[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Proposed Rules]
[Pages 27252-27264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2388]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Proposed 
Rules  

[[Page 27252]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Docket No. AMS-TM-07-0062; TM-07-06]
RIN 0581-AC71


National Organic Program (NOP)--Proposed Amendments to the 
National List of Allowed and Prohibited Substances (Processing)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule proposes to amend the Department of 
Agriculture's (USDA) National List of Allowed and Prohibited Substances 
(National List) regulations to enact recommendations submitted to the 
Secretary of Agriculture (Secretary) by the National Organic Standards 
Board (NOSB) during public meetings held May 6-8, 2002, in Austin, 
Texas, and March 27-29, 2007, in Washington, DC. Consistent with the 
NOSB recommendations, this proposed rule proposes to add 38 substances, 
along with any restrictive annotations, to the National List 
regulations.

DATES: Comments must be received by May 22, 2007.

ADDRESSES: Interested persons may comment on this proposed rule using 
any of the following procedures:
     Mail: Comments may be submitted by mail to Robert Pooler, 
Agricultural Marketing Specialist, National Organic Program, USDA/AMS/
TMP/NOP, 1400 Independence Ave., SW., Room 4008-So., Ag Stop 0268, 
Washington, DC 20250.
     Internet: www.regulations.gov.
     Written comments on this proposed rule should be 
identified with the docket number AMS-TM-07-0062. Commenters should 
identify the topic and section number of this proposed rule to which 
the comment refers.
     Clearly indicate if you are for or against the proposed 
rule or some portion of it and your reason for it. Include 
recommendation changes as appropriate.
     Include a copy of articles or other references that 
support your comments. Only relevant material should be submitted.
    All comments to this proposed rule, submitted by any procedure, 
will be available for viewing at: www.regulations.gov. Comments 
submitted in response to this proposed rule will also be available for 
viewing in person at USDA-AMS, Transportation and Marketing, National 
Organic Program, Room 4008-South Building, 1400 Independence Ave., SW., 
Washington, DC, from 9 a.m. to 12 noon and from 1 p.m. to 4 p.m., 
Monday through Friday, (except on official Federal holidays). Persons 
wanting to view comments received in response to this proposed rule are 
requested to make an appointment in advance by calling (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Robert Pooler, Agricultural Marketing 
Specialist or Valerie Frances, NOSB Executive Director, National 
Organic Program, USDA/AMS/TM/NOP, Room 4008-So., Ag Stop 0268, 1400 
Independence Ave., SW., Washington, DC 20250. Phone: (202) 720-3252.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Organic Foods Production Act of 1990 (OFPA), as amended, (7 
U.S.C. 6501 et seq.), authorizes the establishment of the NOP 
regulations. On December 21, 2000, the Secretary established, within 
the NOP (7 CFR part 205), the National List regulations Sec. Sec.  
205.600 through 205.607. This National List identifies the synthetic 
substances that may be used and the non-synthetic substances that may 
not be used in organic production. The National List also identifies 
synthetic, non-synthetic and non-organic substances that may be used in 
organic handling. The OFPA and NOP regulations, in Sec.  205.105, 
specifically prohibit the use of any synthetic substance for organic 
production and handling unless the synthetic substance is on the 
National List. Section 205.105 also requires that any non-organic, non-
synthetic substance used in organic handling must also be on the 
National List.
    Until recently, producers, handlers and certifying agents may have 
misinterpreted National List regulations Sec.  205.606 to mean that any 
non-organic agricultural product which was determined by an accredited 
certifying agent to be not commercially available in organic form could 
be used in organic products, without being individually listed pursuant 
to the National List procedures. In January 2005, the First Circuit 
Court of Appeal's decision in Harvey v. Johanns found that such an 
interpretation is contrary to the plain meaning of the OFPA and held 
that 7 CFR 205.606 shall not be interpreted to create a blanket 
exemption to the National List requirements specified in Sec. Sec.  
6517 and 6518 of the OFPA (7 U.S.C. 6517-6518). Thereafter, consistent 
with the district court's final judgment and order, dated June 9, 2005, 
on July 1, 2005, the NOP published a notice regarding Sec.  205.606 (70 
FR 38090), and on June 7, 2006, published a final rule (71 FR 32803) 
revising Sec.  205.606 to clarify that the section shall be interpreted 
to permit the use of a non-organically produced agricultural product 
only when the product has been listed in Sec.  205.606 pursuant to 
National List procedures, and when an accredited certifying agent has 
determined that the organic form of the agricultural product is not 
commercially available. As a result, any non-organic agricultural 
substances that are being used in organic products that are not 
specifically listed in Sec.  205.606 pursuant to National List 
procedures will render currently certified products in non-compliance 
when the district court's final order and judgment on Harvey v. Johanns 
becomes fully effective on June 9, 2007.
    Under the authority of OFPA and the NOP regulations, the National 
List can be amended by the Secretary based upon proposed amendments 
developed by the NOSB through the National List petition process. This 
proposed rule proposes to amend the National List regulations to enact 
recommendations submitted to the Secretary by the NOSB during public 
meetings held May 6-8, 2002, and March 27-29, 2007. In these time 
periods, the NOSB has recommended that the Secretary add 38 substances 
to Sec.  205.606, along with any restrictive annotations, to the 
National List regulations.

[[Page 27253]]

    A 7-day comment period has been deemed appropriate to allow 
interested persons to respond to this proposed rule. Seven days is 
deemed appropriate because under the NOP regulations (7 CFR part 
205.606) the allowed use of these 38 substances, pursuant to the 
district court's final order and judgment on Harvey v. Johanns, will 
expire on June 9, 2007. A 7-day comment period will help avoid lapses 
in the eligibility of the petitioned substances to be used in organic 
handling. Additionally, interested persons have already been provided 
with 30 days of public comment on these 38 substances in advance of the 
NOSB meetings held May 6-8, 2002, and March 27-29, 2007. The NOSB 
considered these comments during their reviews and concluded that the 
petitioners had provided sufficient evidence for adding these 38 
substances to the National List. Final rulemaking to allow the use of 
these 38 petitioned substances, if adopted, should be completed before 
June 9, 2007. Any comments that are received timely will be considered 
before final determinations are made on these petitioned substances.

II. Overview of Proposed Amendments

    The following provides an overview of the proposed amendments to 
designated sections of the National List regulations.

Section 205.606 Nonorganically Produced Agricultural Products Allowed 
as Ingredients in or on Processed Products Labeled as ``Organic''

    This proposed rule would amend Sec.  205.606 of the National List 
regulations by adding the following substances:
Color Ingredients From Agricultural Products
    Annatto extract color, (pigment CAS 1393-63-1). Annatto 
extract color was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' Annatto 
extract color is used as a natural color additive in a variety of 
foods. Its use as a color additive in food products is regulated by the 
Food and Drug Administration (FDA) (21 CFR 73.30). Depending on the 
concentration used, annatto extract color adds a deep orange to light 
yellow color to foods. Annatto extract color is a liquid derived from 
physical or oil extraction of annatto seeds (Bixaceae bixa orellana). 
The major pigments in annatto extract color are classified as 
Carotenoids which are insoluble in water, partially soluble in ethanol, 
and soluble in vegetable oils. Fruit and vegetable extracts containing 
Carotenoids are heat and light sensitive, but also display antioxidant 
properties that may be beneficial to human health.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding annatto extract color to the National List for use 
in organic handling as a non-organic agricultural ingredient when the 
organic form of annatto extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated annatto extract 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that annatto extract color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of annatto extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow annatto extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Beet juice extract color, (pigment CAS 7659-95-2). Beet 
juice extract color was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Beet juice extract color is used as a natural color 
additive in a variety of foods. Its use as a color additive in food 
products is regulated by FDA (21 CFR 73.40). Depending on the beet 
source, concentration used and pH, beet juice extract color adds a 
yellow, red or pink color to foods. Beet juice extract color is a 
liquid derived from beets (Amaranthaceae beta vulgaris) through aqueous 
and physical extraction. Powder forms are derived from drying extracts. 
The principle pigment in beet juice extract color is Betanin or 
beetroot red. This pigment is grouped in a class of pigments known as 
Betalains. These pigments are soluble in water, insoluble in ethanol, 
and are found only in a few plant families. Betalain pigments are well 
suited for use in low acid foods, complement Anthocyanin pigments in 
food coloring, and may have antioxidant capability that may be 
beneficial to human health.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding beet juice extract color to the National List for 
use in organic handling as a non-organic agricultural ingredient when 
the organic form of beet juice extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated beet juice 
extract color against evaluation criteria established by 7 U.S.C. 6517 
and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial 
availability, received public comment, and concluded that beet juice 
extract color is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of beet juice extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow beet juice extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Beta-Carotene extract color from carrots (CAS 1393-63-1). 
Beta-Carotene extract color was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Beta-Carotene extract color is used as a natural color 
additive in a variety of foods. Its use as a color additive in food 
products is regulated by FDA (21 CFR 73.95). Depending on the 
concentration used, Beta-Carotene extract color adds a deep orange to 
light yellow color to foods. Beta-Carotene extract color is a liquid 
derived from carrots (Apiaceae daucus carota) through physical 
extraction in vegetable oil. The final extract product is a dark orange 
viscous concentrate. The major pigments in Beta-Carotene extract color 
are Carotenoids.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Beta-Carotene extract color from carrots to the 
National List for use in organic handling as a non-organic agricultural 
ingredient when the organic form of Beta-Carotene extract color is 
considered commercially unavailable. In this open meeting, the NOSB 
evaluated Beta-Carotene extract color against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that Beta-Carotene extract color is consistent with OFPA 
evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
Beta-Carotene extract color in organic handling, the Secretary proposes 
to amend Sec.  205.606 of the National List regulations to allow Beta-
Carotene extract color from carrots as a non-organically produced 
agricultural product allowed as an ingredient in or on processed 
products labeled as ``organic.''

[[Page 27254]]

    Black currant juice color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Black currant juice 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Black currant juice 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.250). Depending on the concentration used, Black currant juice color 
adds a bright red to blue-purple color to foods. Black currant juice 
color is a liquid derived from black currant fruit (Grossulariaceae 
ribes nigrum) through aqueous and physical extraction. Powder forms are 
derived from drying extracts. The major pigments in Black currant juice 
color are classified as Anthocyanins which are soluble in water. 
Anthocyanins are polyphenolic natural pigments that are present in many 
plant species and frequently occur as glycosides in various 
combinations that produce colors such as orange, red, blue or purple. 
Fruit and vegetable extracts containing Anthocyanins are usually stable 
to UV light and temperature, but are sensitive to the presence of 
oxygen or metal ions such as iron or aluminum. Anthocyanin pigments may 
have increased color intensity and stability in moderately acidic 
solutions.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Black currant juice color to the National List for 
use in organic handling as a non-organic agricultural ingredient when 
the organic form of Black currant juice color is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
Black currant juice color against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
Black currant juice color is consistent with OFPA evaluation criteria 
and NOP commercial availability criteria. Therefore, in response to the 
NOSB recommendation regarding the use of Black currant juice color in 
organic handling, the Secretary proposes to amend Sec.  205.606 of the 
National List regulations to allow Black currant juice color as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic.''
    Black/Purple carrot juice color (pigment CAS 's: 528-58-5, 
528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Black/Purple 
carrot juice color was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' Black/
Purple carrot juice color is used as a natural color additive in a 
variety of foods. Its use as a color additive in food products is 
regulated by FDA (21 CFR 73.300). Depending on the concentration used, 
black/purple carrot juice color adds a deep blue-purple-black color to 
foods. Black/Purple carrot juice color is a liquid extract derived from 
black or purple carrots (Apiaceae daucus carota) through aqueous and 
physical extraction. Powder forms are derived from drying extracts. The 
pigments in black/purple carrot juice color are water soluble 
Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding black/purple carrot juice color to the National List 
for use in organic handling as a non-organic agricultural ingredient 
when the organic form of black/purple carrot juice color is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
black/purple carrot juice color against evaluation criteria established 
by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
black/purple carrot juice color is consistent with OFPA evaluation 
criteria and NOP commercial availability criteria. Therefore, in 
response to the NOSB recommendation regarding the use of black/purple 
carrot juice color in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow black/purple 
carrot juice color as a non-organically produced agricultural product 
allowed as an ingredient in or on processed products labeled as 
``organic.''
    Blueberry juice color (pigment CAS 's: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Blueberry juice color was 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Blueberry juice color is 
used as a natural color additive in a variety of foods. Its use as a 
color additive in food products is regulated by FDA (21 CFR 73.250). 
Depending on the concentration used, Blueberry juice color adds a blue 
to red color to foods. Blueberry juice color is a liquid derived from 
blueberry fruit (Vaccinium cyanococcus) through physical extraction. 
The major pigments in Blueberry juice color are water soluble 
Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Blueberry juice color to the National List for use 
in organic handling as a non-organic agricultural ingredient when the 
organic form of Blueberry juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated Blueberry juice 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that Blueberry juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of Blueberry juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow Blueberry juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Carrot juice color, (pigment CAS 1393-63-1). Carrot juice 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Carrot juice color 
is used as a natural color additive in a variety of foods. Its use as a 
color additive in food products is regulated by FDA (21 CFR 73.300). 
Depending on the concentration used, Carrot juice color adds a deep 
organic to light yellow color to foods. Carrot juice color is a liquid 
derived from carrots (Apiaceae daucus carota) through physical 
extraction. The major pigments in Carrot juice color are Carotenoids.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Carrot juice color to the National List for use in 
organic handling as a non-organic agricultural ingredient when the 
organic form of Carrot juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated Carrot juice 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that Carrot juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of Carrot juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow Carrot juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''

[[Page 27255]]

    Cherry juice color, (pigment CAS 's: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Cherry juice color was 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Cherry juice color is used 
as a natural color additive in a variety of foods. Its use as a color 
additive in food products is regulated by FDA (21 CFR 73.250). 
Depending on the concentration used and solution pH, cherry juice color 
adds a pink to blue-red color to foods. Cherry juice color is a liquid 
derived from cherry fruit (Prunus cerasus L.) through aqueous and 
physical extraction. The major pigments in Cherry juice color are water 
soluble Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding cherry juice color to the National List for use in 
organic handling as a non-organic agricultural ingredient when the 
organic form of cherry juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated cherry juice 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that cherry juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of cherry juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow cherry juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Chokeberry--Aronia juice color (pigment CAS 's: 528-58-5, 
528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Chokeberry--
Aronia juice color was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' 
Chokeberry--Aronia juice color is used as a natural color additive in a 
variety of foods. Its use as a color additive in food products is 
regulated by FDA (21 CFR 73.250). Depending on the concentration used, 
chokeberry--aronia juice color adds a bright red to blue-purple color 
to foods. Chokeberry--aronia juice color is a liquid derived from the 
chokeberry fruit (Grossulariaceae ribes nigrum) through aqueous and 
physical extraction. Powder forms are derived from drying extracts. The 
major pigments in chokeberry--aronia juice color are Anthocynanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding chokeberry--aronia juice color to the National List 
for use in organic handling as a non-organic agricultural ingredient 
when the organic form of chokeberry--aronia juice color is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
chokeberry--aronia juice color against evaluation criteria established 
by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
chokeberry--aronia juice color is consistent with OFPA evaluation 
criteria and NOP commercial availability criteria. Therefore, in 
response to the NOSB recommendation regarding the use of chokeberry--
aronia juice color in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow chokeberry--
aronia juice color as a non-organically produced agricultural product 
allowed as an ingredient in or on processed products labeled as 
``organic.''
    Elderberry juice color (pigment CAS 's: 528-58-5, 528-53-
0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Elderberry juice color 
was petitioned for use as a non-organic agricultural ingredient in or 
on processed products labeled as ``organic.'' Elderberry juice color is 
used as a natural color additive in a variety of foods. Its use as a 
color additive in food products is regulated by FDA (21 CFR 73.250). 
Depending on the concentration used, elderberry juice color adds a 
bright red to blue-purple color to foods. Elderberry juice color is a 
liquid derived from elderberry fruit (Adoxaceae sambucus nigra) through 
aqueous and physical extraction. The major pigments in elderberry juice 
color are Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding elderberry juice color to the National List for use 
in organic handling as a non-organic agricultural ingredient when the 
organic form of elderberry juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated elderberry juice 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that elderberry juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of elderberry juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow elderberry juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Grape juice color (pigment CAS 's: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Grape juice Color was 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Grape juice color is used as 
a natural color additive in a variety of foods. Its use as a color 
additive in food products is regulated by FDA (21 CFR 73.169). 
Depending on the concentration used, grape juice color adds a bright 
pink to deep red color to foods. Grape juice color is a liquid derived 
from grape fruit (Vitaceae vitis vinifera) through aqueous and physical 
extraction. The major pigments in grape juice color are Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding grape juice color to the National List for use in 
organic handling as a non-organic agricultural ingredient when the 
organic form of grape juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated grape juice color 
against evaluation criteria established by 7 U.S.C. 6517 and 6518 of 
the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that grape juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of grape juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow grape juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Grape skin extract color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Grape skin extract 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Grape skin extract 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.170). Depending on the concentration used, grape skin extract color 
adds a pink to deep purple color to foods. Grape skin extract color is 
a liquid derived from grape fruit (Vitaceae vitis vinifera) through 
aqueous and physical extraction. Powder forms are

[[Page 27256]]

derived from drying extracts. The major pigments in grape skin extract 
color are Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding grape skin extract color to the National List for 
use in organic handling as a non-organic agricultural ingredient when 
the organic form of grape skin extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated grape skin 
extract color against evaluation criteria established by 7 U.S.C. 6517 
and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial 
availability, received public comment, and concluded that grape skin 
extract color is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of grape skin extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow grape skin extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Paprika color--dried powder and vegetable oil extract, (CAS 
68917-78-2). Paprika color was petitioned for use as a non-
organic agricultural ingredient in or on processed products labeled as 
``organic.'' Paprika color is used as a natural color additive in a 
variety of foods. Its use as a color additive in food products is 
regulated by FDA (21 CFR 73.340 and 73.345). Depending on the 
concentration used, Paprika color adds a yellow orange to red orange 
color to foods. Paprika color is a ground dried powder or vegetable oil 
extracted liquid derived from Capsicium peppers (Capsicum annuum L.). 
The principle coloring components of paprika color are considered to be 
Carotenoids that are identified as Capsanthgin and Capsorubin.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding paprika color, dried powder and vegetable oil 
extract, to the National List for use in organic handling as a non-
organic agricultural ingredient when the organic form of paprika color, 
dried powder and vegetable oil extract, is considered commercially 
unavailable. In this open meeting, the NOSB evaluated paprika color, 
dried powder and vegetable oil extract, against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that paprika color, dried powder and vegetable oil extract, 
is consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of paprika color, dried powder and 
vegetable oil extract, in organic handling, the Secretary proposes to 
amend Sec.  205.606 of the National List regulations to allow paprika 
color, dried powder and vegetable oil extract, as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Pumpkin juice color, (pigment CAS 127-40-2). Pumpkin juice 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Pumpkin juice color 
is used as a natural color additive in a variety of foods. Its use as a 
color additive in food products is regulated by FDA (21 CFR 73.250). 
Depending on the concentration used, pumpkin juice color adds a yellow 
to orange red color to foods. Pumpkin juice color is a liquid derived 
from pumpkin fruit (Concurbita L.) through physical extraction and 
effluent concentration. The major pigments in pumpkin juice color are 
Carotenoids.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding pumpkin juice color to the National List for use in 
organic handling as a non-organic agricultural ingredient when the 
organic form of pumpkin juice color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated pumpkin juice 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that pumpkin juice color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of pumpkin juice color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow pumpkin juice color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Purple potato juice color, (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Purple potato juice 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Purple potato juice 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.260). Depending on solution pH and the concentration used, Purple 
potato juice color adds a pink to purple color to foods. Purple potato 
juice color is a liquid derived from purple potatoes (Ipomoea batatas 
L.) through aqueous and physical extraction. Powder forms are derived 
from drying extracts. The major pigments in purple potato juice color 
are Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding purple potato juice color to the National List for 
use in organic handling as a non-organic agricultural ingredient when 
the organic form of purple potato juice color is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
purple potato juice color against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
purple potato juice color is consistent with OFPA evaluation criteria 
and NOP commercial availability criteria. Therefore, in response to the 
NOSB recommendation regarding the use of purple potato juice color in 
organic handling, the Secretary proposes to amend Sec.  205.606 of the 
National List regulations to allow purple potato juice color as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic.''
    Red cabbage extract color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Red cabbage extract 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Red cabbage extract 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.260). Depending on the concentration used, red cabbage extract color 
adds a red or pink color to foods. Red cabbage extract color is a 
liquid derived from red cabbage (Brassicadeae brissica oleracea) 
through aqueous and physical extraction. Powder forms are derived from 
drying extracts. The major pigments in red cabbage extract color are 
Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding red cabbage extract color to the National List for 
use in organic handling as a non-organic

[[Page 27257]]

agricultural ingredient when the organic form of red cabbage extract 
color is considered commercially unavailable. In this open meeting, the 
NOSB evaluated red cabbage extract color against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that Red cabbage extract color is consistent with OFPA 
evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
red cabbage extract color in organic handling, the Secretary proposes 
to amend Sec.  205.606 of the National List regulations to allow red 
cabbage extract color as a non-organically produced agricultural 
product allowed as an ingredient in or on processed products labeled as 
``organic.''
    Red radish extract color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3). Red radish extract 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Red radish extract 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.260). Depending on the concentration used, red radish extract color 
adds a red to pink color to foods. Red radish extract color is a liquid 
derived from red radish (Brassicaceae raphinus sativus) through aqueous 
and physical extraction. Powder forms are derived from drying extracts. 
The major pigments in red radish extract color are water soluble 
Anthocyanins.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding red radish extract color to the National List for 
use in organic handling as a non-organic agricultural ingredient where 
the organic form of red radish extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated red radish 
extract color against evaluation criteria established by 7 U.S.C. 6517 
and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial 
availability, received public comment, and concluded that red radish 
extract color is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of red radish extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow red radish extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Saffron extract color (pigment CAS 1393-63-1). Saffron 
extract color was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' Saffron 
extract color is used as a natural color additive in a variety of 
foods. Its use as a color additive in food products is regulated by FDA 
(21 CFR 73.500). Depending on the concentration used, saffron extract 
color adds a bright yellow to orange color to foods. Saffron extract 
color is a powder derived from stigmas of the Autumn Crocus blossoms 
(Crocus sativus) that are dried and ground. The predominant color 
pigment in saffron extract color is Crocin, a tetraterpene Carotenoid.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding saffron extract color to the National List for use 
in organic handling as a non-organic agricultural ingredient when the 
organic form of saffron extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated saffron extract 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that saffron extract color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of saffron extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow saffron extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Turmeric extract color, (CAS 458-37-7). Turmeric extract 
color was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Turmeric extract 
color is used as a natural color additive in a variety of foods. Its 
use as a color additive in food products is regulated by FDA (21 CFR 
73.600). Depending on the concentration used, turmeric extract color 
adds a bright yellow color to foods. Turmeric extract color is a liquid 
derived from the rhizomes of the plant Curcuma longa, a member of the 
ginger family Zingiberaceae, through physical extraction in vegetable 
oil. The major pigments in turmeric extract color are Curcumunoids 
which are reported to be strong antioxidants.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding turmeric extract color to the National List for use 
in organic handling as a non-organic agricultural ingredient when the 
organic form of turmeric extract color is considered commercially 
unavailable. In this open meeting, the NOSB evaluated turmeric extract 
color against evaluation criteria established by 7 U.S.C. 6517 and 6518 
of the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that turmeric extract color is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of turmeric extract color in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow turmeric extract color as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
Ingredients or Processing Aids From Agricultural Products
    Casings, from processed intestines (no CAS ). Casings, 
from processed intestines was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Casings from processed intestines are used as sheaths in 
the manufacture of sausage and a variety of other meat products. Its 
use in the manufacture of meat products is regulated by the USDA (9 CFR 
parts 317 and 38). Casings are derived from processed intestines 
primarily from the bovine, ovine or porcine animal species. The 
justification for adding non-organic casings to the National List is 
based upon insufficient availability of processed intestines from 
organically produced animals.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding casings from processed intestines to the National 
List for use in organic handling as a non-organic agricultural 
ingredient where the organic form of casings is considered commercially 
unavailable. In this open meeting, the NOSB evaluated casings from 
processed intestines against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
casings from processed intestines is consistent with OFPA evaluation 
criteria and NOP commercial availability criteria. Therefore, in 
response to the NOSB recommendation regarding the use of casings from

[[Page 27258]]

processed intestines in organic handling, the Secretary proposes to 
amend Sec.  205.606 of the National List regulations to allow casings 
from processed intestines as a non-organically produced agricultural 
product allowed as an ingredient in or on processed products labeled as 
``organic.''
    Celery powder (No CAS ). Celery powder was petitioned for 
use as a non-organic agricultural ingredient in or on processed 
products labeled as ``organic.'' This substance is used on meat 
products to facilitate the natural curing of meat. Its general use in 
food products is regulated by FDA (21 CFR 182.10). When applied to meat 
products, celery powder provides a concentrated source of nitrate that 
is converted to nitrite by reacting with myoglobin, a component in the 
meat tissue. This curing process inhibits growth of undesirable 
microorganisms, retains color and preserves the flavors of meats. 
Celery powder is a light green powder obtained from processing celery 
plant tissue by cutting, grinding, drying, pulping, or similar 
processing of tissues as described under FDA (21 CFR 101.22).
    At its March 27-29, 2007 meeting in Washington, DC, the NOSB 
recommended adding celery powder to the National List for use in 
organic handling as a non-organic agricultural ingredient when the 
organic form of celery powder is considered commercially unavailable. 
In this open meeting, the NOSB evaluated celery powder against 
evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA 
and NOP criteria (72 FR 2167) on commercial availability, received 
public comment, and concluded that celery powder is consistent with 
OFPA evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
celery powder in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow celery powder 
as a non-organically produced agricultural product allowed as an 
ingredient in or on processed products labeled as ``organic.''
    Chia (Salvia hispanica L.) (no CAS ). Chia was petitioned 
for use as a non-organic agricultural ingredient in or on processed 
products labeled as ``organic.'' Chia is used as an ingredient in a 
variety of foods such as baked goods and beverages. Its use in food 
products is regulated by FDA (21 CFR 182.10). Chia is an annual herb 
grown in Central America, considered to be gluten free, provides both 
soluble and insoluble dietary fiber, and is a good source of omega-3 
fatty acids. In some regions, chia is primarily cultivated for its 
seeds which are known to have a high concentration of omega-3 fatty 
acids.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding chia to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of chia is considered commercially unavailable. In this open 
meeting, the NOSB evaluated chia against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that chia is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of chia in organic handling, the 
Secretary proposes to amend Sec.  205.606 of the National List 
regulations to allow chia as a non-organically produced agricultural 
product allowed as an ingredient in or on processed products labeled as 
``organic.''
    Dillweed oil, (CAS 8006-75-5). Dillweed oil was petitioned 
for use as a non-organic agricultural ingredient in or on processed 
products labeled as ``organic.'' Dillweed oil is used as a flavoring 
agent in organic dill pickle production. The flavor and aroma 
components of dillweed oil are attributed to substances classified as 
Monoterpenes--Carvone, Limonene and Phellandrene. Dillweed oil is a 
colorless to pale yellow or yellow clear liquid that is insoluble in 
water and its use in food products is regulated by FDA (21 CFR 
184.1282). After harvest, the dillweed plant (Anethum graveolens) is 
steam distilled and the dillweed oil is collected in the condensate. 
This oil is then standardized to achieve the desired flavor properties.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding dillweed oil to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of dillweed oil is considered commercially unavailable. In this 
open meeting, the NOSB evaluated dillweed oil against evaluation 
criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP 
criteria (72 FR 2167) on commercial availability, received public 
comment, and concluded that dillweed oil is consistent with OFPA 
evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
dillweed oil in organic handling, the Secretary proposes to amend Sec.  
205.606 of the National List regulations to allow dillweed oil as a 
non-organically produced agricultural product allowed as an ingredient 
in or on processed products labeled as ``organic.''
    Fish oil (Fatty acid CAS 's: 10417-94-4, and 25167-62-8). 
Fish oil was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' Fish oil 
is used as an ingredient in a variety of foods such as baked goods, 
cereals, cheese products, and soups. Its use in food products is 
regulated by FDA (21 CFR 184). A primary purpose for adding fish oil as 
an ingredient to foods is to elevate the omega-3 fatty acid content of 
foods. Fish oil is a mixture of fatty acids with two omega-3 fatty 
acids, Eicosapentaenoic acid and Docosahexaenoic acid as the principle 
fatty acid components. It is a liquid that is extracted and refined 
from fish by-product sourced from high fat containing fish species such 
as salmon, tuna, anchovy and sardines.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding fish oil to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of fish oil is considered commercially unavailable. In this open 
meeting, the NOSB evaluated fish oil against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that fish oil is consistent with OFPA evaluation criteria and 
NOP commercial availability criteria. Therefore, in response to the 
NOSB recommendation regarding the use of fish oil in organic handling, 
the Secretary proposes to amend Sec.  205.606 of the National List 
regulations to allow fish oil as a non-organically produced 
agricultural product allowed as an ingredient in or on processed 
products labeled as ``organic.''
    Fructooligosaccharides (CAS 308066-66-2). 
Fructooligosaccharides was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Fructooligosaccharides is used as an ingredient in a 
variety of food products. Its use in food products is regulated by FDA 
(21 CFR 172.892). A primary purpose for adding fructooligosaccharides 
as an ingredient to foods is to serve as a bulking agent by providing 
prebiotic fiber to foods. Fructooligosaccharides are naturally present 
in several vegetables, fruits and

[[Page 27259]]

grains that may be components of standard diets. This substance is 
commercially produced by subjecting sucrose to heated fermentation with 
an Aspergillus japonicus derived enzyme. The inclusion of this non-
digestible carbohydrate is thought to promote a more favorable 
intestinal microbial composition which may be beneficial to human 
health.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding fructooligosaccharides to the National List for use 
in organic handling as a non-organic agricultural ingredient where the 
organic form of fructooligosaccharides is considered commercially 
unavailable. In this open meeting, the NOSB evaluated 
fructooligosaccharides against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
fructooligosaccharides is consistent with OFPA evaluation criteria and 
NOP commercial availability criteria. Therefore, in response to the 
NOSB recommendation regarding the use of fructooligosaccharides in 
organic handling, the Secretary proposes to amend Sec.  205.606 of the 
National List regulations to allow fructooligosaccharides as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic.''
    Galangal--frozen (no CAS ). Galangal--frozen, was 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Galangal is used as a 
flavoring ingredient in a variety of foods. Its use as an ingredient in 
food products is regulated by FDA (21 CFR 182.10). The essential oils 
(aroma components) and flavoring capacity of galangal varies with the 
source of galangal. Fresh or frozen galangal provides more of the aroma 
essential oils and flavoring capacity compared to dried galangal. 
Galangal is derived from knobby galanga rhizome or rootstock (Alpina 
galanga, Alpina officinarum). It is a ginger-like rootstock with an 
orange-brown or pale red surface and woody texture.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding frozen galangal to the National List for use in 
organic handling as a non-organic agricultural ingredient where the 
organic form of frozen galangal is considered commercially unavailable. 
In this open meeting, the NOSB evaluated frozen galangal against 
evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA 
and NOP criteria (72 FR 2167) on commercial availability, received 
public comment, and concluded that frozen galangal is consistent with 
OFPA evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
frozen galangal, in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow frozen 
galangal, as a non-organically produced agricultural product allowed as 
an ingredient in or on processed products labeled as ``organic.''
    Gelatin (CAS 9000-70-8). Gelatin was petitioned for use as 
a non-organic agricultural ingredient in or on processed products 
labeled as ``organic.'' Gelatin is used as a stabilizer, thickener, or 
texturizer in a variety of foods. It can also be used as a processing 
aid such as a beverage clarifier, or as a protective coating or 
container for substances. Gelatin is considered to be a generally 
recognized as safe (GRAS) substance as provided by FDA (21 CFR 170). It 
can be manufactured from several different types of naturally derived 
collagen that is subjected to partial hydrolysis and extraction 
procedures. Gelatin is a heterogeneous mixture of high molecular weight 
water soluble proteins. It is a colorless, tasteless, odorless and 
considerably transparent substance that binds with water and swells to 
form a gelatinous product.
    At its May 6-8, 2002, meeting in Austin, Texas, the NOSB 
recommended adding gelatin to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of gelatin is considered commercially unavailable. In this open 
meeting, the NOSB evaluated gelatin against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed its 
commercial availability, received public comment, and concluded that 
gelatin is consistent with OFPA evaluation criteria and not 
commercially available in organic form. Therefore, in response to the 
NOSB recommendation regarding the use of gelatin in organic handling, 
the Secretary proposes to amend Sec.  205.606 of the National List 
regulations to allow gelatin as a non-organically produced agricultural 
product allowed as an ingredients in or on processed products labeled 
as ``organic.''
    Hops (Humulus lupulus). Hops was petitioned for use as a non-
organic agricultural ingredient in or on processed products labeled as 
``organic.'' Hops are a primary ingredient used in brewing beer. 
Several varieties of hops are used in the manufacture of beer products. 
Although the final brewing product is regulated by the Bureau of 
Alcohol, Tobacco & Firearms, hops are processed and packaged according 
to FDA (21 CFR 110), Current Good Manufacturing Practice in 
Manufacturing, Packing or Holding Human Food. As used for the brewing 
process, hops form varieties include whole hops, hop pellets, hop 
powder pellets, modified hop powder pellets or hops extract. Hops 
contribute unique flavors and aroma to brewing, and may serve as a 
natural stabilizer. While hops are grown in diverse agricultural 
regions, hop varieties vary in flavor and aroma characteristics, and 
are selected based upon the unique characteristics contributed to 
brewing. Due to these unique characteristics that are contributed to a 
specific brewing process, brewers cannot interchange hop varieties 
should a selected variety be commercially unavailable without 
significant changes in the final product.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding hops to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of hops is considered commercially unavailable. In this open 
meeting, the NOSB evaluated hops against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that hops is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of hops in organic handling, the 
Secretary proposes to amend Sec.  205.606 of the National List 
regulations to allow hops as a non-organically produced agricultural 
product allowed as an ingredient in or on processed products labeled as 
``organic.''
    Inulin, oligofructose enriched, (CAS 9005-80-5). 
Oligofructose enriched inulin was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Oligofructose enriched inulin is used as an ingredient in 
a variety of foods. It is considered to be a GRAS substance and its use 
in food products is regulated by FDA (21 CFR 172.892). A primary 
purpose for adding oligofructose enriched inulin as an ingredient to 
foods is to add soluble dietary fiber, and provide texture and 
consistency to food products. Oligofructose enriched inulin is derived

[[Page 27260]]

from inulin which is a polymer of naturally occurring oligosaccharide 
produced in many types of plants. Inulin is extracted from the root of 
the chicory plant (Cichorium intybus) by a hot water diffusion process. 
Subsequently, the extracted inulin is partially enzymatically 
hydrolyzed to yield oligofructose enriched inulin. The hydrolyzate is 
dried to a powder for application in foods. Enzyme hydrolyzation 
reduces the chemical chain length of the oligosaccharide polymer 
resulting in varying functional properties between inulin and the 
oligofructose enriched form. The shorter polymer chain length increases 
polymer solubility and facilitates product texture and consistency.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding oligofructose enriched inulin to the National List 
for use in organic handling as a non-organic agricultural ingredient 
where the organic form of oligofructose enriched inulin is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
oligofructose enriched inulin against evaluation criteria established 
by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
oligofructose enriched inulin is consistent with OFPA evaluation 
criteria and NOP commercial availability criteria. Therefore, in 
response to the NOSB recommendation regarding the use of oligofructose 
enriched inulin in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow oligofructose 
enriched inulin as a non-organically produced agricultural product 
allowed as an ingredient in or on processed products labeled as 
``organic.''
    Konjac flour (CAS 37220-17-0). Konjac flour was petitioned 
for use as a non-organic agricultural ingredient in or on processed 
products labeled as ``organic.'' Konjac flour is used as an ingredient 
in foods as a gelling agent, stabilizer, thickener, fat replacer, and 
similar technological functions. Its use as an ingredient in non-meat 
food products is regulated by FDA (21 CFR 170) and its use in meat 
products is regulated by USDA Food Safety Inspection Service (FSIS) (9 
CFR 381). Konjac flour is a dried powder derived from aqueous and 
physical extraction of the glucomannan polysaccharide (mannose and 
glucose units) from ground elephant yam (Amorphophallu) tuber (root). 
The polysaccharide in konjac flour has a large molecular weight and can 
have a high rate of hydration leading to increased viscosity of foods 
when included as an ingredient. The degree of water gelling with konjac 
flour is a function of the presence of acetyl groups within the 
glucomannan molecule. De-acetylation of the molecule in the presence of 
a weak base allows formation of stable gels.
    At its May 6-8, 2002, meeting in Austin, Texas, the NOSB 
recommended adding konjac flour to the National List for use in organic 
handling as a non-organic agricultural ingredient where the organic 
form of konjac flour is considered commercially unavailable. In this 
open meeting, the NOSB evaluated konjac flour against evaluation 
criteria established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed 
its commercial availability, received public comment, and concluded 
that konjac flour is consistent with OFPA evaluation criteria and not 
commercially available in organic form. Therefore, in response to the 
NOSB recommendation regarding the use of konjac flour in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow konjac flour as a non-organically produced 
agricultural product allowed as an ingredient in or on processed 
products labeled as ``organic.''
    Lemongrass, frozen (no CAS ). Lemongrass, frozen was 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Frozen lemongrass is used as 
a distinct citrus flavoring agent in a variety of foods. Its use in 
food products is regulated by FDA (21 CFR 182.10). The flavor component 
of frozen lemongrass is attributed to an oil substance classified as a 
Terpenoid, Citral, also known as Lemonal. Lemongrass (Cymbopogon 
citratus) is an aromatic plant with long slender blades grown in warm 
temperate and tropical regions. When added to foods, the edible portion 
of the plant is usually sliced or bruised to release the lemongrass 
oil. Dried/powdered lemongrass sources may not provide the flavor 
potential as either fresh or frozen lemongrass.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding frozen lemongrass to the National List for use in 
organic handling as a non-organic agricultural ingredient where the 
organic form of frozen lemongrass is considered commercially 
unavailable. In this open meeting, the NOSB evaluated frozen lemongrass 
against evaluation criteria established by 7 U.S.C. 6517 and 6518 of 
the OFPA and NOP criteria (72 FR 2167) on commercial availability, 
received public comment, and concluded that frozen lemongrass is 
consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of frozen lemongrass in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow frozen lemongrass as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Orange shellac, unbleached (CAS 9000-59-3). Unbleached 
orange shellac was petitioned for use as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' 
Unbleached orange shellac is used principally as a coating agent and as 
a glazing or polishing agent on fruits and vegetables. It may also be 
used as a color dilutent or as an ingredient for the glazing of 
confectionary products. Its use as an ingredient or processing aid is 
regulated by FDA (21 CFR 184). Unbleached orange shellac is a hard, 
durable, amorphous resin that is semi-impermeable to water. It is used 
in combination with other ingredients in coatings on fruits and 
vegetables to limit water loss and reduce gas exchange (natural 
ethylene) resulting from fruit or vegetable ripening. Unbleached orange 
shellac is a mixture of resins derived from secretions of the Lac 
insect (Laccifer lacca Kerr) that are collected from resiniferous trees 
and bushes, and further processed to yield shellac.
    At its May 6-8, 2002, meeting in Austin, Texas, the NOSB 
recommended adding unbleached orange shellac to the National List for 
use in organic handling as a non-organic agricultural ingredient where 
the organic form of unbleached orange shellac is considered 
commercially unavailable. In this open meeting, the NOSB evaluated 
unbleached orange shellac against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA, assessed its commercial availability, 
received public comment, and concluded that unbleached orange shellac 
is consistent with OFPA evaluation criteria and not commercially 
available in organic form. Therefore, in response to the NOSB 
recommendation regarding the use of unbleached orange shellac in 
organic handling, the Secretary proposes to amend Sec.  205.606 of the 
National List regulations to allow unbleached orange shellac as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic.''

[[Page 27261]]

    Pepper, chipotle chile (no CAS ). Chipotle chile pepper 
was petitioned for use as a non-organic agricultural ingredient in or 
on processed products labeled as ``organic.'' Its use in food products 
is regulated by FDA (21 CFR 182.1). Chipotle chile pepper is used as a 
flavoring agent in a variety of food products. Chipotle chile peppers 
are smoke dried jalapeno chile peppers (Capsicum annuum) that are 
allowed to mature on the vine from a green to a red color. After 
harvest, the red chile peppers are slowly dried and smoked. Chipotle 
chile peppers are considered to have a sweet, smoky flavor with a 
strong degree of ``hotness'' or spiciness. Spiciness is a function of 
the concentration of Capsicum, a chemical that stimulates 
thermoreceptor nerve endings in the skin. Authentic chipotle chile 
peppers are produced primarily in Mexico. Chile pepper varieties that 
are produced in other regions reportedly provide less flavoring or 
different flavoring.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding chipotle chile pepper to the National List for use 
in organic handling as a non-organic agricultural ingredient where the 
organic form of chipotle chile pepper is considered commercially 
unavailable. In this open meeting, the NOSB evaluated chipotle chile 
pepper against evaluation criteria established by 7 U.S.C. 6517 and 
6518 of the OFPA and NOP criteria (72 FR 2167) on commercial 
availability, received public comment, and concluded that chipotle 
chile pepper is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of chipotle chile pepper in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow chipotle chile pepper as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Rice starch, unmodified (CAS 977000-08-0). Unmodified rice 
starch was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Unmodified rice 
starch is affirmed for use as an ingredient in a variety of foods 
through its inclusion on the FDA's ``Everything'' Added to Food in the 
United States (EAFUS) list which is a list of ingredients that can be 
added directly to food that are either approved as food additives or 
affirmed as GRAS (21 CFR 182). Primary functions attributed to using 
unmodified rice starch as an ingredient in foods is as a thickener, 
stabilizer and gelling agent. Unmodified rice starch is derived from 
alkali treated (Sodium hydroxide, National List, Sec.  205.605(b)) 
pulverized rice grain that is subsequently wet milled and centrifuged 
to separate the rice starch from the rice protein. Unmodified rice 
starch is a white powder, with a neutral taste and odor, and small 
particle size. These attributes are reportedly not available from other 
thickening agents that are presently included on the National List in 
either Sec. Sec.  205.605 or 205.606.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding unmodified rice starch to the National List for use 
in organic handling as a non-organic agricultural ingredient where the 
organic form of unmodified rice starch is considered commercially 
unavailable for two years. In this open meeting, the NOSB evaluated 
unmodified rice starch against evaluation criteria established by 7 
U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on 
commercial availability, received public comment, and concluded that 
unmodified rice starch is consistent with OFPA evaluation criteria and 
NOP commercial availability criteria. Therefore, in response to the 
NOSB recommendation regarding the use of unmodified rice starch in 
organic handling, the Secretary proposes to amend Sec.  205.606 of the 
National List regulations to allow unmodified rice starch as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic'' for two years from May 
15, 2007.
    Sweet potato starch, for bean thread production only (no CAS 
). Sweet potato starch was petitioned for use only in the 
production of bean thread noodles as a non-organic agricultural 
ingredient in or on processed products labeled as ``organic.'' Sweet 
potato starch is used as an ingredient for use in the manufacture of 
bean thread noodles used in Asian cuisine. Its use in food products is 
regulated by FDA (21 CFR part 182). A primary purpose for adding sweet 
potato starch as an ingredient for bean thread noodle production is to 
provide texture and neutral flavor in noodle products. Many varieties 
of noodle products exist as a result of differences in processing, 
starch source and composition, and cultural cuisine preferences. In 
general, starches are produced by grinding a starch rich plant source 
followed by wet separation techniques. Dry starch is a white powder, 
with a neutral taste and flavor, and is relatively insoluble in cold 
water. Under suitable temperatures, starch can absorb a large volume of 
water and, depending upon its chemical composition (acetyl groups in 
the starch polysaccharide polymers), starch has a significant capacity 
to gel. Variations in starch gelling capacity contribute to variations 
in noodle product quality. Sweet potato starch is derived from sweet 
potatoes (Ipomea batatas), which can be grown in a variety of climates. 
Although there is significant organic sweet potato production, starch 
from organic sweet potatoes used for bean thread noodle products is 
considered to be limited due to a lack of available organic sweet 
potatoes to process for the sweet potato starch.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding sweet potato starch to the National List for use in 
organic handling for use in bean thread production only as a non-
organic agricultural ingredient where the organic form of sweet potato 
starch is considered commercially unavailable. In this open meeting, 
the NOSB evaluated sweet potato starch against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that sweet potato starch for use in bean thread noodle 
production only is consistent with OFPA evaluation criteria and NOP 
commercial availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of sweet potato starch for bean thread 
production only in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow sweet potato 
starch for use only in bean thread noodle production as a non-
organically produced agricultural product allowed as an ingredient in 
or on processed products labeled as ``organic.''
    Turkish bay leaves (no CAS ). Turkish bay leaves were 
petitioned for use as a non-organic agricultural ingredient in or on 
processed products labeled as ``organic.'' Turkish bay leaves are used 
as a flavor agent in a variety of foods such as vegetables, meats and 
soups. Its use as an ingredient in food products is regulated by FDA 
(21 CFR 182.10). Sourced from the Evergreen Bay Laurel tree grown in 
the Mediterranean region, Turkish bay leaves, after harvest, are dried 
under a specific process to enhance flavor and reduce bitterness. Dried 
bay leaves have lower concentrations of the bay leaf oil that provides 
the flavoring to foods. The leaf oil provides a sweet, lemony 
flavoring. Other varieties of Bay leaves

[[Page 27262]]

provide different flavor profiles that may be too bitter, astringent 
and pungent compared to Turkish bay leaves.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Turkish bay leaves to the National List for use in 
organic handling as a non-organic agricultural ingredient where the 
organic form of Turkish bay leaves is considered commercially 
unavailable. In this open meeting, the NOSB evaluated Turkish bay 
leaves against evaluation criteria established by 7 U.S.C. 6517 and 
6518 of the OFPA and NOP criteria (72 FR 2167) on commercial 
availability, received public comment, and concluded that Turkish bay 
leaves is consistent with OFPA evaluation criteria and NOP commercial 
availability criteria. Therefore, in response to the NOSB 
recommendation regarding the use of Turkish bay leaves in organic 
handling, the Secretary proposes to amend Sec.  205.606 of the National 
List regulations to allow Turkish bay leaves as a non-organically 
produced agricultural product allowed as an ingredient in or on 
processed products labeled as ``organic.''
    Wakame seaweed (Undaria pinnatifida) (no CAS ). Wakame 
seaweed was petitioned for use as a non-organic agricultural ingredient 
in or on processed products labeled as ``organic.'' Wakame seaweed is 
affirmed for use as an ingredient in Asian cuisine foods such as soups 
and salads. Its use in food products is regulated by FDA (21 CFR 
182.10). Wakame seaweed is harvested from the coasts of Japan, Korea 
and China. After harvest the seaweed is washed, rinsed with a salt 
solution to extend shelf life, cut and dried. As an ingredient, Wakame 
seaweed provides a unique flavor and texture to Asian foods. 
Substitution of other seaweed species provides a different texture and 
flavor profile to foods.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Wakame seaweed to the National List for use in 
organic handling as a non-organic agricultural ingredient where the 
organic form of Wakame seaweed is considered commercially unavailable. 
In this open meeting, the NOSB evaluated Wakame seaweed against 
evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA 
and NOP criteria (72 FR 2167) on commercial availability, received 
public comment, and concluded that Wakame seaweed is consistent with 
OFPA evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
Wakame seaweed in organic handling, the Secretary proposes to amend 
Sec.  205.606 of the National List regulations to allow Wakame seaweed 
as a non-organically produced agricultural product allowed as an 
ingredient in or on processed products labeled as ``organic.''
    Whey protein concentrate, (no CAS ). Whey protein 
concentrations of 35% and 80% was petitioned for use as a non-organic 
agricultural ingredient in or on processed products labeled as 
``organic.'' Whey protein concentrate is used as an ingredient in a 
variety of foods. Its use in food products is regulated by FDA (21 CFR 
184.1979c). A primary purpose for adding whey protein concentrate as an 
ingredient to foods is to provide texture and consistency to foods. 
Whey protein concentrate can be used as a fat replacer when added to 
foods as it mimics some properties of fat. Whey is a liquid by-product 
of cheese manufacture. Removing the water from whey provides powdered 
whey protein concentrate. Protein content of whey protein concentrate 
can vary from 25 percent to 89.9 percent protein with milk fat content 
of whey protein concentrate at or below 10 percent. Whey protein 
concentrate is a white to cream color powder with little or no flavor 
and a pH that cannot exceed 7.0. Organic cheese manufacturers 
reportedly divert whey by-product to more lucrative markets than 
currently exist with the manufacture of whey protein concentrate, thus 
availability of whey by-product from organic cheese processing is 
considered to be very limited.
    At its March 27-29, 2007, meeting in Washington, DC, the NOSB 
recommended adding Whey protein concentrate up to 80% to the National 
List for use in organic handling as a non-organic agricultural 
ingredient where the organic form of whey protein concentrate is 
considered commercially unavailable. In this open meeting, the NOSB 
evaluated whey protein concentrate against evaluation criteria 
established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 
FR 2167) on commercial availability, received public comment, and 
concluded that Whey protein concentrate is consistent with OFPA 
evaluation criteria and NOP commercial availability criteria. 
Therefore, in response to the NOSB recommendation regarding the use of 
whey protein concentrate in organic handling, the Secretary proposes to 
amend Sec.  205.606 of the National List regulations to allow whey 
protein concentrate as a non-organically produced agricultural product 
allowed as an ingredient in or on processed products labeled as 
``organic.''

III. Related Documents--FR Notices

    Two notices were published regarding the meetings of the NOSB and 
its deliberations on recommendations and substances petitioned for 
amending the National List. Substances and recommendations included in 
this proposed rule were announced for NOSB deliberation in the 
following Federal Register Notices: (1) 67 FR 19375, April 12, 2002, 
(Gelatin, Konjac flour, Orange shellac); (2) 72 FR 10971, March 12, 
2007, (Casings, Celery powder, Chia (Salvia hispanica L.), Colors--from 
agricultural products: Annatto extract; Beet juice; Beta-carotene 
extract; Purple carrot juice; Black currant juice; Blueberry juice; 
Carrot juice; Cherry juice; Chokeberry/Aronia juice; Elderberry juice; 
Grape juice; Grape skin extract; Paprika; Pumpkin juice; Purple potato 
juice; Red cabbage extract; Red radish extract; Saffron; Turmeric; 
Dillweed oil, Fish oil, Fructooligosaccharides, Galangal--frozen, Hops, 
Inulin--oligofructose enriched, Lemongrass--frozen, Pepper--chipotle 
chile, Rice starch, Sweet potato starch, Turkish bay leaves, Wakame 
seaweed (Undaria pinnatifida), and Whey protein concentrate).

IV. Statutory and Regulatory Authority

    The OFPA, as amended (7 U.S.C. 6501 et seq.), authorizes the 
Secretary to make amendments to the National List based on proposed 
amendments developed by the NOSB. Sections 6518(k)(2) and 6518(n) of 
OFPA authorize the NOSB to develop proposed amendments to the National 
List for submission to the Secretary and establish a petition process 
by which persons may petition the NOSB for the purpose of having 
substances evaluated for inclusion on or deletion from the National 
List. The National List petition process is implemented under Sec.  
205.607 of the NOP regulations. The current petition process (72 FR 
2167) can be accessed through the NOP website at http://www.ams.usda.gov/nop.

A. Executive Order 12866

    This action has been determined not significant for purposes of 
Executive Order 12866, and therefore, has not been reviewed by the 
Office of Management and Budget.

B. Executive Order 12988

    Executive Order 12988 instructs each executive agency to adhere to 
certain requirements in the development of new

[[Page 27263]]

and revised regulations in order to avoid unduly burdening the court 
system. This proposed rule is not intended to have a retroactive 
effect.
    States and local jurisdictions are preempted under section 6514 of 
the OFPA (7 U.S.C. 6514) from creating programs of accreditation for 
private persons or State officials who want to become certifying agents 
of organic farms or handling operations. A governing State official 
would have to apply to USDA to be accredited as a certifying agent, as 
described in section 6514(b) of the OFPA (7 U.S.C. 6514(b)). States are 
also preempted under sections 6503 through 6507 of the OFPA (7 U.S.C. 
6503 through 6507) from creating certification programs to certify 
organic farms or handling operations unless the State programs have 
been submitted to, and approved by, the Secretary as meeting the 
requirements of the OFPA.
    Pursuant to section 6507(b)(2) of the OFPA (7 U.S.C. 6507(b)(2)), a 
State organic certification program may contain additional requirements 
for the production and handling of organically produced agricultural 
products that are produced in the State and for the certification of 
organic farm and handling operations located within the State under 
certain circumstances. Such additional requirements must: (a) Further 
the purposes of the OFPA, (b) not be inconsistent with the OFPA, (c) 
not be discriminatory toward agricultural commodities organically 
produced in other States, and (d) not be effective until approved by 
the Secretary.
    Pursuant to section 6519(f) of the OFPA (7 U.S.C. 6519(f)), this 
proposed rule would not alter the authority of the Secretary under the 
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry 
Products Inspections Act (21 U.S.C. 451 et seq.), or the Egg Products 
Inspection Act (21 U.S.C. 1031 et seq.), concerning meat, poultry, and 
egg products, nor any of the authorities of the Secretary of Health and 
Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
301 et seq.), nor the authority of the Administrator of the 
Environmental Protection Agency (EPA) under the Federal Insecticide, 
Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.).
    Section 6520 of the OFPA (7 U.S.C. 6520) provides for the Secretary 
to establish an expedited administrative appeals procedure under which 
persons may appeal an action of the Secretary, the applicable governing 
State official, or a certifying agent under this title that adversely 
affects such person or is inconsistent with the organic certification 
program established under this title. The OFPA also provides that the 
U.S. District Court for the district in which a person is located has 
jurisdiction to review the Secretary's decision.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
requires agencies to consider the economic impact of each rule on small 
entities and evaluate alternatives that would accomplish the objectives 
of the rule without unduly burdening small entities or erecting 
barriers that would restrict their ability to compete in the market. 
The purpose is to fit regulatory actions to the scale of businesses 
subject to the action. Section 605 of the RFA allows an agency to 
certify a rule, in lieu of preparing an analysis, if the rulemaking is 
not expected to have a significant economic impact on a substantial 
number of small entities.
    Pursuant to the requirements set forth in the RFA, the Agricultural 
Marketing Service (AMS) performed an economic impact analysis on small 
entities in the final rule published in the Federal Register on 
December 21, 2000 (65 FR 80548). The AMS has also considered the 
economic impact of this action on small entities. The impact on 
entities affected by this proposed rule would not be significant. The 
effect of this proposed rule would be to allow the use of additional 
substances in agricultural production and handling. This action would 
modify the regulations to provide small entities with more tools to use 
in day-to-day operations. The AMS concludes that the economic impact of 
this addition of allowed substances, if any, would be minimal and 
entirely beneficial to small agricultural service firms. Accordingly, 
USDA certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.
    Small agricultural service firms, which include producers, 
handlers, and accredited certifying agents, have been defined by the 
Small Business Administration (SBA) (13 CFR 121.201) as those having 
annual receipts of less than $6,500,000 and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000. This proposed rule would have an impact on a substantial 
number of small entities.
    Based upon USDA's Economic Research Service and AMS data compiled 
between 2001 to 2005, the U.S. organic industry at the end of 2005 
included nearly 8,500 certified organic crop and livestock operations, 
plus more than 2,900 handling operations. Organic crop and livestock 
operations reported certified acreage totaling more than 4.05 million 
acres of organic farm production. Total number of organic crop and 
livestock operations increased by more than 18 percent from 2001 to 
2005, while total certified acreage more than doubled during this time 
period. AMS estimates that these trends continued through 2006 and will 
be higher in 2007.
    U.S. sales of organic food and beverages have grown from $1 billion 
in 1990 to an estimated $14 billion in 2006. Organic food sales are 
projected to reach $23.8 billion for 2010. The organic industry is 
viewed as the fastest growing sector of agriculture, currently 
representing 2 percent of overall food and beverage sales. Since 1990, 
organic retail sales have historically demonstrated a growth rate 
between 20 to 24 percent each year. This growth rate is projected to 
decline and fall to a rate of 5 to 10 percent in the future.
    In addition, USDA has accredited 99 certifying agents who have 
applied to USDA to be accredited in order to provide certification 
services to producers and handlers. A complete list of names and 
addresses of accredited certifying agents may be found on the AMS NOP 
web site, at http://www.ams.usda.gov/nop. AMS believes that most of 
these entities would be considered small entities under the criteria 
established by the SBA.

D. Paperwork Reduction Act

    Under the OFPA, no additional collection or recordkeeping 
requirements are imposed on the public by this proposed rule. 
Accordingly, OMB clearance is not required by section 350(h) of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq., or OMB's 
implementing regulation at 5 CFR part 1320.
    AMS is committed to compliance with the Government Paperwork 
Elimination Act (GPEA), which requires Government agencies in general 
to provide the public the option of submitting information or 
transacting business electronically to the maximum extent possible.

E. General Notice of Public Rulemaking

    This proposed rule reflects recommendations submitted to the 
Secretary by the NOSB. The 38 substances proposed to be added to the 
National List were based on petitions from the industry. The NOSB 
evaluated each petition using criteria in the OFPA and NOP criteria on 
commercially availability published in the Federal Register, (72 FR 
2167). Because these substances are critical to organic

[[Page 27264]]

production and handling operations, producers and handlers should be 
able to use them in their operations as soon as possible. A 7-day 
period for interested persons to comment on this rule is provided. 
Interested persons have already been provided with 30 days of public 
comment on these 38 substances in advance of the NOSB meetings held May 
6-8, 2002 and March 27-29, 2007. The NOSB considered these comments 
during their reviews and concluded that the petitioners had provided 
sufficient evidence for adding these 38 substances to the National 
List. Since many producers, handlers and certifying agents may have 
misinterpreted National List regulations Sec.  205.606 to mean that any 
non-organic agricultural product that was not commercially available in 
organic form could be used in organic products without being 
individually listed on the National List, these 38 substances currently 
are being used in organic products. These 38 substances will be 
prohibited for use in organic products beginning June 9, 2007, unless 
they are added to the National List. Loss of the use of any of these 
products would disrupt the trade of food products currently being 
labeled as ``organic''. Therefore, the continued allowed use of these 
products as ingredients in foods labeled as ``organic'' is necessary to 
prevent possible significant business disruption for organic producers 
and handlers. AMS believes that a 7-day period for interested persons 
to comment on this proposed rule is appropriate.

List of Subjects in 7 CFR Part 205

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

    For the reasons set forth in the preamble, 7 CFR part 205, Subpart 
G is proposed to be amended as follows:

PART 205--NATIONAL ORGANIC PROGRAM

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

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

    2. Section 205.606 is revised to read as follows:


Sec.  205.606  Nonorganically produced agricultural products allowed as 
ingredients in or on processed products labeled as ``organic.''

    Only the following nonorganically produced agricultural products 
may be used as ingredients in or on processed products labeled as 
``organic,'' only in accordance with any restrictions specified in this 
section, and only when the product is not commercially available in 
organic form.
    (a) Casings, from processed intestines.
    (b) Celery powder.
    (c) Chia (Salvia hispanica).
    (d) Colors derived from agricultural products.
    (1) Annatto extract (pigment CAS 1393-63-1)--water and oil 
soluble.
    (2) Beet juice (pigment CAS 7659-95-2).
    (3) Beta-carotene (CAS 1393-63-1) derived from carrots.
    (4) Black currant juice (pigment CAS 's: 528-58-5, 528-53-
0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (5) Black/Purple carrot juice (pigment CAS 's: 528-58-5, 
528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (6) Blueberry juice (pigment CAS 's: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (7) Carrot juice (pigment CAS 1393-63-1).
    (8) Cherry juice (pigment CAS 's: 528-58-5, 528-53-0, 643-
84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (9) Chokeberry--Aronia juice (pigment CAS 's: 528-58-5, 
528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (10) Elderberry juice (pigment CAS 's: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (11) Grape juice (pigment CAS 's: 528-58-5, 528-53-0, 643-
84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (12) Grape skin extract (pigment CAS 's: 528-58-5, 528-53-
0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (13) Paprika (CAS 68917-78-2)--dried, and oil extracted.
    (14) Pumpkin juice (pigment CAS 127-40-2).
    (15) Purple potato juice (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (16) Red cabbage extract (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (17) Red radish extract (pigment CAS 's: 528-58-5, 528-53-
0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3).
    (18) Saffron (pigment CAS 1393-63-1).
    (19) Turmeric (CAS 458-37-7).
    (e) Dillweed oil (CAS 8006-75-5).
    (f) Fish oil (Fatty acid CAS 's: 10417-94-4, and 25167-62-
8)--stabilized with organic ingredients or only with ingredients on the 
National List, Sec. Sec.  205.605 and 205.606.
    (g) Fructooligosaccharides (CAS 308066-66-2).
    (h) Galangal, frozen.
    (i) Gelatin (CAS 9000-70-8).
    (j) Gums--water extracted only (Arabic; Guar; Locust bean; and 
Carob bean).
    (k) Hops.
    (l) Inulin--oligofructose enriched (CAS 9005-80-5).
    (m) Kelp--for use only as a thickener and dietary supplement.
    (n) Konjac flour (CAS 37220-17-0).
    (o) Lecithin--unbleached.
    (p) Lemongrass--frozen.
    (q) Orange shellac--unbleached (CAS 9000-59-3).
    (r) Pectin (high-methoxy).
    (s) Peppers (Chipotle chile).
    (t) Starches.
    (1) Cornstarch (native).
    (2) Rice starch, unmodified (CAS 977000-08-0)--for use in 
organic handling until [date two years after effective date of final 
rule].
    (3) Sweet potato starch--for bean thread production only.
    (u) Turkish bay leaves.
    (v) Wakame seaweed (Undaria pinnatifada).
    (w) Whey protein concentrate.

    Dated: May 10, 2007.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 07-2388 Filed 5-10-07; 2:51 pm]
BILLING CODE 3410-02-P