[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Rules and Regulations]
[Pages 64783-64785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17378]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 / 
Rules and Regulations  

[[Page 64783]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. No. AMS-NOP-24-0024]


National Organic Program: 2025 Sunset Review and Substance 
Renewals

AGENCY: Agricultural Marketing Service, USDA.

ACTION: 2025 sunset review and substance renewals.

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

SUMMARY: This document announces the renewal of 47 substances listed on 
the National List of Allowed and Prohibited Substances within the U.S. 
Department of Agriculture's organic regulations. This document reflects 
the outcome of the 2025 sunset review processes and addresses 
recommendations submitted to the Secretary of Agriculture, through the 
USDA's Agricultural Marketing Service, by the National Organic 
Standards Board.

DATES: Applicable June 22, 2025.

FOR FURTHER INFORMATION CONTACT: Jared Clark, National List Manager, 
Standards Division, National Organic Program, Phone: (202) 720-3252; 
Email: [email protected].

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 80548, 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. chapter 94), 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 (7 CFR 
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 National Organic Standards 
Board (``NOSB'' or ``Board''), 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 5 years of their addition to, or 
renewal on, the list. A list of all National List sunset dates is 
posted online for public access in the ``NOSB Work Agenda'' document on 
the NOP's NOSB web page, https://www.ams.usda.gov/rules-regulations/organic/nosb.
    As required by the OFPA, during a sunset review, the NOSB considers 
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 votes on proposals to remove individual 
substances 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).

Review of Sunset Substances

    AMS published notices in the Federal Register announcing the Spring 
2023 (88 FR 9426, February 14, 2023) and Fall 2023 (88 FR 37505, June 
08, 2023) NOSB meetings and invited public comments on the 2025 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 2025. AMS is 
renewing the listings of these substances until 2030. 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 (7 U.S.C. 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 natural 
substances listed in this notice should remain prohibited because their 
use remains inconsistent with organic production (7 U.S.C. 
6517(c)(2)(A)(ii)).

Sunset Renewals

    This document renews 46 of the 47 substances in this notice for 
another 5 years past their existing sunset date of June 22, 2025.
    One of the forty-seven substances renewed in this notice currently 
has an existing sunset date of December 7, 2025. This notice renews 
tamarind seed gum another 4 years and 6-1/2 months past its existing 
sunset date of December 7, 2025, to establish a new sunset date for 
this substance that matches the sunset dates of the other substances 
renewed in this notice.
    This document establishes a new sunset date for the following 
substances as outlined in the header for table 1.

[[Page 64784]]



      Table 1--National List Substances Renewed Until June 22, 2030
------------------------------------------------------------------------
             Citation                             Substance
------------------------------------------------------------------------
7 CFR 205.601 Synthetic substances
 allowed for use in organic crop
 production:
    Sec.   205.601(a)(1)(i).......  Ethanol.
    Sec.   205.601(a)(1)(ii)......  Isopropanol.
    Sec.   205.601(a)(8)..........  Sodium carbonate 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(b)(2)(i).......  Newspaper or other recycled paper,
                                     without glossy or colored inks.
    Sec.   205.601(b)(2)(ii)......  Plastic mulch and covers (petroleum-
                                     based other than polyvinyl chloride
                                     (PVC)).
    Sec.   205.601(c).............  As compost feedstocks--Newspapers or
                                     other recycled paper, without
                                     glossy or colored inks.
    Sec.   205.601(e)(2)..........  Aqueous potassium silicate (CAS
                                     #1312-76-1)--the silica, used in
                                     the manufacture of potassium
                                     silicate, must be sourced from
                                     naturally occurring sand.
    Sec.   205.601(e)(5)..........  Elemental sulfur.
    Sec.   205.601(e)(6)..........  Lime sulfur--including calcium
                                     polysulfide.
    Sec.   205.601(i)(1)..........  Aqueous potassium 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)(4)..........  Hydrated lime.
    Sec.   205.601(i)(6)..........  Lime sulfur.
    Sec.   205.601(i)(10).........  Elemental sulfur.
    Sec.   205.601(j)(2)..........  Elemental sulfur.
    Sec.   205.601(j)(8)..........  Liquid fish products--can be pH
                                     adjusted with sulfuric, citric or
                                     phosphoric acid. The amount of acid
                                     used shall not exceed the minimum
                                     needed to lower the pH to 3.5.
    Sec.   205.601(j)(11).........  Sulfurous acid (CAS #7782-99-2) for
                                     on-farm generation of substance
                                     utilizing 99% purity elemental
                                     sulfur per paragraph (j)(2) of this
                                     section.
    Sec.   205.601(k)(1)..........  Ethylene gas--for regulation of
                                     pineapple flowering.
    Sec.   205.601(o)(1)..........  Microcrystalline cheesewax (CAS #'s
                                     64742-42-3, 8009-03-08, and 8002-74-
                                     2)--for use in log grown mushroom
                                     production. Must be made without
                                     either ethylene-propylene co-
                                     polymer or synthetic colors.
7 CFR 205.602 Nonsynthetic
 substances prohibited for use in
 organic crop production:
    Sec.   205.602(e).............  Potassium chloride--unless derived
                                     from a mined source and applied in
                                     a manner that minimizes chloride
                                     accumulation in the soil.
7 CFR 205.603 Synthetic substances
 allowed for use in organic
 livestock production:
    Sec.   205.603(a)(1)(i).......  Ethanol--disinfectant and sanitizer
                                     only, prohibited as a feed
                                     additive.
    Sec.   205.603(a)(1)(ii)......  Isopropanol-disinfectant only.
    Sec.   205.603(a)(2)..........  Aspirin-approved for health care use
                                     to reduce inflammation.
    Sec.   205.603(a)(4)..........  Biologics--Vaccines.
    Sec.   205.603(a)(11).........  Electrolytes--without antibiotics.
    Sec.   205.603(a)(14).........  Glycerin--allowed as a livestock
                                     teat dip, must be produced through
                                     the hydrolysis of fats or oils.
    Sec.   205.603(a)(25).........  Phosphoric acid--allowed as an
                                     equipment cleaner, Provided, That,
                                     no direct contact with organically
                                     managed livestock or land occurs.
    Sec.   205.603(b)(6)..........  Lime, hydrated--as an external pest
                                     control, not permitted to cauterize
                                     physical alterations or deodorize
                                     animal wastes.
    Sec.   205.603(b)(7)..........  Mineral oil--for topical use and as
                                     a lubricant.
7 CFR 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))'':
    Sec.   205.605(a)(6)..........  Calcium carbonate.
    Sec.   205.605(a)(12).........  Flavors--nonsynthetic flavors may be
                                     used when organic flavors are not
                                     commercially available. All flavors
                                     must be derived from organic or
                                     nonsynthetic sources only and must
                                     not be produced using synthetic
                                     solvents and carrier systems or any
                                     artificial preservative.
    Sec.   205.605(a)(13).........  Gellan gum (CAS #71010-52-1)--high-
                                     acyl form only.
    Sec.   205.605(a)(21).........  Oxygen--oil-free grades.
    Sec.   205.605(a)(23).........  Potassium chloride.
    Sec.   205.605(b)(3)..........  Alginates.
    Sec.   205.605(b)(8)..........  Calcium hydroxide.
    Sec.   205.605(b)(14).........  Ethylene--allowed for postharvest
                                     ripening of tropical fruit and
                                     degreening of citrus.
    Sec.   205.605(b)(16).........  Glycerides (mono and di)--for use
                                     only in drum drying of food.
    Sec.   205.605(b)(19).........  Magnesium stearate--for use only in
                                     agricultural products labeled
                                     ``made with organic (specified
                                     ingredients or food group(s)),''
                                     prohibited in agricultural products
                                     labeled ``organic''.
    Sec.   205.605(b)(23).........  Phosphoric acid--cleaning of food-
                                     contact surfaces and equipment
                                     only.
    Sec.   205.605(b)(24).........  Potassium carbonate.
    Sec.   205.605(b)(35).........  Sulfur dioxide--for use only in wine
                                     labeled ``made with organic
                                     grapes,'' Provided, That, total
                                     sulfite concentration does not
                                     exceed 100 ppm.
    Sec.   205.605(b)(37).........  Xanthan gum.

[[Page 64785]]

 
7 CFR 205.606 Nonorganically
 produced agricultural products
 allowed as ingredients in or on
 processed products labeled as
 ``organic.'':
    Sec.   205.606(g).............  Fructooligosaccharides (CAS #308066-
                                     66-2).
    Sec.   205.606(j).............  Gums--water extracted only (Arabic;
                                     Guar; Locust bean; and Carob bean).
    Sec.   205.606(l).............  Lecithin--de-oiled.
    Sec.   205.606(r).............  Tamarind seed gum.
    Sec.   205.606(s).............  Tragacanth gum (CAS #-9000-65-1).
------------------------------------------------------------------------


    Authority: 7 U.S.C. chapter 94.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-17378 Filed 8-7-24; 8:45 am]
BILLING CODE P