[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8821-8822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03808]



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  Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / 
Rules and Regulations  

[[Page 8821]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-16-0001; NOP-15-13]


National Organic Program: USDA Organic Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of 2016 Sunset Review.

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

SUMMARY: This document addresses the 2016 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 October 
2014 and April 2015 meetings. The 2016 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 
five 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 2016 National 
List Sunset Process.

DATES: This document is effective September 12, 2016.

FOR FURTHER INFORMATION CONTACT: Requests for a copy of this document 
should be sent to Robert Pooler, Standards Division, National Organic 
Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-S., Ag 
Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252. Email: 
[email protected].

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 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 NOSB, operating in accordance with 
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.
    AMS published a revised sunset review process in the Federal 
Register on September 16, 2013 (78 FR 56811). This revised process 
provides public notice on the renewal of National List substances. This 
renewal occurs after the NOSB review.
    At its October 2014, and April 2015 public meetings, the NOSB 
considered seven substances that were added to or continued on the 
National List after sunset review in 2011. 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 their next sunset review 
(Sunset Review 2021).

            Table 1--Overview of Final Action for Sunset 2016
------------------------------------------------------------------------
   National List section       Substance listing        Final action
------------------------------------------------------------------------
     Synthetic substances allowed for use in organic crop production
------------------------------------------------------------------------
Sec.   205.601(h)..........  As slug or snail       Renew.
                              bait. Ferric
                              phosphate (CAS #
                              10045-86-0).
Sec.   205.601(n)..........  Seed preparations.     Renew.
                              Hydrogen chloride
                              (CAS # 7647-01-0)--
                              for delinting cotton
                              seed for planting.
------------------------------------------------------------------------

[[Page 8822]]

 
 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)..........  L--malic acid (CAS #   Renew.
                              97-67-6).
Sec.   205.605(a)..........  Microorganisms--any    Renew.
                              food grade bacteria,
                              fungi, and other
                              microorganism.
Sec.   205.605(b)..........  Activated charcoal     Renew.
                              (CAS #s 7440-44-0;
                              64365-11-3)--only
                              from vegetative
                              sources; for use
                              only as a filtering
                              aid.
Sec.   205.605(b)..........  Peracetic acid/        Renew.
                              Peroxyacetic acid
                              (CAS # 79-21-0)--for
                              use in wash and/or
                              rinse water
                              according to FDA
                              limitations. For use
                              as a sanitizer on
                              food contact
                              surfaces.
Sec.   205.605(b)..........  Sodium acid            Renew.
                              pyrophosphate (CAS #
                              7758-16-9)--for use
                              only as a leavening
                              agent.
------------------------------------------------------------------------


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

    Dated: February 18, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-03808 Filed 2-22-16; 8:45 am]
BILLING CODE 3410-02-P