[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12013-12016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4809]


 ========================================================================
 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / 
Notices  

[[Page 12013]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Document Number AMS-NOP-11-0014; NOP-11-05]


Notice of Meeting of the National Organic Standards Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, as 
amended, the Agricultural Marketing Service (AMS) is announcing a 
forthcoming meeting of the National Organic Standards Board (NOSB).

DATES: The meeting dates are Tuesday, April 26, 2011, 8 a.m. to 5:30 
p.m.; Wednesday, April 27, 2011, 8 a.m. to 5 p.m.; Thursday, April 28, 
2011, 8 a.m. to 5 p.m.; and Friday, April 29, 2011, 8 a.m. to 4:45 p.m. 
Pre-registration requests for public comments at the meeting are due by 
midnight Eastern Time on Sunday, April 10, 2011. Written comments 
received after April 10, 2011 may not be reviewed by the NOSB before 
the meeting.

ADDRESSES: The meeting will take place at the Red Lion Hotel on Fifth 
Avenue, 1415 5th Avenue, Seattle, WA 98101.
     View NOSB meeting agenda and draft recommendations at 
http://www.ams.usda.gov/nop. Requests for copies of these materials may 
be sent to Ms. Katherine Benham or Patricia Atkins, National Organic 
Standards Board, USDA-AMS-NOP, 1400 Independence Ave., SW., Room 2646-
So., Ag Stop 0268, Washington, DC 20250-0268; Phone: (202) 720-3252; 
[email protected].
     Submit written comments at http://www.ams.usda.gov/nosbseattle. Comments received after April 10, 2011 may not be reviewed 
by the NOSB before the meeting. Written comments may also be submitted 
via mail to Ms. Patricia Atkins, National Organic Standards Board, 
USDA-AMS-NOP, 1400 Independence Ave., SW., Room 2646-So., Ag Stop 0268, 
Washington, DC 20250-0268. It is our intention to have all comments--
whether they are submitted by mail or the Internet--available for 
viewing at http://www.ams.usda.gov/nosbseattle.
     Pre-register for a five-minute public comment slot at the 
meeting at http://www.ams.usda.gov/nosbseattleslots or by calling (202) 
720-3252.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine Benham or Patricia 
Atkins, National Organic Standards Board, USDA-AMS-NOP, 1400 
Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250-0268; Phone: (202) 720-3252; [email protected].

SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the Organic 
Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.) 
requires the establishment of the NOSB. The purpose of the NOSB is to 
make recommendations about whether a substance should be allowed or 
prohibited in organic production or handling, to assist in the 
development of standards for substances to be used in organic 
production, and to advise the Secretary on other aspects of the 
implementation of the OFPA. The NOSB met for the first time in 
Washington, DC, in March 1992, and currently has six subcommittees 
working on various aspects of the organic program. The committees are: 
Compliance, Accreditation, and Certification; Crops; Handling; 
Livestock; Materials; and Policy Development.
    In August of 1994, the NOSB provided its initial recommendations 
for the NOP to the Secretary of Agriculture. Since that time, the NOSB 
has submitted 239 addenda to its recommendations and reviewed more than 
361 substances for inclusion on the National List of Allowed and 
Prohibited Substances. The Department of Agriculture (USDA) published 
its final National Organic Program regulation in the Federal Register 
on December 21, 2000, (65 FR 80548). The rule became effective April 
21, 2001.
    In addition, the OFPA authorizes the National List of Allowed and 
Prohibited Substances and provides that no allowed or prohibited 
substance would remain on the National List for a period exceeding five 
years unless the exemption or prohibition is reviewed and recommended 
for renewal by the NOSB and adopted by the Secretary of Agriculture. 
This expiration is commonly referred to as sunset of the National List. 
The National List appears at 7 CFR part 205, subpart G.
    The principal purpose of NOSB meetings is to provide an opportunity 
for the organic community to weigh in on proposed NOSB recommendations 
and discussion items. These meetings also allow the NOSB to receive 
updates from the USDA/NOP on issues pertaining to organic agriculture.

Summary of October 2010 Meeting

    At the fall 2010 meeting in Madison, Wisconsin, the NOSB voted to 
renew 56 materials listings that were scheduled to sunset in 2012 (see 
Table 1). A combined 28 substances were deferred by the Crops and 
Handling Committees until the Spring 2011 NOSB meeting in Seattle, 
Washington.

               Table 1--Sunset 2012 Material Listings Voted To Be Relisted at October 2010 Meeting
----------------------------------------------------------------------------------------------------------------
                Section                              Material                         Expiration date
----------------------------------------------------------------------------------------------------------------
Sec.   205.601 Synthetic substances      EPA List 4-Inerts of Minimal     October 21, 2012.
 allowed for use in organic crop          Concern.
 production.
Sec.   205.602 Nonsynthetic substances   None                             ......................................
 prohibited for use in organic crop
 production.

[[Page 12014]]

 
Sec.   205.603 Synthetic substances      Ethanol........................  October 21, 2012.
 allowed for use in organic livestock    Isopropanol....................  October 21, 2012.
 production.                             Aspirin........................  October 21, 2012.
                                         Calcium hypochlorite...........  October 21, 2012.
                                         Chlorine dioxide...............  October 21, 2012.
                                         Sodium hypochlorite............  October 21, 2012.
                                         Furosemide.....................  December 13, 2012.
                                         Glucose........................  October 21, 2012.
                                         Glycerine......................  October 21, 2012.
                                         Magnesium sulfate..............  October 21, 2012.
                                         Copper sulfate.................  October 21, 2012.
                                         EPA List 4-Inerts of Minimal     October 21, 2012.
                                          Concern.
Sec.   205.604 Nonsynthetic substances   None                             ......................................
 prohibited for use in organic
 livestock production.
Sec.   205.605(a) Nonsynthetic           Flavors........................  October 21, 2012.
 substances allowed as ingredients in    Magnesium sulfate..............  October 21, 2012.
 or on processed products labeled as     Yeast autolysate...............  October 21, 2012.
 ``organic'' or ``made with organic.     Bakers yeast...................  October 21, 2012.
                                         Brewers yeast..................  October 21, 2012.
                                         Nutritional yeast..............  October 21, 2012.
                                         Smoked yeast...................  October 21, 2012.
Sec.   205.605(b) Synthetic substances   Calcium hypochlorite...........  October 21, 2012.
 allowed as ingredients in or on         Chlorine dioxide...............  October 21, 2012.
 processed products labeled as           Sodium hypochlorite............  October 21, 2012.
 ``organic'' or ``made with organic.''   Ferrous sulfate................  October 21, 2012.
                                         Pectin (low-methoxy)...........  October 21, 2012.
                                         Phosphoric acid................  October 21, 2012.
                                         Silicon dioxide................  October 21, 2012.
                                         Sodium citrate.................  October 21, 2012.
                                         Sodium hydroxide...............  October 21, 2012.
                                         Sodium phosphates..............  October 21, 2012.
                                         Sulfur dioxide.................  October 21, 2012.
Sec.   205.606 Nonorganically produced   Annatto extract color (pigment   June 27, 2012.
 agricultural products allowed as         CAS  1393-63-1)--
 ingredients in or on processed           water and oil soluble.
 products labeled as ``organic.''
                                         Beet juice extract color         June 27, 2012.
                                          (pigment CAS  7659-95-
                                          2).
                                         Beta-carotene extract color      June 27, 2012.
                                          from carrots (CAS 
                                          1393-63-1).
                                         Black currant juice color        June 27, 2012.
                                          (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  June 27, 2012.
                                          (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 (pigment   June 27, 2012.
                                          CAS 's: 528-58-5, 528-
                                          53-0, 643-84-5, 134-01-0, 1429-
                                          30-7, and 134-04-3).
                                         Carrot juice color (pigment CAS  June 27, 2012.
                                           1393-63-1).
                                         Cherry juice color (pigment CAS  June 27, 2012.
                                          's: 528-58-5, 528-53-
                                          0, 643-84-5, 134-01-0, 1429-30-
                                          7, and 134-04-3).
                                         Chokeberry--Aronia juice color   June 27, 2012.
                                          (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 (pigment  June 27, 2012.
                                          CAS 's: 528-58-5, 528-
                                          53-0, 643-84-5, 134-01-0, 1429-
                                          30-7, and 134-04-3).
                                         Grape juice color (pigment CAS   June 27, 2012.
                                          's: 528-58-5, 528-53-
                                          0, 643-84-5, 134-01-0, 1429-30-
                                          7, and 134-04-3).
                                         Grape skin extract color         June 27, 2012.
                                          (pigment CAS 's: 528-
                                          58-5, 528-53-0, 643-84-5, 134-
                                          01-0, 1429-30-7, and 134-04-3).
                                         Paprika color--dried powder and  June 27, 2012.
                                          vegetable oil extract (CAS
                                           68917-78-2).
                                         Pumpkin juice color (pigment     June 27, 2012.
                                          CAS  127-40-2).
                                         Purple potato juice color        June 27, 2012.
                                          (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        June 27, 2012.
                                          (pigment CAS 's: 528-
                                          58-5, 528-53-0, 643-84-5, 134-
                                          01-0, 1429-30-7, and 134-04-3).

[[Page 12015]]

 
                                         Red radish extract color         June 27, 2012.
                                          (pigment CAS 's 528-
                                          58-5, 528-53-0, 643-84-5, 134-
                                          01-0, 1429-30-7, and 134-04-3).
                                         Saffron extract color (pigment   June 27, 2012.
                                          CAS  1393-63-1).
                                         Turmeric extract color (CAS      June 27, 2012.
                                           458-37-7).
                                         Fructo-oligosaccharides          June 27, 2012.
                                          (CAS308066-66-2).
                                         Hops (humulus lupulus).........  June 27, 2012.
                                         Inulin, oligofructose enriched   June 27, 2012.
                                          (CAS  9005-80-5).
                                         Pectin (high-methoxy)..........  October 21, 2012.
                                         Cornstarch (native)............  October 21, 2012.
                                         Whey protein...................  June 27, 2012.
----------------------------------------------------------------------------------------------------------------

    The NOSB also voted against listing three materials petitioned for 
use in organic crop production: ethylene glycol, tall oils, and 
tetramethyl-decyne-diol. The NOSB voted to list formic acid on Sec.  
205.603 as a parasiticide for use in honeybee hives. Additionally, the 
board voted to reaffirm their prior Sunset 2012 recommendations from 
the April 2010 meeting.
    In addition to their review of materials, the NOSB also passed 
multiple recommendations that would: define organic apiculture 
standards, clarify Sec.  205.238(c)(2) to promote the humane treatment 
of animals during routine care, define engineered nanomaterials and 
prohibit their use in organic agriculture, and clarify Sec.  205.101(b) 
to reduce mislabeling in the organic marketplace. The NOSB also voted 
to update their New Member Guide and three sections of their Policy and 
Procedures Manual: Section IV, establishing ad-hoc committees; Section 
V, outlining the scope of NOP/NOSB Collaboration; and Section VII, 
allowing annotation changes during Sunset Review under certain 
circumstances.

Spring 2011 Meeting Agenda Items

    The Crops Committee will present recommendations on the remaining 
22 material listings scheduled to sunset in 2012 (see Table 2). The 
Crops Committee will also present recommendations to the board on two 
petitioned materials: nickel and tetracycline. Other Crops Committee 
recommendations include a recommendation on the classification of corn 
steep liquor and a response to the National Organic Program's request 
on sodium nitrate.

            Table 2--Crops Substances Scheduled To Sunset in 2012 and Be Addressed at Spring Meeting
----------------------------------------------------------------------------------------------------------------
                Section                              Material                         Expiration date
----------------------------------------------------------------------------------------------------------------
Sec.   205.601 Synthetic substances      Ethanol........................  October 21, 2012.
 allowed for use in organic crop         Isopropanol....................  October 21, 2012.
 production.                             Newspapers or other recycled     October 21, 2012.
                                          paper, without glossy or        October 21, 2012.
                                          colored inks.                   October 21, 2012.
                                         Plastic mulch and covers.......  October 21, 2012.
                                         Newspapers or other recycled     October 21, 2012.
                                          paper, without glossy or        October 21, 2012.
                                          colored inks.                   October 21, 2012.
                                         Pheromones.....................  October 21, 2012.
                                         Sulfur dioxide.................  October 21, 2012.
                                         Vitamin D3.....................  October 21, 2012.
                                         Streptomycin...................  October 21, 2012.
                                         Lignin sulfonate...............  October 21, 2012.
                                         Magnesium sulfate..............  October 21, 2012.
                                         Ethylene gas...................  October 21, 2012.
                                         Lignin sulfonate...............  October 21, 2012.
                                         Sodium silicate................  October 21, 2012.
                                         Calcium hypochlorite...........  October 21, 2012.
                                         Chlorine dioxide...............  October 21, 2012.
                                         Sodium hypochlorite............  October 21, 2012.
                                         Copper hydroxide...............
                                         Copper oxide...................
                                         Copper oxychloride.............
                                         Copper sulfate.................
Sec.   205.602 Nonsynthetic substances   Sodium nitrate.................  October 21, 2012.
 prohibited for use in organic crop
 production.
----------------------------------------------------------------------------------------------------------------

    The Livestock Committee will present two recommendations on animal 
welfare: Stocking rates and animal handling, transit, and slaughter. 
They will also have a discussion document on omnivorous diets for 
poultry.
    The Handling Committee will present recommendations on the 
remaining six material listings scheduled to sunset in 2012 (see Table 
3). The Handling Committee will also present recommendations to the 
board on four petitioned materials: attapulgite, calcium acid 
pyrophosphate, silicon dioxide, and sodium acid pyrophosphate. Other 
Handling Committee recommendations include a recommendation on nutrient 
vitamins and minerals and amending the chlorine materials annotation.

[[Page 12016]]



           Table 3--Handling Substances Scheduled To Sunset in 2012 and Be Addressed at Spring Meeting
----------------------------------------------------------------------------------------------------------------
                Section                              Material                         Expiration date
----------------------------------------------------------------------------------------------------------------
Sec.   205.605(a) Nonsynthetic           Enzymes........................  October 21, 2012.
 substances allowed as ingredients in    Potassium iodide...............  October 21, 2012.
 or on processed products labeled as
 ``organic'' or ``made with organic.''
Sec.   205.605(b) Synthetic substances   Nutrient vitamins..............  October 21, 2012.
 allowed as ingredients in or on         Nutrient minerals..............  October 21, 2012.
 processed products labeled as           Potassium iodide...............  October 21, 2012.
 ``organic'' or ``made with organic.''   Tocopherols....................  October 21, 2012.
----------------------------------------------------------------------------------------------------------------

    The Materials Committee will present a guidance document on 
materials classification.
    The Compliance, Accreditation, and Certification Committee will 
present a discussion document on the evaluation of material review 
organizations.
    The Policy Development Committee will present recommendations on 
three sections of the NOSB Policy and Procedures Manual: Sections III & 
IV: Review of Vice Chair & Policy Development Committee Roles; Section 
IV: Clarification of Committee Purview; and Section V: NOSB Member and 
Leadership Transition.
    The Meeting Is Open to the Public. The NOSB has scheduled time for 
public input for Tuesday, April 26, 2011, from 10 a.m. to 5:30 p.m. and 
Thursday, April 28, 2011 from 8 a.m. to 5 p.m. Individuals and 
organizations wishing to make oral presentations at the meeting are 
requested to reserve a slot electronically via http://www.ams.usda.gov/nosbseattleslots or by calling (202) 720-3252. Individuals or 
organizations will be given one five-minute slot to present their 
views. All persons making oral presentations are requested to provide 
their comments in writing and indicate the topic of their comment, 
referencing specific NOSB recommendations/topics or noting if they plan 
to cover multiple topics. Written submissions may contain information 
other than that presented at the oral presentation. Anyone may submit 
written comments at the meeting. Persons submitting written comments 
are asked to provide sixteen copies.
    Interested persons may visit http://www.ams.usda.gov to view 
available meeting documents prior to the meeting and submit and/or view 
comments.

    Dated: February 25, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-4809 Filed 3-3-11; 8:45 am]
BILLING CODE 3410-02-P