80_FR_35295 80 FR 35177 - National Organic Program: USDA Organic Regulations

80 FR 35177 - National Organic Program: USDA Organic Regulations

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 118 (June 19, 2015)

Page Range35177-35178
FR Document2015-14865

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.

Federal Register, Volume 80 Issue 118 (Friday, June 19, 2015)
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35177-35178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14865]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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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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                                                                                                                                                                                             35177

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 80, No. 118

                                                                                                                                                            Friday, June 19, 2015



                                             This section of the FEDERAL REGISTER                    should be sent to Jennifer Tucker, Ph.D.,              Federal Advisory Committee Act (5
                                             contains regulatory documents having general            Associate Deputy Administrator,                        U.S.C. App. 2 et seq.) to assist in the
                                             applicability and legal effect, most of which           National Organic Program, USDA–                        evaluation of substances to be used or
                                             are keyed to and codified in the Code of                AMS–NOP, 1400 Independence Ave.                        not used in organic production and
                                             Federal Regulations, which is published under           SW., Room 2646–S., Ag Stop 0268,                       handling, and to advise the Secretary on
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     Washington, DC 20250–0268.                             the USDA organic regulations. OFPA
                                             The Code of Federal Regulations is sold by              Telephone: (202) 720–3252, email:                      also requires a review of all substances
                                             the Superintendent of Documents. Prices of              Jennifer.tucker@ams.usda.gov or by                     included on the National List within 5
                                             new books are listed in the first FEDERAL               accessing the Web site at http://                      years of their addition to or renewal on
                                             REGISTER issue of each week.                            www.ams.usda.gov/nop.                                  the list. If a listed substance is not
                                                                                                     SUPPLEMENTARY INFORMATION: The                         reviewed by NOSB and renewed by
                                                                                                     National Organic Program (NOP) is                      USDA within the five year period, its
                                             DEPARTMENT OF AGRICULTURE                               authorized by the Organic Foods                        allowance or prohibition on the
                                                                                                     Protection Act (OFPA) of 1990, as                      National List is no longer in effect. The
                                             Agricultural Marketing Service
                                                                                                     amended (7 U.S.C. 6501—6522). The                      NOSB sunset review includes
                                                                                                     USDA Agricultural Marketing Service                    considering any new information
                                             7 CFR Part 205
                                                                                                     (AMS) administers the NOP. Final                       pertaining to a substance’s impact on
                                             [Document Number AMS–NOP–15–0009;                       regulations implementing the NOP, also                 human health and the environment, its
                                             NOP–15–01]                                              referred to as the USDA organic                        necessity, and its compatibility with
                                                                                                     regulations, were published December                   organic production and handling.
                                             National Organic Program: USDA
                                                                                                     21, 2000 (65 FR 80548), and became                        To implement the sunset review
                                             Organic Regulations
                                                                                                     effective on October 21, 2002. Through                 requirement, AMS initially published
                                             AGENCY: Agricultural Marketing Service,                 these regulations, the AMS oversees                    an advanced notice of proposed
                                             USDA.                                                   national standards for the production,                 rulemaking on the National List sunset
                                             ACTION: Notice of 2015 Sunset Review.                   handling, and labeling of organically                  review process on June 17, 2005 (70 FR
                                                                                                     produced agricultural products. Since                  35177). This document described the
                                             SUMMARY:   This document addresses the                  becoming fully effective, the USDA                     process used by the NOSB to complete
                                             2015 Sunset Review submitted to the                     organic regulations have been frequently               their responsibility to review National
                                             Secretary of Agriculture (Secretary)                    amended, mostly for changes to the                     List substances within the OFPA
                                             through the Agricultural Marketing                      National List in 7 CFR 205.601–205.606.                required five year period. Since
                                             Service’s (AMS) National Organic                           This National List identifies the                   announcing the first sunset review
                                             Program (NOP) by the National Organic                   synthetic substances that may be used                  process, the NOSB and the USDA
                                             Standards Board (NOSB) following the                    and the nonsynthetic (natural)                         completed five separate sunset reviews
                                             NOSB’s May and October 2014                             substances that may not be used in                     in 2007 (72 FR 58469), 2008 (73 FR
                                             meetings. The 2015 Sunset Review                        organic production. The National List                  59479), 2011 (76 FR 46595), 2012 (77 FR
                                             pertains to the NOSB’s review of the                    also identifies synthetic, nonsynthetic
                                             need for the continued allowance for                                                                           33290) and in 2013 (78 FR 61154).
                                                                                                     nonagricultural, and nonorganic
                                             seven substances on the U.S.                            agricultural substances that may be used                  AMS published a revised sunset
                                             Department of Agriculture’s (USDA)                      in organic handling. The OFPA and the                  review process in the Federal Register
                                             National List of Allowed and Prohibited                 USDA organic regulations, as indicated                 on September 16, 2013 (78 FR 56811).
                                             Substances (National List). Consistent                  in § 205.105, specifically prohibit the                This provides public notice on the
                                             with the NOSB’s review, this                            use of any synthetic substance in                      renewal of National List substances.
                                             publication provides notice on the                      organic production and handling unless                 This renewal occurs after the NOSB
                                             renewal of three synthetic and two                      the synthetic substance is on the                      review.
                                             nonsynthetic substances on the National                 National List. Section 205.105 also                       At its May and October 2014
                                             List, along with any restrictive                        requires that any nonorganic                           meetings, the NOSB considered seven
                                             annotations. For substances that have                   agricultural substance, and any                        substances that were added to the
                                             been renewed on the National List, this                 nonsynthetic nonagricultural substance                 National List in 2010. AMS has
                                             document completes the 2015 National                    used in organic handling appear on the                 reviewed and accepted the NOSB sunset
                                             List Sunset Process.                                    National List.                                         review and recommendations.
                                             DATES: This document is effective June                     As stipulated by OFPA,                              Substances in Table 1 having final
                                             22, 2015.                                               recommendations to propose or amend                    actions of ‘‘renew’’ will continue to be
                                             FOR FURTHER INFORMATION CONTACT:                        the National List are developed by the                 listed on the National List and will be
                                             Requests for a copy of this document                    15 member NOSB, organized under the                    included in the 2020 sunset review.
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                                             35178                 Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations

                                                                                            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

                                             § 205.601(a)(8) ........    Sodium carbonate peroxyhydrate (CAS #–15630–89–4)—Federal law restricts the use of this sub-                                           Renew.
                                                                           stance in food crop production to approved food uses identified on the product label.
                                             § 205.601(e)(2) ........    Aqueous potassium silicate (CAS #–1312–76–1)—the silica, used in the manufacture of potassium                                          Renew.
                                                                           silicate, must be sourced from naturally occurring sand.
                                             § 205.601(i)(1) .........   Aqueous potassium silicate (CAS #–1312–76–1)—the silica, used in the manufacture of potassium                                          Renew.
                                                                           silicate, must be sourced from naturally occurring sand.
                                             § 205.601(j)(9) .........   Sulfurous acid (CAS # 7782–99–2) for on-farm generation of substance utilizing 99% purity ele-                                         Renew.
                                                                           mental 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)).’’

                                             § 205.605(a) ............   Gellan gum—(CAS # 71010–52–1)—high-acyl form only .....................................................................                Renew.

                                                      Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ‘‘organic.’’

                                             § 205.606(w) ...........    Tragacanth gum (CAS #–9000–65–1) ...................................................................................................   Renew.



                                                Authority: 7 U.S.C. 6501–6522.                             reprocessing the product. In addition,                           Program Development; Telephone: (202)
                                             Rex A. Barnes,
                                                                                                           FSIS is removing the requirement for                             205–0495.
                                                                                                           establishments to report production                              SUPPLEMENTARY INFORMATION:
                                             Associate Administrator, Agricultural
                                             Marketing Service.
                                                                                                           volume and related information to FSIS
                                                                                                           because the Agency now routinely                                 Background
                                             [FR Doc. 2015–14865 Filed 6–18–15; 8:45 am]
                                                                                                           collects this information through its                               On February 27, 2001, FSIS proposed
                                             BILLING CODE P
                                                                                                           Public Health Information System                                 (66 FR 12589) to establish several new
                                                                                                           (PHIS).                                                          requirements for the processing of
                                             DEPARTMENT OF AGRICULTURE                                     DATES: Effective September 17, 2015.                             ready-to-eat (RTE) and other meat and
                                                                                                           Comments must be received on or                                  poultry products. The Agency proposed
                                             Food Safety and Inspection Service                            before August 18, 2015.                                          food safety performance standards for
                                                                                                           ADDRESSES: FSIS invites interested                               all RTE and all partially heat-treated
                                             9 CFR Part 430                                                persons to submit comments on the                                meat and poultry products. FSIS also
                                                                                                           changes. Comments may be submitted                               proposed to eliminate its regulations
                                             [Docket No. FSIS–2014–0033]
                                                                                                           by one of the following methods:                                 that require both RTE and not-ready-to
                                             RIN 0583–AD53                                                    • Federal eRulemaking Portal: This                            eat pork and products containing pork
                                                                                                           Web site provides the ability to type                            to be treated to destroy trichina
                                             Control of Listeria monocytogenes in                                                                                           (Trichinella spiralis).
                                                                                                           short comments directly into the
                                             Ready-to-Eat Meat and Poultry                                                                                                     Finally, FSIS proposed environmental
                                                                                                           comment field on this Web page or
                                             Products                                                                                                                       testing requirements for establishments
                                                                                                           attach a file for lengthier comments. Go
                                             AGENCY:  Food Safety and Inspection                           to http://www.regulations.gov. Follow                            to verify whether their processes were
                                             Service, USDA.                                                the on-line instructions at that site for                        addressing Lm in RTE meat and poultry
                                             ACTION: Affirmation of the interim final                      submitting comments.                                             products. Specifically, FSIS proposed to
                                             rule with amendments; request for                                • Mail, including CD–ROMs, etc.:                              require establishments that produce
                                             comments.                                                     Send to Docket Clerk, U.S. Department                            RTE meat and poultry products to test
                                                                                                           of Agriculture, Food Safety and                                  food contact surfaces for Listeria species
                                             SUMMARY:   The Food Safety and                                Inspection Service, Patriots Plaza 3,                            to verify that the establishments are
                                             Inspection Service (FSIS) is affirming,                       1400 Independence Avenue SW.,                                    controlling the presence of Lm within
                                             with changes and a request for                                Mailstop 3782, Room 8–163A,                                      their processing environments. Under
                                             comment, the interim final rule                               Washington, DC 20250–3700.                                       the proposal, establishments that
                                             ‘‘Control of Listeria monocytogenes in                           • Hand- or courier-delivered                                  developed and implemented Hazard
                                             Ready-to-Eat Meat and Poultry                                 submittals: Deliver to Patriots Plaza 3,                         Analysis and Critical Control Point
                                             Products,’’ which was published in the                        355 E. Street SW., Room 8–163A,                                  (HACCP) controls for Lm would have
                                             Federal Register on June 6, 2003. FSIS                        Washington, DC 20250–3700.                                       been exempt from these testing
                                             is making minor changes to the                                   Instructions: All items submitted by                          requirements.
                                             regulatory provisions in response to                          mail or electronic mail must include the
                                             comments that the Agency received, on                         Agency name and docket number FSIS–                              Interim Final Rule
                                             the basis of experience in implementing                       2014–0033. Comments received in                                    On June 6, 2003, FSIS published the
                                             the provisions, and because the way                           response to this docket will be made                             interim final rule ‘‘Control of Listeria
                                                                                                           available for public inspection and
rmajette on DSK2TPTVN1PROD with RULES




                                             FSIS obtains establishment profile                                                                                             monocytogenes in Ready-to-Eat Meat
                                             information electronically has changed.                       posted without change, including any                             and Poultry Products’’ (68 FR 34208). In
                                             FSIS is clarifying in the regulations that                    personal information, to http://                                 the interim final rule, FSIS amended its
                                             establishments may not release into                           www.regulations.gov.                                             regulations only in regard to the control
                                             commerce product that has been in                             FOR FURTHER INFORMATION CONTACT: Dr.                             of Lm in RTE products. The Agency
                                             contact with Listeria monocytogenes                           Daniel L. Engeljohn, Assistant                                   decided to adopt these regulations
                                             (Lm)-contaminated surfaces without                            Administrator, Office of Policy and                              before completing action on the other


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Document Created: 2018-02-22 11:10:03
Document Modified: 2018-02-22 11:10:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of 2015 Sunset Review.
DatesThis document is effective June 22, 2015.
ContactRequests 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.
FR Citation80 FR 35177 

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