Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054

Rules and Regulations

Federal Register
Vol. 76, No. 149
Wednesday, August 3, 2011

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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-TM-07-0136; TM-
07-14FR]
RIN 0581-AC77
National Organic Program (NOP);
Sunset Review (2011)
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
SUMMARY: This final rule addresses
recommendations submitted to the
Secretary of Agriculture (Secretary) by
the National Organic Standards Board
(NOSB) on November 5, 2009, and April
29, 2010. The recommendations
addressed in this final rule pertain to
the continued exemption (use) of 12
substances in organic production and
handling. Consistent with the
recommendations from the NOSB, this
final rule continues the exemption (use)
of 12 substances (along with any
restrictive annotations) on the U.S.
Department of Agriculture's (USDA)
National List of Allowed and Prohibited
Substances (National List).
DATES: Effective Date: This final rule
becomes effective September 12, 2011.
FOR FURTHER INFORMATION CONTACT:
Melissa Bailey, PhD, Director, Standards
Division, Telephone: (202) 720-3252;
Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
The Organic Foods Production Act of
1990 (OFPA), 7 U.S.C. 6501 et seq.,
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 handling.
The exemptions and prohibitions
granted under the OFPA are required to
be reviewed every 5 years by the
National Organic Standards Board
(NOSB). The Secretary of Agriculture
has authority under the OFPA to renew
such exemptions and prohibitions. If
they are not reviewed by the NOSB
within 5 years of their inclusion on the
National List and renewed by the
Secretary, their authorized use or
prohibition expires. This means that
synthetic substances Hydrogen chloride
(CAS # 7647-01-0) and Ferric
phosphate (CAS # 10045-86-0),
currently allowed for use in organic
crop production, will no longer be
allowed for use after the sunset date,
September 12, 2011. This also means
that Egg white lysozyme (CAS # 9001-
63-2), L-Malic acid (CAS # 97-67-6),
Microorganisms, Activated charcoal
(CAS #s 7440-44-0; 64365-11-3),
Cyclohexylamine (CAS # 108-91-8),
Diethylaminoethanol (CAS # 100-37-8),
Octadecylamine (CAS # 124-30-1),
Peracetic acid/Peroxyacetic acid (CAS #
79-21-0), Sodium acid pyrophosphate
(CAS # 7758-16-9), and Tetrasodium
pyrophosphate (CAS # 7722-88-5),
currently allowed for use in organic
handling, will no longer be allowed for
use after the sunset date, September 12,
2011.
This final rule reflects
recommendations submitted to the
Secretary by the NOSB concerning the
continued use of 12 substances on the
National List in organic production and
handling. Consistent with the
recommendations from the NOSB, this
final rule renews 12 exemptions on the
National List (along with any restrictive
annotations).
Under the authority of the OFPA, as
amended (7 U.S.C. 6501 et seq.), the
National List can be amended by the
Secretary based on recommendations
developed by the NOSB. Since
established, the NOP has published
fourteen amendments to the National
List: October 31, 2003 (68 FR 61987);
November 3, 2003 (68 FR 62215);
October 21, 2005 (70 FR 61217); June 7,
2006 (71 FR 32803); September 11, 2006
(71 FR 53299); June 27, 2007 (72 FR

35137); October 16, 2007 (72 FR 58469);
December 10, 2007 (72 FR 69569);
December 12, 2007 (72 FR 70479);
September 18, 2008 (73 FR 54057);
October 9, 2008 (73 FR 59479); July 6,
2010 (75 FR 38693); August 24, 2010 (75
FR 51919); and December 13, 2010 (75
FR 77521). Additionally, proposed
amendments to the National List were
published on November 8, 2010 (75 FR
68505), and a final rule affirming a
previous amendment was published on
March 14, 2011 (76 FR 13504).
II. Overview of Renewals
The following provides an overview
of the renewals for designated sections
of the National List regulations:
Renewals
This final rule continues the
exemptions at 205.601, along with any
restrictive annotations for the following
synthetic substances allowed for use in
organic crop production: Ferric
phosphate (CAS # 10045-86-0); and
Hydrogen chloride (CAS # 7647-01-0).
This final rule continues the exemptions
at 205.605(a), along with any
restrictive annotations, for the following
nonsynthetic, nonagricultural
(nonorganic) substances allowed as
ingredients in or on processed products
labeled as "organic" or "made with
organic (specified ingredients or food
groups(s))": Egg white lysozyme (CAS #
9001-63-2); L-Malic acid (CAS # 97-
67-6); and Microorganisms. This final
rule continues the exemptions at
205.605(b), along with any restrictive
annotations, for the following synthetic,
nonagricultural (nonorganic) substances
allowed as ingredients in or on
processed products labeled as "organic"
or "made with organic (specified
ingredients or food groups(s))":
Activated charcoal (CAS #s 7440-44-0;
64365-11-3); Cyclohexylamine (CAS #
108-91-8); Diethylaminoethanol (CAS #
100-37-8); Octadecylamine (CAS #
124-30-1); Peracetic acid/Peroxyacetic
acid (CAS # 79-21-0); Sodium acid
pyrophosphate (CAS # 7758-16-9); and
Tetrasodium pyrophosphate (CAS #
7722-88-5).
Nonrenewals
The NOSB determined that a
continuing need was demonstrated for
the authorization of the 12 exemptions.
In addition, most comments received on
the proposed rule (76 FR 2880)

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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52326/. Accessed August 23, 2014.