on the list.
As required in OFPA, the NOSB considered any new information about
a substance's impact on human health and the environment, its
necessity, and its consistency with organic production and handling.
The NOSB then voted on whether to remove the substance from the
National List, with a \2/3\ majority needed to recommend removal of a
substance.
As delegated by the Secretary, AMS evaluates the NOSB's reviews and
recommendations for compliance with the National List substance
evaluation criteria in the OFPA at 7 U.S.C. 6518(m) and other federal
statutes or regulations. AMS also considers public comments submitted
in association with the sunset review process, as described in the
notice published on September 16, 2013 (78 FR 56811).
AMS published notices in the Federal Register announcing the NOSB
meetings (Spring 2021 & 2022 and Fall 2021 & 2022) and invited public
comments on the 2023 and 2024 sunset review of the substances included
in the tables below. AMS also hosted public webinars prior to these
NOSB meetings to provide additional opportunities for public comment.
At these public meetings, the NOSB reviewed substances scheduled to
sunset from the National List and recommended that they either be
removed or remain on the National List.
AMS has reviewed and accepted all NOSB sunset review
recommendations for substances with sunset dates in 2023 and 2024. AMS
is renewing the listings of these substances until 2028 and 2029,
respectively.\1\ AMS determined that the substance allowances listed in
this notice are still necessary because of the unavailability of
organic forms or wholly natural substitutes for the specified uses
(section 6517(c)(1)(A)(ii)). The renewal of these substances will avoid
potential disruptions to the organic industry that may otherwise result
from removal from the National List. AMS also has determined that the
prohibited nonsynthetic substances listed in this notice should remain
prohibited because their use remains inconsistent with organic
production (section 6517(c)(2)(A)(ii)).
---------------------------------------------------------------------------
\1\ National Organic Program, National List Sunset Dates, March
23, 2022, https://www.ams.usda.gov/sites/default/files/media/NOP-SunsetDates.pdf.
---------------------------------------------------------------------------
In 2016, the NOSB passed a proposal to redistribute material
reviews across several years. Because most materials were added to the
National List when the organic regulations published, the majority of
sunset reviews occurred in the same year. This resulted in an
inefficient use of resources and time. To adjust this, the NOSB and NOP
redistributed the National List substances more evenly over a five-year
span. To maintain this distribution, some substances in this notice
will have a sunset date less than five years from their current date.
This document covers the last year of this redistribution.\2\
---------------------------------------------------------------------------
\2\ National Organic Standards Board, formal recommendation,
sunset review efficient work load reorganization, November 18, 2016,
https://www.ams.usda.gov/sites/default/files/media/PDSSunsetreorg.pdf.
---------------------------------------------------------------------------
In addition to the substances in the tables below, this document
renews beta-carotene extract color, included on the National List at
Sec. 205.606(d)(2). This substance currently has a sunset date of May
29, 2023, but was reviewed early by the NOSB in 2020 along with the
other allowed agricultural, non-organic colors. AMS discussed these
meetings and renewals in the 2021 and 2022 sunset renewals (August 3,
2021; 86 FR 41699). This document renews beta-carotene extract color
and establishes a
[[Page 22894]]
new sunset date for this substance of March 15, 2027, to match the
sunset dates of the other colors.
The following tables list specific substance allowances and
prohibitions renewed by this notice.
Table 1--National List Substances Renewed Until May 29, 2028
------------------------------------------------------------------------
Substance Use conditions
------------------------------------------------------------------------
Sec. 205.601 Synthetic substances
allowed for use in organic crop
production.
Calcium hypochlorite.................. As described under Sec.
205.601(a)(2)(i).
Chlorine dioxide...................... As described under Sec.
205.601(a)(2)(ii).
Hypochlorous acid--generated from As described under Sec.
electrolyzed water. 205.601(a)(2)(iii).
Sodium hypochlorite................... As described under Sec.
205.601(a)(2)(v).
Copper sulfate........................ As described under Sec.
205.601(a)(3).
Ozone gas............................. As described under Sec.
205.601(a)(5).
Peracetic acid........................ As described under Sec.
205.601(a)(6).
Copper sulfate........................ As described under Sec.
205.601(e)(4).
Magnesium oxide....................... As described under Sec.
205.601(j)(5).
Peracetic acid........................ As described under Sec.
205.601(i)(8).
EPA List 3--Inerts of unknown toxicity As described under Sec.
205.601(m)(2).
Sec. 205.602 Nonsynthetic substances
prohibited for use in organic crop
production.
Calcium chloride...................... As described under Sec.
205.602(c).
Rotenone.............................. As described under Sec.
205.602(f).
Sec. 205.603 Synthetic substances
allowed for use in organic livestock
production.
Activated Charcoal.................... As described under Sec.
205.603(a)(6).
Calcium borogluconate................. As described under Sec.
205.603(a)(7).
Calcium propionate.................... As described under Sec.
205.603(a)(8).
Calcium hypochlorite.................. As described under Sec.
205.603(a)(10)(i).
Chlorine dioxide...................... As described under Sec.
205.603(a)(10)(ii).
Hypochlorous acid--generated from As described under Sec.
electrolyzed water. 205.603(a)(10)(iii).
Sodium hypochlorite................... As described under Sec.
205.603(a)(10)(iv).
Kaolin pectin......................... As described under Sec.
205.603(a)(17).
Mineral oil........................... As described under Sec.
205.603(a)(20).
Nutritive supplements................. As described under Sec.
205.603(a)(21).
Propylene glycol...................... As described under Sec.
205.603(a)(27).
Sodium chlorite, acidified............ As described under Sec.
205.603(a)(28).
Sodium chlorite, acidified............ As described under Sec.
205.603(b)(9).
Zinc sulfate.......................... As described under Sec.
205.603(b)(11).
Sec. 205.605 Nonagricultural
(nonorganic) substances allowed as
ingredients in or on processed products
labeled as ``organic'' or ``made with
organic (specified ingredients or food
group(s)).''
Agar-agar............................. As described under Sec.
205.605(a)(2).
Animal enzymes........................ As described under Sec.
205.605(a)(3).
Calcium sulfate--mined................ As described under Sec.
205.605(a)(8).
Carrageenan........................... As described under Sec.
205.605(a)(9).
Glucono delta-lactone................. As described under Sec.
205.605(a)(14).
Tartaric acid......................... As described under Sec.
205.605(a)(28).
Cellulose............................. As described under Sec.
205.605(b)(11).
Calcium hypochlorite.................. As described under Sec.
205.605(b)(12)(i).
Chlorine dioxide...................... As described under Sec.
205.605(b)(12)(ii).
Hypochlorous acid--generated from As described under Sec.
electrolyzed water. 205.605(b)(12)(iii).
Sodium hypochlorite................... As described under Sec.
205.605(b)(12)(iv).
Potassium hydroxide................... As described under Sec.
205.605(b)(26).
Potassium lactate..................... As described under Sec.
205.605(b)(27).
Silicon dioxide....................... As described under Sec.
205.605(b)(29).
Sodium lactate........................ As described under Sec.
205.605(b)(33).
------------------------------------------------------------------------
Table 2--National List Substances Renewed Until January 28, 2029
------------------------------------------------------------------------
Substance Use conditions
------------------------------------------------------------------------
Sec. 205.601 Synthetic substances
allowed for use in organic crop
production.
Soluble boron products................ As described under Sec.
205.601(j)(7)(i).
Sulfates, carbonates, oxides, or As described under Sec.
silicates of zinc, copper, iron 205.601(j)(7)(ii).
manganese, molybdenum, selenium, and
cobalt.
Squid byproducts--from waste As described under Sec.
processing only. 205.601(j)(10).
Sec. 205.603 Synthetic substances
allowed for use in organic livestock
production.
Chlorhexidine......................... As described under Sec.
205.603(a)(9).
Elemental sulfur...................... As described under Sec.
205.603(b)(2).
Lidocaine............................. As described under Sec.
205.603(b)(5).
Sec. 205.606 Nonorganically produced
agricultural products allowed as
ingredients in or on processed products
labeled as ``organic.''
Potassium acid tartrate............... As described under Sec.
205.606(p).
------------------------------------------------------------------------
[[Page 22895]]
Table 3--National List Substances Renewed Until October 30, 2029
------------------------------------------------------------------------
Substance Use conditions
------------------------------------------------------------------------
Sec. 205.601 Synthetic substances
allowed for use in organic crop
production.
Herbicides, soap-based................ As described under Sec.
205.601(b)(1).
Biodegradable biobased mulch film..... As described under Sec.
205.601(b)(2)(iii).
Boric acid............................ As described under Sec.
205.601(e)(3).
Sticky traps/barriers................. As described under Sec.
205.601(e)(9).
Elemental sulfur...................... As described under Sec.
205.601(h)(2).
Coppers, fixed--copper hydroxide, As described under Sec.
copper oxide, copper oxychloride. 205.601(i)(2).
Copper sulfate........................ As described under Sec.
205.601(i)(3).
Polyoxin D zinc salt.................. As described under Sec.
205.601(i)(11).
Humic acids........................... As described under Sec.
205.601(j)(3).
Vitamins C and E...................... As described under Sec.
205.601(j)(9).
Sec. 205.602 Nonsynthetic substances
prohibited for use in organic crop
production.
Lead salts............................ As described under Sec.
205.602(d).
Tobacco dust (nicotine sulfate)....... As described under Sec.
205.602(j).
Sec. 205.603 Synthetic substances
allowed for use in organic livestock
production.
Glucose............................... As described under Sec.
205.603(a)(13).
Tolazoline............................ As described under Sec.
205.603(a)(29).
Copper sulfate........................ As described under Sec.
205.603(b)(1).
Sec. 205.605 Nonagricultural
(nonorganic) substances allowed as
ingredients in or on processed products
labeled as ``organic'' or ``made with
organic (specified ingredients or food
group(s)).''
Attapulgite........................... As described under Sec.
205.605(a)(4).
Bentonite............................. As described under Sec.
205.605(a)(5).
Diatomaceous earth.................... As described under Sec.
205.605(a)(10).
Magnesium chloride.................... As described under Sec.
205.605(a)(17).
Nitrogen--oil free grades............. As described under Sec.
205.605(a)(20).
Sodium carbonate...................... As described under Sec.
205.605(a)(27).
Acidified sodium chlorite............. As described under Sec.
205.605(b)(1).
Carbon dioxide........................ As described under Sec.
205.605(b)(10).
Sodium phosphates..................... As described under Sec.
205.605(b)(34).
Sec. 205.606 Nonorganically produced
agricultural products allowed as
ingredients in or on processed products
labeled as ``organic.''
Casings, from processed intestines.... As described under Sec.
205.606(b).
Pectin (non-amidated forms only)...... As described under Sec.
205.606(o).
------------------------------------------------------------------------
Authority: 7 U.S.C. 6501-6524.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-07886 Filed 4-13-23; 8:45 am]
BILLING CODE P