[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22893-22895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07886]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules 
and Regulations  

[[Page 22893]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. No. AMS-NOP-22-0002]


National Organic Program: 2023 and 2024 Sunset Review and 
Substance Renewals

AGENCY: Agricultural Marketing Service, USDA.

ACTION: 2023 and 2024 sunset review and renewals.

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

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 2023 and 2024 sunset review 
processes 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: Applicable May 29, 2023.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2000, the Secretary established the Agricultural 
Marketing Service's (AMS) National Organic Program (NOP) and the USDA 
organic regulations (65 FR 80547, December 21, 2000). Within the USDA 
organic regulations (7 CFR part 205) is the National List of Allowed 
and Prohibited Substances (or ``National List''). The National List 
identifies the synthetic substances that may be used and the 
nonsynthetic (natural) substances that may not be used in organic crop 
and livestock production. It also identifies the nonorganic substances 
that may be used in or on processed organic products.
    The Organic Foods Production Act of 1990 (OFPA), as amended (7 
U.S.C. 6501-6524), and the USDA organic regulations specifically 
prohibit the use of any synthetic substance in organic production and 
handling unless the synthetic substance is on the National List 
(Sec. Sec.  205.601, 205.603 and 205.605(b)). Section 205.105 also 
requires that any nonorganic agricultural substance and any 
nonsynthetic nonagricultural substance used in organic handling be on 
the National List (Sec. Sec.  205.605(a) and 205.606).
    The OFPA at 7 U.S.C. 6518 authorizes the NOSB, operating in 
accordance with the Federal Advisory Committee Act (section 1 et seq., 
5 U.S.C. App.2), to evaluate substances 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)) requires review of all 
substances included on the National List within five years of their 
addition to or renewal on the list.
    As required in OFPA, the NOSB considered any new information about 
a substance's impact on human health and the environment, its 
necessity, and its consistency with organic production and handling. 
The NOSB then voted on whether to remove the substance from the 
National List, with a \2/3\ majority needed to recommend removal of a 
substance.
    As delegated by the Secretary, AMS evaluates the NOSB's reviews and 
recommendations for compliance with the National List substance 
evaluation criteria 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 the sunset review process, as described in the 
notice published on September 16, 2013 (78 FR 56811).
    AMS published notices in the Federal Register announcing the NOSB 
meetings (Spring 2021 & 2022 and Fall 2021 & 2022) and invited public 
comments on the 2023 and 2024 sunset review of the substances included 
in the tables below. AMS also hosted public webinars prior to these 
NOSB meetings to provide additional opportunities for public comment. 
At these public meetings, the NOSB reviewed substances scheduled to 
sunset from the National List and recommended that they either be 
removed or remain on the National List.
    AMS has reviewed and accepted all NOSB sunset review 
recommendations for substances with sunset dates in 2023 and 2024. AMS 
is renewing the listings of these substances until 2028 and 2029, 
respectively.\1\ AMS determined that the substance allowances listed in 
this notice are still necessary because of the unavailability of 
organic forms or wholly natural substitutes for the specified uses 
(section 6517(c)(1)(A)(ii)). The renewal of these substances will avoid 
potential disruptions to the organic industry that may otherwise result 
from removal from the National List. AMS also has determined that the 
prohibited nonsynthetic substances listed in this notice should remain 
prohibited because their use remains inconsistent with organic 
production (section 6517(c)(2)(A)(ii)).
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    \1\ National Organic Program, National List Sunset Dates, March 
23, 2022, https://www.ams.usda.gov/sites/default/files/media/NOP-SunsetDates.pdf.
---------------------------------------------------------------------------

    In 2016, the NOSB passed a proposal to redistribute material 
reviews across several years. Because most materials were added to the 
National List when the organic regulations published, the majority of 
sunset reviews occurred in the same year. This resulted in an 
inefficient use of resources and time. To adjust this, the NOSB and NOP 
redistributed the National List substances more evenly over a five-year 
span. To maintain this distribution, some substances in this notice 
will have a sunset date less than five years from their current date. 
This document covers the last year of this redistribution.\2\
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    \2\ National Organic Standards Board, formal recommendation, 
sunset review efficient work load reorganization, November 18, 2016, 
https://www.ams.usda.gov/sites/default/files/media/PDSSunsetreorg.pdf.
---------------------------------------------------------------------------

    In addition to the substances in the tables below, this document 
renews beta-carotene extract color, included on the National List at 
Sec.  205.606(d)(2). This substance currently has a sunset date of May 
29, 2023, but was reviewed early by the NOSB in 2020 along with the 
other allowed agricultural, non-organic colors. AMS discussed these 
meetings and renewals in the 2021 and 2022 sunset renewals (August 3, 
2021; 86 FR 41699). This document renews beta-carotene extract color 
and establishes a

[[Page 22894]]

new sunset date for this substance of March 15, 2027, to match the 
sunset dates of the other colors.
    The following tables list specific substance allowances and 
prohibitions renewed by this notice.

      Table 1--National List Substances Renewed Until May 29, 2028
------------------------------------------------------------------------
                 Substance                         Use conditions
------------------------------------------------------------------------
Sec.   205.601 Synthetic substances
 allowed for use in organic crop
 production.
    Calcium hypochlorite..................  As described under Sec.
                                             205.601(a)(2)(i).
    Chlorine dioxide......................  As described under Sec.
                                             205.601(a)(2)(ii).
    Hypochlorous acid--generated from       As described under Sec.
     electrolyzed water.                     205.601(a)(2)(iii).
    Sodium hypochlorite...................  As described under Sec.
                                             205.601(a)(2)(v).
    Copper sulfate........................  As described under Sec.
                                             205.601(a)(3).
    Ozone gas.............................  As described under Sec.
                                             205.601(a)(5).
    Peracetic acid........................  As described under Sec.
                                             205.601(a)(6).
    Copper sulfate........................  As described under Sec.
                                             205.601(e)(4).
    Magnesium oxide.......................  As described under Sec.
                                             205.601(j)(5).
    Peracetic acid........................  As described under Sec.
                                             205.601(i)(8).
    EPA List 3--Inerts of unknown toxicity  As described under Sec.
                                             205.601(m)(2).
Sec.   205.602 Nonsynthetic substances
 prohibited for use in organic crop
 production.
    Calcium chloride......................  As described under Sec.
                                             205.602(c).
    Rotenone..............................  As described under Sec.
                                             205.602(f).
Sec.   205.603 Synthetic substances
 allowed for use in organic livestock
 production.
    Activated Charcoal....................  As described under Sec.
                                             205.603(a)(6).
    Calcium borogluconate.................  As described under Sec.
                                             205.603(a)(7).
    Calcium propionate....................  As described under Sec.
                                             205.603(a)(8).
    Calcium hypochlorite..................  As described under Sec.
                                             205.603(a)(10)(i).
    Chlorine dioxide......................  As described under Sec.
                                             205.603(a)(10)(ii).
    Hypochlorous acid--generated from       As described under Sec.
     electrolyzed water.                     205.603(a)(10)(iii).
    Sodium hypochlorite...................  As described under Sec.
                                             205.603(a)(10)(iv).
    Kaolin pectin.........................  As described under Sec.
                                             205.603(a)(17).
    Mineral oil...........................  As described under Sec.
                                             205.603(a)(20).
    Nutritive supplements.................  As described under Sec.
                                             205.603(a)(21).
    Propylene glycol......................  As described under Sec.
                                             205.603(a)(27).
    Sodium chlorite, acidified............  As described under Sec.
                                             205.603(a)(28).
    Sodium chlorite, acidified............  As described under Sec.
                                             205.603(b)(9).
    Zinc sulfate..........................  As described under Sec.
                                             205.603(b)(11).
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)).''
    Agar-agar.............................  As described under Sec.
                                             205.605(a)(2).
    Animal enzymes........................  As described under Sec.
                                             205.605(a)(3).
    Calcium sulfate--mined................  As described under Sec.
                                             205.605(a)(8).
    Carrageenan...........................  As described under Sec.
                                             205.605(a)(9).
    Glucono delta-lactone.................  As described under Sec.
                                             205.605(a)(14).
    Tartaric acid.........................  As described under Sec.
                                             205.605(a)(28).
    Cellulose.............................  As described under Sec.
                                             205.605(b)(11).
    Calcium hypochlorite..................  As described under Sec.
                                             205.605(b)(12)(i).
    Chlorine dioxide......................  As described under Sec.
                                             205.605(b)(12)(ii).
    Hypochlorous acid--generated from       As described under Sec.
     electrolyzed water.                     205.605(b)(12)(iii).
    Sodium hypochlorite...................  As described under Sec.
                                             205.605(b)(12)(iv).
    Potassium hydroxide...................  As described under Sec.
                                             205.605(b)(26).
    Potassium lactate.....................  As described under Sec.
                                             205.605(b)(27).
    Silicon dioxide.......................  As described under Sec.
                                             205.605(b)(29).
    Sodium lactate........................  As described under Sec.
                                             205.605(b)(33).
------------------------------------------------------------------------


    Table 2--National List Substances Renewed Until January 28, 2029
------------------------------------------------------------------------
                 Substance                         Use conditions
------------------------------------------------------------------------
Sec.   205.601 Synthetic substances
 allowed for use in organic crop
 production.
    Soluble boron products................  As described under Sec.
                                             205.601(j)(7)(i).
    Sulfates, carbonates, oxides, or        As described under Sec.
     silicates of zinc, copper, iron         205.601(j)(7)(ii).
     manganese, molybdenum, selenium, and
     cobalt.
    Squid byproducts--from waste            As described under Sec.
     processing only.                        205.601(j)(10).
Sec.   205.603 Synthetic substances
 allowed for use in organic livestock
 production.
    Chlorhexidine.........................  As described under Sec.
                                             205.603(a)(9).
    Elemental sulfur......................  As described under Sec.
                                             205.603(b)(2).
    Lidocaine.............................  As described under Sec.
                                             205.603(b)(5).
Sec.   205.606 Nonorganically produced
 agricultural products allowed as
 ingredients in or on processed products
 labeled as ``organic.''
    Potassium acid tartrate...............  As described under Sec.
                                             205.606(p).
------------------------------------------------------------------------


[[Page 22895]]


    Table 3--National List Substances Renewed Until October 30, 2029
------------------------------------------------------------------------
                 Substance                         Use conditions
------------------------------------------------------------------------
Sec.   205.601 Synthetic substances
 allowed for use in organic crop
 production.
    Herbicides, soap-based................  As described under Sec.
                                             205.601(b)(1).
    Biodegradable biobased mulch film.....  As described under Sec.
                                             205.601(b)(2)(iii).
    Boric acid............................  As described under Sec.
                                             205.601(e)(3).
    Sticky traps/barriers.................  As described under Sec.
                                             205.601(e)(9).
    Elemental sulfur......................  As described under Sec.
                                             205.601(h)(2).
    Coppers, fixed--copper hydroxide,       As described under Sec.
     copper oxide, copper oxychloride.       205.601(i)(2).
    Copper sulfate........................  As described under Sec.
                                             205.601(i)(3).
    Polyoxin D zinc salt..................  As described under Sec.
                                             205.601(i)(11).
    Humic acids...........................  As described under Sec.
                                             205.601(j)(3).
    Vitamins C and E......................  As described under Sec.
                                             205.601(j)(9).
Sec.   205.602 Nonsynthetic substances
 prohibited for use in organic crop
 production.
    Lead salts............................  As described under Sec.
                                             205.602(d).
    Tobacco dust (nicotine sulfate).......  As described under Sec.
                                             205.602(j).
Sec.   205.603 Synthetic substances
 allowed for use in organic livestock
 production.
    Glucose...............................  As described under Sec.
                                             205.603(a)(13).
    Tolazoline............................  As described under Sec.
                                             205.603(a)(29).
    Copper sulfate........................  As described under Sec.
                                             205.603(b)(1).
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)).''
    Attapulgite...........................  As described under Sec.
                                             205.605(a)(4).
    Bentonite.............................  As described under Sec.
                                             205.605(a)(5).
    Diatomaceous earth....................  As described under Sec.
                                             205.605(a)(10).
    Magnesium chloride....................  As described under Sec.
                                             205.605(a)(17).
    Nitrogen--oil free grades.............  As described under Sec.
                                             205.605(a)(20).
    Sodium carbonate......................  As described under Sec.
                                             205.605(a)(27).
    Acidified sodium chlorite.............  As described under Sec.
                                             205.605(b)(1).
    Carbon dioxide........................  As described under Sec.
                                             205.605(b)(10).
    Sodium phosphates.....................  As described under Sec.
                                             205.605(b)(34).
Sec.   205.606 Nonorganically produced
 agricultural products allowed as
 ingredients in or on processed products
 labeled as ``organic.''
    Casings, from processed intestines....  As described under Sec.
                                             205.606(b).
    Pectin (non-amidated forms only)......  As described under Sec.
                                             205.606(o).
------------------------------------------------------------------------


    Authority: 7 U.S.C. 6501-6524.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-07886 Filed 4-13-23; 8:45 am]
BILLING CODE P