[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35177-35178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14865]



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  Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules 
and Regulations  

[[Page 35177]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-15-0009; NOP-15-01]


National Organic Program: USDA Organic Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of 2015 Sunset Review.

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

SUMMARY: This document addresses the 2015 Sunset Review submitted to 
the Secretary of Agriculture (Secretary) through the Agricultural 
Marketing Service's (AMS) National Organic Program (NOP) by the 
National Organic Standards Board (NOSB) following the NOSB's May and 
October 2014 meetings. The 2015 Sunset Review pertains to the NOSB's 
review of the need for the continued allowance for seven substances on 
the U.S. Department of Agriculture's (USDA) National List of Allowed 
and Prohibited Substances (National List). Consistent with the NOSB's 
review, this publication provides notice on the renewal of three 
synthetic and two nonsynthetic substances on the National List, along 
with any restrictive annotations. For substances that have been renewed 
on the National List, this document completes the 2015 National List 
Sunset Process.

DATES: This document is effective June 22, 2015.

FOR FURTHER INFORMATION CONTACT: Requests for a copy of this document 
should be sent to Jennifer Tucker, Ph.D., Associate Deputy 
Administrator, National Organic Program, USDA-AMS-NOP, 1400 
Independence Ave. SW., Room 2646-S., Ag Stop 0268, Washington, DC 
20250-0268. Telephone: (202) 720-3252, email: 
[email protected] or by accessing the Web site at http://www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: The National Organic Program (NOP) is 
authorized by the Organic Foods Protection Act (OFPA) of 1990, as 
amended (7 U.S.C. 6501--6522). The USDA Agricultural Marketing Service 
(AMS) administers the NOP. Final regulations implementing the NOP, also 
referred to as the USDA organic regulations, were published December 
21, 2000 (65 FR 80548), and became effective on October 21, 2002. 
Through these regulations, the AMS oversees national standards for the 
production, handling, and labeling of organically produced agricultural 
products. Since becoming fully effective, the USDA organic regulations 
have been frequently amended, mostly for changes to the National List 
in 7 CFR 205.601-205.606.
    This National List identifies the synthetic substances that may be 
used and the nonsynthetic (natural) substances that may not be used in 
organic production. The National List also identifies synthetic, 
nonsynthetic nonagricultural, and nonorganic agricultural substances 
that may be used in organic handling. The OFPA and the USDA organic 
regulations, as indicated in Sec.  205.105, specifically prohibit the 
use of any synthetic substance in organic production and handling 
unless the synthetic substance is on the National List. Section 205.105 
also requires that any nonorganic agricultural substance, and any 
nonsynthetic nonagricultural substance used in organic handling appear 
on the National List.
    As stipulated by OFPA, recommendations to propose or amend the 
National List are developed by the 15 member NOSB, organized under the 
Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.) to assist in 
the evaluation of substances to be used or not used in organic 
production and handling, and to advise the Secretary on the USDA 
organic regulations. OFPA also requires a review of all substances 
included on the National List within 5 years of their addition to or 
renewal on the list. If a listed substance is not reviewed by NOSB and 
renewed by USDA within the five year period, its allowance or 
prohibition on the National List is no longer in effect. The NOSB 
sunset review includes considering any new information pertaining to a 
substance's impact on human health and the environment, its necessity, 
and its compatibility with organic production and handling.
    To implement the sunset review requirement, AMS initially published 
an advanced notice of proposed rulemaking on the National List sunset 
review process on June 17, 2005 (70 FR 35177). This document described 
the process used by the NOSB to complete their responsibility to review 
National List substances within the OFPA required five year period. 
Since announcing the first sunset review process, the NOSB and the USDA 
completed five separate sunset reviews in 2007 (72 FR 58469), 2008 (73 
FR 59479), 2011 (76 FR 46595), 2012 (77 FR 33290) and in 2013 (78 FR 
61154).
    AMS published a revised sunset review process in the Federal 
Register on September 16, 2013 (78 FR 56811). This provides public 
notice on the renewal of National List substances. This renewal occurs 
after the NOSB review.
    At its May and October 2014 meetings, the NOSB considered seven 
substances that were added to the National List in 2010. AMS has 
reviewed and accepted the NOSB sunset review and recommendations. 
Substances in Table 1 having final actions of ``renew'' will continue 
to be listed on the National List and will be included in the 2020 
sunset review.

[[Page 35178]]



            Table 1--Overview of Final Action for Sunset 2015
------------------------------------------------------------------------
    National list section         Substance listing        Final action
------------------------------------------------------------------------
     Synthetic substances allowed for use in organic crop production
------------------------------------------------------------------------
Sec.   205.601(a)(8)........  Sodium carbonate           Renew.
                               peroxyhydrate (CAS #-
                               15630-89-4)--Federal law
                               restricts the use of
                               this substance in food
                               crop production to
                               approved food uses
                               identified on the
                               product label.
Sec.   205.601(e)(2)........  Aqueous potassium          Renew.
                               silicate (CAS #-1312-76-
                               1)--the silica, used in
                               the manufacture of
                               potassium silicate, must
                               be sourced from
                               naturally occurring sand.
Sec.   205.601(i)(1)........  Aqueous potassium          Renew.
                               silicate (CAS #-1312-76-
                               1)--the silica, used in
                               the manufacture of
                               potassium silicate, must
                               be sourced from
                               naturally occurring sand.
Sec.   205.601(j)(9)........  Sulfurous acid (CAS #      Renew.
                               7782-99-2) for on-farm
                               generation of substance
                               utilizing 99% purity
                               elemental sulfur per
                               paragraph (j)(2) of this
                               section.
------------------------------------------------------------------------
 Nonagricultural (nonorganic) substances allowed as ingredients in or on
    processed products labeled as ``organic'' or ``made with organic
               (specified ingredients or food group(s)).''
------------------------------------------------------------------------
Sec.   205.605(a)...........  Gellan gum--(CAS # 71010-  Renew.
                               52-1)--high-acyl form
                               only.
------------------------------------------------------------------------
 Nonorganically produced agricultural products allowed as ingredients in
            or on processed products labeled as ``organic.''
------------------------------------------------------------------------
Sec.   205.606(w)...........  Tragacanth gum (CAS #-     Renew.
                               9000-65-1).
------------------------------------------------------------------------


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

Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-14865 Filed 6-18-15; 8:45 am]
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