[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Rules and Regulations]
[Pages 27105-27106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09007]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 89 / Thursday, May 7, 2020 / Rules 
and Regulations  

[[Page 27105]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-20-0002; NOP-20-01]


National Organic Program: USDA Organic Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: 2020 sunset review and substance renewals.

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SUMMARY: This document announces the renewal of substances listed on 
the National List of Allowed and Prohibited Substances (National List) 
within the U.S. Department of Agriculture's (USDA) organic regulations. 
This document reflects the outcome of the 2020 sunset review process 
and addresses recommendations submitted to the Secretary of Agriculture 
(Secretary), through the USDA's Agricultural Marketing Service (AMS), 
by the National Organic Standards Board (NOSB).

DATES: This action is effective June 22, 2020.

FOR FURTHER INFORMATION CONTACT: Shannon Nally Yanessa, Standards 
Division, Telephone: (202) 720-3252; Fax: (202) 260-9151.

SUPPLEMENTARY INFORMATION:

I. Background

    USDA AMS administers the National Organic Program (NOP) under the 
authority of the Organic Foods Production Act of 1990 (OFPA), as 
amended (7 U.S.C. 6501-6524). The regulations implementing the NOP, 
also referred to as the USDA organic regulations (7 CFR part 205), were 
published on December 21, 2000 (65 FR 80548) and became effective on 
October 21, 2002. Through these regulations, AMS oversees national 
organic standards for the production, handling, and labeling of 
organically produced agricultural products. Since October 2002, the 
USDA organic regulations have been frequently amended, mostly for 
changes to the National List in 7 CFR 205.601 through 606.
    The National List identifies the synthetic substances allowed to be 
used and the nonsynthetic substances prohibited from use in organic 
farming. The National List also identifies synthetic and nonsynthetic 
nonagricultural substances, and nonorganic agricultural substances that 
may be used in organic handling. The OFPA and USDA organic regulations 
specifically prohibit the use of any synthetic substance in organic 
production and handling unless an exemption for using the synthetic 
substance is provided on the National List. Section 205.105 of the USDA 
organic regulations also requires that any nonorganic agricultural 
substance and any nonagricultural substance used in organic handling be 
listed as allowed on the National List.
    The OFPA at 7 U.S.C. 6518 authorizes the NOSB, operating in 
accordance with the Federal Advisory Committee Act (Sec.  [thinsp]1 et 
seq., 5 U.S.C. App.2), to assist in evaluating substances to be allowed 
or prohibited for organic production and handling and to advise the 
Secretary on the USDA organic regulations. The OFPA sunset provision (7 
U.S.C. 6517(e)) also requires a review of all substances included on 
the National List within five years of their addition to or renewal on 
the list. During this sunset review, the NOSB considers any new 
information pertaining to a substance's impact on human health and the 
environment, its necessity due to the unavailability of wholly natural 
substances, and its consistency with organic production and handling. 
The NOSB subsequently votes to remove a substance allowance or 
prohibition from the National List.
    The Agricultural Improvement Act of 2018 amended the OFPA at 7 
U.S.C. 6518(i)(2) to specify that any vote on a motion proposing to 
amend the National List requires \2/3\ of the votes cast at a meeting 
of the NOSB at which a quorum is present to prevail. A substance 
remains listed on the National List unless an NOSB motion to remove 
that substance carries with \2/3\ of votes cast, and the Secretary 
subsequently renews or amends the listing for the substance. The NOSB 
submits its sunset review and recommendations to the Secretary. As 
delegated by the Secretary, AMS evaluates the sunset review and 
recommendations for compliance with the National List substance 
evaluation criteria set forth in the OFPA at 7 U.S.C. 6518(m) and other 
federal statutes or regulations. AMS also considers public comments 
submitted in association with a specific sunset review process.
    AMS published an updated sunset review process in the Federal 
Register on September 16, 2013 (78 FR 56811).\1\ In accordance with the 
sunset review process, AMS published two notices in the Federal 
Register announcing the NOSB meetings on April 25-27, 2018, and October 
24-26, 2018, and inviting public comments on the 2020 sunset review 
process (January 17, 2018 (83 FR 2373) \2\ and August 9, 2018 (83 FR 
39376)).\3\ AMS also hosted two public webinars (April 17 and 19, 2018, 
and October 16 and 18, 2018) to provide additional opportunities for 
public comment. The NOSB received additional comment during the public 
meetings. At these public meetings, the NOSB reviewed substance 
listings scheduled to sunset from the National List and concluded that 
these listings should not be removed. Table 1 shows the current 
listings for these substances.
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    \1\ https://www.federalregister.gov/documents/2013/09/16/2013-22388/national-organic-program-sunset-process.
    \2\ https://www.federalregister.gov/documents/2018/01/17/2017-28170/meeting-of-the-national-organic-standards-board.
    \3\ https://www.federalregister.gov/documents/2018/08/09/2018-16386/meeting-of-the-national-organic-standards-board.
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    AMS has reviewed and accepted the NOSB's 2020 sunset review 
recommendations and is renewing the listings of these substances until 
2025.\4\ AMS has determined that the substance allowances listed in 
this notice continue to be necessary for organic production and/or 
organic handling because of the unavailability of organic forms or 
wholly natural substitutes for the specified uses (Sec.  
6517(c)(1)(A)(ii)). The renewal of these substance allowances will 
avoid potential disruptions to the organic industry and consumers that 
may otherwise result from removal from the National List. AMS also has 
determined that the prohibited nonsynthetic substance listed in this

[[Page 27106]]

notice should remain prohibited because use of this substance would be 
inconsistent with organic production (Sec.  6517(c)(2)(A)(ii)).
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    \4\ National List Sunset Dates, NOP 5611, https://www.ams.usda.gov/sites/default/files/media/NOP-SunsetDates.pdf.

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    The NOSB also reviewed and subsequently recommended to the 
Secretary the removal of sucrose octanoate esters (Sec.  205.601 and 
Sec.  205.603). AMS is reviewing the NOSB recommendations to remove 
this substance from the National List. Any removals from the National 
List would be addressed in a separate notice and comment rulemaking.
    Table 1 lists the substance exemptions being renewed through this 
document. These specific substance allowances and prohibitions continue 
as listed on the National List with a new sunset date of June 22, 2025.

     Table 1--National List Substances Renewed in 2020 Sunset Review
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               Substance                          Use conditions
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Sec.   205.601 Synthetic substances
 allowed for use in organic crop
 production.
Alcohols: Ethanol, Isopropanol.........  As described under Sec.
                                          [thinsp]205.601(a)(1)(i) and
                                          (ii).
Sodium carbonate peroxyhydrate.........  As described under Sec.
                                          205.601(a)(8).
Mulches: Newspaper or other recycled     As described under Sec.
 paper, Plastic mulch and covers.         205.601(b)(2)(i) and (ii).
Compost feedstocks: Newspaper or other   As described under Sec.
 recycled paper.                          205.601(c).
Insecticides: Aqueous potassium          As described under Sec.
 silicate, Elemental sulfur, Lime         205.601(e)(2), (5) and (6).
 sulfur.
Plant disease control: Aqueous           As described under Sec.
 potassium silicate, Hydrated lime,       205.601(i)(1), (4), (6) and
 Lime sulfur, Elemental Sulfur.           (10).
Plant or soil amendments: Elemental      As described under Sec.
 sulfur, Liquid fish products,            205.601(j)(2), (8) and (11).
 Sulfurous acid.
Plant growth regulators: Ethylene gas..  As described under Sec.
                                          205.601(k).
Production aids: Microcrystalline        As described under Sec.
 cheesewax.                               205.601(o).
Sec.   205.602 Nonsynthetic substances
 prohibited for use in organic crop
 production.
Potassium chloride.....................  As described under Sec.
                                          205.602(e).
Sec.   205.603 Synthetic substances
 allowed for use in organic livestock
 production.
Alcohols: Ethanol, Isopropanol.........  As described under Sec.
                                          205.603(a)(1)(i) and (ii).
Aspirin................................  As described under Sec.
                                          205.603(a)(2).
Biologics..............................  As described under Sec.
                                          205.603(a)(4).
Electrolytes...........................  As described under Sec.
                                          205.603(a)(11).
Glycerin...............................  As described under Sec.
                                          205.603(a)(14).
Phosphoric acid........................  As described under Sec.
                                          205.603(a)(25).
Hydrated lime..........................  As described under Sec.
                                          205.603(b)(6).
Mineral oil............................  As described under Sec.
                                          205.603(a)(7).
Sec.   205.605 Nonagricultural
 (nonorganic) substances allowed as
 ingredients in or on processed
 products labeled as ``organic'' or
 ``made with organic (specified
 ingredients or food group(s))''.
Calcium carbonate......................  As described under Sec.
                                          205.605(a).
Flavors................................  As described under Sec.
                                          205.605(a).
Gellan gum.............................  As described under Sec.
                                          205.605(a).
Oxygen.................................  As described under Sec.
                                          205.605(a).
Potassium chloride.....................  As described under Sec.
                                          205.605(a).
Alginates..............................  As described under Sec.
                                          205.605(b).
Calcium hydroxide......................  As described under Sec.
                                          205.605(b).
Ethylene...............................  As described under Sec.
                                          205.605(b).
Glycerides.............................  As described under Sec.
                                          205.605(b).
Magnesium stearate.....................  As described under Sec.
                                          205.605(b).
Phosphoric acid........................  As described under Sec.
                                          205.605(b).
Potassium carbonate....................  As described under Sec.
                                          205.605(b).
Sulfur dioxide.........................  As described under Sec.
                                          205.605(b).
Xanthan gum............................  As described under Sec.
                                          205.605(b).
Sec.   205.606 Nonorganically produced
 agricultural products allowed as
 ingredients in or on processed
 products labeled as ``organic.''
Fructooligosaccharides.................  As described under Sec.
                                          205.606(f).
Gums...................................  As described under Sec.
                                          205.606(i).
Lecithin...............................  As described under Sec.
                                          205.606(m).
Tragacanth gum.........................  As described under Sec.
                                          205.606(t).
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    Authority:  7 U.S.C. 6501-6524.

Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-09007 Filed 5-6-20; 8:45 am]
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