National Organic Program (NOP), Sunset Review (2008)

Tag : Organic Acid
National Organic Program (NOP), Sunset Review (2008)

Released : Thursday, October 09, 2008 12:12 PM
SUMMARY: This final rule amends the U.S. Department ofAgriculture's (USDA) National List of Allowed and ProhibitedSubstances (National List) regulations to enact recommendationssubmitted to the Secretary of Agriculture (Secretary) by theNational Organic Standards Board (NOSB). The amendments addressedin this final rule pertain to the continued exemption (use) andprohibition of 12 substances in organic production and handling.Consistent with the recommendations from the NOSB, this final rulerenews 11 exemptions and 1 prohibition on the National List (alongwith any restrictive annotations) and corrects the Tartaric acidlistings by adding annotations originally recommended to theSecretary.
EFFECTIVE DATE: Effective Date: This final rule becomes effectiveNovember 3, 2008.
FOR FURTHER INFORMATION CONTACT: Richard H. Mathews, Chief,Standards Development and Review Branch, Telephone: (202) 720-3252;Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
The Organic Foods Production Act (OFPA), 7 U.S.C. 6501 et seq.,authorizes the establishment of the National List of allowed andprohibited substances. The National List identifies syntheticsubstances (synthetics) that are exempted (allowed) andnonsynthetic substances (nonsynthetics) that are prohibited inorganic crop and livestock production. The National List alsoidentifies nonsynthetics and synthetics that are exempted for usein organic handling.
The exemptions and prohibitions granted under the OFPA are requiredto be reviewed every 5 years by the NOSB. The Secretary ofAgriculture has authority under the OFPA to renew such exemptionsand prohibitions. If they are not reviewed by the NOSB within 5years of their inclusion on the National List and renewed by theSecretary, their authorized use or prohibition expires. This meansthat synthetic substances Copper sulfate, Ozone gas, Peraceticacid, and EPA List 3 Inerts, currently allowed for use in organiccrop production, will no longer be allowed for use after November3, 2008. Calcium chloride currently prohibited from use in organiccrop production, except as a foliar spray to treat a physiologicaldisorder associated with calcium uptake, will be allowed afterNovember 3, 2008. This also means that Agar-agar, Carrageenan, andTartaric acid, currently allowed for use in organic handling, willbe prohibited after November 3, 2008. Finally, Animal enzymes,Calcium sulfate, Glucono delta-lactone, and Cellulose, currentlyallowed for use in organic handling, will no longer be allowed foruse after November 4, 2008.
This final rule reflects recommendations submitted to the Secretaryby the NOSB concerning the continued use and prohibition of 12substances on the National List in organic production and handling.Consistent with the recommendations from the NOSB, this final rulerenews 11 exemptions and 1 prohibition on the National List (alongwith any restrictive annotations) and corrects the Tartaric acidlistings by adding annotations originally recommended to theSecretary on November 1, 1995.
Under the authority of the OFPA, as amended, (7 U.S.C. 6501 etseq.), the National List can be amended by the Secretary based onproposed amendments developed by the NOSB. Since established, theNational List has been amended ten times, October 31, 2003 (68 FR61987), November 3, 2003 (68 FR 62215), October 21, 2005 (70 CFR61217), June 7, 2006 (71 FR 32803), September 11, 2006 (71 FR53299), June 27, 2007 (72 FR 35137), October 16, 2007 (72 FR58469), December 10, 2007 (72 FR 69569), December 12, 2007 (72 FR70479), and September 18, 2008 (73 FR 54057).
II. Overview of Amendments
The following provides an overview of the amendments made todesignated sections of the National List regulations:
Renewals
This final rule renews the 11 exemptions and 1 prohibition in 7 CFR205.601, 205.602, and 205.605 of the following substances inorganic agricultural production and handling and amends the USDA'snational regulations (7 CFR part 205) to add annotations to theTartaric acid listings of SEC 205.605:
Section 205.601 Synthetic Substances Allowed for Use in OrganicCrop Production
(a) As algicide, disinfectants, and sanitizer, including irrigationsystem cleaning systems.
(3) Copper sulfate--for use as an algicide in aquatic rice systems,is limited to one application per field during any 24-month period.Application rates are limited to those which do not increasebaseline soil test values for copper over a timeframe agreed uponby the producer and accredited certifying agent.
(5) Ozone gas--for use as an irrigation system cleaner only.
(6) Peracetic acid--for use in disinfecting equipment, seed, andasexually propagated planting material.
(e) As insecticides (including acaricides or mite control).
(3) Copper Sulfate--for use as tadpole shrimp control in aquaticrice production, is limited to one application per field during any24-month period. Application rates are limited to levels which donot increase baseline soil test values for copper over a timeframeagreed upon by the producer and accredited certifying agent.
(i) As plant disease control.
(7) Peracetic acid--for use to control fire blight bacteria.
(m) As synthetic inert ingredients as classified by theEnvironmental Protection Agency (EPA), for use with nonsyntheticsubstances or synthetic substances listed in this section and usedas an active pesticide ingredient in accordance with anylimitations on the use of such substances.
(2) EPA List 3--Inerts of unknown toxicity allowed:
(ii) Inerts used in passive pheromone dispensers.
Section 205.602 Nonsynthetic Substances Prohibited for Use inOrganic Crop Production
(c) Calcium chloride, brine process is natural and prohibited foruse except as a foliar spray to treat a physiological disorderassociated with calcium uptake.
Section 205.605 Nonagricultural (Nonorganic) Substances Allowed asIngredients in or on Processed Products Labeled as "Organic" or"Made with Organic (Specified Ingredients or Food Group(s)"
(a) Nonsynthetics allowed:
Agar-agar.
Animal enzymes--(Rennet--animals derived; Catalase--bovine liver;Animal lipase; Pancreatin; Pepsin; and Trypsin).
Calcium sulfate--mined.
Carrageenan.
Glucono delta-lactone--production by the oxidation of D-glucosewith bromine water is prohibited.
Tartaric acid--made from grape wine.
(b) Synthetics allowed:
Cellulose--for use in regenerative casings, as an anti-caking agent(non-chlorine bleached) and filtering aid.
Tartaric acid--made from malic acid.
Nonrenewals
The NOSB determined that the 11 exemptions and 1 prohibitiondemonstrated a continued need for authorization. Comments receivedon the proposed rule (73 FR 40194) supported renewal of the 11exemptions and 1 prohibition. Accordingly there are no nonrenewals.
Technical Correction
This final rule amends SEC 205.605(a) by changing "Carageenan" to"Carrageenan" to correct the spelling of this allowed substance.
III. Related Documents
One advanced notice of proposed rulemaking with request forcomments was published in Federal Register Notice 72 FR 73667,December 28, 2007, to make the public aware that the allowances andprohibition among 12 synthetic and nonsynthetic substances inorganic production and handling will expire, if not reviewed by theNOSB and renewed by the Secretary. The proposed rule for this finalrule was published on July 14, 2008 (73 FR 40194).
IV. Statutory and Regulatory Authority
The OFPA, as amended (7 U.S.C. 6501 et. seq.), authorizes theSecretary to make amendments to the National List based on proposedamendments developed by the NOSB. Sections 6518(k)(2) and 6518(n)of OFPA authorize the NOSB to develop proposed amendments to theNational List for submission to the Secretary and establish apetition process by which persons may petition the NOSB for thepurpose of having substances evaluated for inclusion on or deletionfrom the National List. The National List petition process isimplemented under SEC 205.607 of the NOP regulations. The currentpetition process (72 FR 2167, January 18, 2007) can be accessedthrough the NOP Web site athttp://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5048809&acct=nopgeninfo.
A. Executive Order 12866
This action has been determined not significant for purposes ofExecutive Order 12866, and therefore, has not been reviewed by theOffice of Management and Budget.
B. Executive Order 12988
Executive Order 12988 instructs each executive agency to adhere tocertain requirements in the development of new and revisedregulations in order to avoid unduly burdening the court system.This final rule is not intended to have a retroactive effect.
States and local jurisdictions are preempted under the OFPA fromcreating programs of accreditation for private persons or Stateofficials who want to become certifying agents of organic farms orhandling operations. A governing State official would have to applyto USDA to be accredited as a certifying agent, as described in SEC2115(b) of the OFPA (7 U.S.C. 6514(b). States are also preemptedunder SUBSEC 2104 through 2108 of the OFPA (7 U.S.C. 6503 through6507) from creating certification programs to certify organic farmsor handling operations unless the State programs have beensubmitted to, and approved by, the Secretary as meeting therequirements of the OFPA.
Pursuant to section 2108(b)(2) of the OFPA (7 U.S.C. 6507(b)(2), aState organic certification program may contain additionalrequirements for the production and handling of organicallyproduced agricultural products that are produced in the State andfor the certification of organic farm and handling operationslocated within the State under certain circumstances. Suchadditional requirements must: (a) Further the purposes of the OFPA,(b) not be inconsistent with the OFPA, (c) not be discriminatorytoward agricultural commodities organically produced in otherStates, and (d) not be effective until approved by the Secretary.
--This is a summary of a Federal Register article originallypublished on the page number listed below--
Final rule.
CFR Part: "7 CFR Part 205"
RIN Number: "RIN 0581-AC76"
Citation: "73 FR 59479"
Document Number: "Docket Number AMS-TM-07-0124; TM-07-12FR"
Federal Register Page Number: "59479"
"Rules and Regulations"
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