[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33815-33816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11149]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. No. AMS-NOP-19-0106; NOP-19-03]
RIN 0581-AD98


National Organic Program; National List of Allowed and Prohibited 
Substances (2022 Sunset); Correction

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Correcting amendment.

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SUMMARY: On February 28, 2022, the Agricultural Marketing Service (AMS) 
published a rule removing sixteen substances from the National List of 
Allowed and Prohibited Substances (National List). That document 
accidentally omitted nonorganic whey protein concentrate from the 
amendatory instructions. This document corrects the amendatory 
language, removing nonorganic whey protein concentrate from the 
National List, as intended in the previous document.

DATES: 
    Effective: May 25, 2023.
    Compliance: Use of nonorganic whey protein concentrate in organic 
products is prohibited after March 15, 2024.

FOR FURTHER INFORMATION CONTACT: Jared Clark, Standards Division, 
National Organic Program. Telephone: (202) 720-3252. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: A final rule published in the Federal 
Register on February 28, 2022 (87 FR 10930) removed substances from the 
National List following the procedures detailed in the Organic Foods 
Production Act of 1990 (OFPA) (7 U.S.C. 6501-6524). Removing these 
substances implements recommendations from the National Organic 
Standards Board and effectively prohibits their use in organic 
production.
    One change discussed in the final rule was removing nonorganic whey 
protein concentrate from the National List. While the rule discussed 
this change and the justification, the rule's instructions for changing 
the regulation did not include the removal. This document corrects this 
by removing the entry for whey protein concentrate at 7 CFR 205.606(x). 
As discussed in the final rule, use of nonorganic whey protein 
concentrate in organic products is prohibited after March 15, 2024.

[[Page 33816]]

List of Subjects in 7 CFR Part 205

    Administrative practice and procedure, Agricultural commodities, 
Agriculture, Animals, Archives and records, Fees, Imports, Labeling, 
Organically produced products, Plants, Reporting and recordkeeping 
requirements, Seals and insignia, Soil conservation.

    For the reasons set forth in the preamble, the Agricultural 
Marketing Service amends 7 CFR part 205 as follows:

PART 205--NATIONAL ORGANIC PROGRAM

0
1. The authority citation for 7 CFR part 205 continues to read as 
follows:

    Authority: 7 U.S.C. 6501-6524.


Sec.  205.606  [Amended]

0
2. Amend Sec.  205.606 by removing paragraph (x).

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-11149 Filed 5-24-23; 8:45 am]
BILLING CODE P