81_FR_8856 81 FR 8821 - National Organic Program: USDA Organic Regulations

81 FR 8821 - National Organic Program: USDA Organic Regulations

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8821-8822
FR Document2016-03808

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.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016) 
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8821-8822]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03808]



========================================================================
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.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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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

8821 Rules and Regulations Federal Register Vol. 81, No. 35 Tuesday, February 23, 2016 This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: NOSB, operating in accordance with the contains regulatory documents having general Requests for a copy of this document Federal Advisory Committee Act (5 applicability and legal effect, most of which should be sent to Robert Pooler, U.S.C. App. 2 et seq.), to assist in the are keyed to and codified in the Code of Standards Division, National Organic evaluation of substances to be used or Federal Regulations, which is published under Program, USDA–AMS–NOP, 1400 50 titles pursuant to 44 U.S.C. 1510. not used in organic production and Independence Ave. SW., Room 2642–S., handling, and to advise the Secretary on The Code of Federal Regulations is sold by Ag Stop 0268, Washington, DC 20250– the USDA organic regulations. OFPA the Superintendent of Documents. Prices of 0268. Telephone: (202) 720–3252. also requires a review of all substances new books are listed in the first FEDERAL Email: bob.pooler@ams.usda.gov. included on the National List within 5 REGISTER issue of each week. SUPPLEMENTARY INFORMATION: The years of their addition to or renewal on National Organic Program (NOP) is the list. If a listed substance is not authorized by the Organic Foods reviewed by NOSB and renewed by DEPARTMENT OF AGRICULTURE Protection Act (OFPA) of 1990, as USDA within the five year period, its amended (7 U.S.C. 6501–6522). The allowance or prohibition on the Agricultural Marketing Service USDA Agricultural Marketing Service National List is no longer in effect. The (AMS) administers the NOP. Final NOSB sunset review includes 7 CFR Part 205 regulations implementing the NOP, also considering any new information [Document Number AMS–NOP–16–0001; referred to as the USDA organic pertaining to a substance’s impact on NOP–15–13] regulations, were published December human health and the environment, its 21, 2000 (65 FR 80548), and became necessity, and its compatibility with National Organic Program: USDA effective on October 21, 2002. Through Organic Regulations organic production and handling. these regulations, the AMS oversees national standards for the production, To implement the sunset review AGENCY: Agricultural Marketing Service, USDA. handling, and labeling of organically requirement, AMS initially published produced agricultural products. Since an advanced notice of proposed ACTION: Notice of 2016 Sunset Review. becoming effective, the USDA organic rulemaking on the National List sunset SUMMARY: This document addresses the regulations have been frequently review process on June 17, 2005 (70 FR 2016 Sunset Review submitted to the amended, mostly for changes to the 35177). This document described the Secretary of Agriculture (Secretary) National List in 7 CFR 205.601–205.606. process used by the NOSB to complete through the Agricultural Marketing This National List identifies the their responsibility to review National Service’s (AMS) National Organic synthetic substances that may be used List substances within the OFPA Program (NOP) by the National Organic and the nonsynthetic (natural) required five year period. Standards Board (NOSB) following the substances that may not be used in AMS published a revised sunset NOSB’s October 2014 and April 2015 organic production. The National List review process in the Federal Register meetings. The 2016 Sunset Review also identifies synthetic, nonsynthetic on September 16, 2013 (78 FR 56811). pertains to the NOSB’s review of the nonagricultural, and nonorganic This revised process provides public need for the continued allowance for agricultural substances that may be used notice on the renewal of National List seven substances on the U.S. in organic handling. The OFPA and the substances. This renewal occurs after Department of Agriculture’s (USDA) USDA organic regulations, as indicated the NOSB review. National List of Allowed and Prohibited in § 205.105, specifically prohibit the Substances (National List). Consistent use of any synthetic substance in At its October 2014, and April 2015 with the NOSB’s review, this organic production and handling unless public meetings, the NOSB considered publication provides notice on the the synthetic substance is on the seven substances that were added to or renewal of five synthetic and two National List. Section 205.105 also continued on the National List after nonsynthetic substances on the National requires that any nonorganic sunset review in 2011. AMS has List, along with any restrictive agricultural substance, and any reviewed and accepted the NOSB sunset annotations. For substances that have nonsynthetic nonagricultural substance review and recommendations. been renewed on the National List, this used in organic handling appear on the Substances in Table 1 having final document completes the 2016 National National List. actions of ‘‘renew’’ will continue to be List Sunset Process. As stipulated by OFPA, listed on the National List and will be DATES: This document is effective recommendations to propose or amend included in their next sunset review September 12, 2016. the National List are developed by the (Sunset Review 2021). TABLE 1—OVERVIEW OF FINAL ACTION FOR SUNSET 2016 asabaliauskas on DSK5VPTVN1PROD with RULES National List section Substance listing Final action Synthetic substances allowed for use in organic crop production § 205.601(h) ............... As slug or snail bait. Ferric phosphate (CAS # 10045–86–0) ................................................................. Renew. § 205.601(n) ............... Seed preparations. Hydrogen chloride (CAS # 7647–01–0)—for delinting cotton seed for planting ..... Renew. VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

8822 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations TABLE 1—OVERVIEW OF FINAL ACTION FOR SUNSET 2016—Continued National List section Substance listing Final action 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) ............... L—malic acid (CAS # 97–67–6) .............................................................................................................. Renew. § 205.605(a) ............... Microorganisms—any food grade bacteria, fungi, and other microorganism .......................................... Renew. § 205.605(b) ............... Activated charcoal (CAS #s 7440–44–0; 64365–11–3)—only from vegetative sources; for use only Renew. as a filtering aid. § 205.605(b) ............... Peracetic acid/Peroxyacetic acid (CAS # 79–21–0)—for use in wash and/or rinse water according to Renew. FDA limitations. For use as a sanitizer on food contact surfaces. § 205.605(b) ............... Sodium acid pyrophosphate (CAS # 7758–16–9)—for use only as a leavening agent ......................... Renew. Authority: 7 U.S.C. 6501–6522. SUPPLEMENTARY INFORMATION: Done in Washington, DC, this 17th day of February 2016. Dated: February 18, 2016. Background Kevin Shea, Elanor Starmer, In an interim rule1 effective and Administrator, Animal and Plant Health Acting Administrator, Agricultural Marketing Inspection Service. Service. published in the Federal Register on [FR Doc. 2016–03672 Filed 2–22–16; 8:45 am] [FR Doc. 2016–03808 Filed 2–22–16; 8:45 am] October 2, 2015 (80 FR 59551–59557, BILLING CODE 3410–34–P BILLING CODE 3410–02–P Docket No. APHIS–2015–0040), we amended the golden nematode regulations in 7 CFR part 301 by DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE removing areas in Orleans, Nassau, and Suffolk Counties in the State of New Agricultural Marketing Service Animal and Plant Health Inspection York from the list of areas regulated for Service golden nematode. 7 CFR Part 1217 7 CFR Part 301 Comments on the interim rule were [Document No. AMS–SC–15–0079] required to be received on or before [Docket No. APHIS–2015–0040] Softwood Lumber Research, December 1, 2015. We did not receive any comments. Therefore, for the Promotion, Consumer Education and Golden Nematode; Removal of Industry Information Order; Regulated Areas in Orleans, Nassau, reasons given in the interim rule, we are adopting the interim rule as a final rule Continuance Referendum and Suffolk Counties, New York without change. AGENCY: Agricultural Marketing Service, AGENCY: Animal and Plant Health USDA. Inspection Service, USDA. This action also affirms the information contained in the interim ACTION: Referendum order. ACTION: Affirmation of interim rule as rule concerning Executive Order 12866 SUMMARY: This document directs that a final rule. and the Regulatory Flexibility Act, referendum be conducted among SUMMARY: We are adopting as a final Executive Orders 12372 and 12988, and eligible domestic manufacturers and rule, without change, an interim rule the Paperwork Reduction Act. importers of softwood lumber to that amended the golden nematode Further, for this action, the Office of determine whether they favor regulations by removing areas in Management and Budget has waived its continuance of the Softwood Lumber Orleans, Nassau, and Suffolk Counties review under Executive Order 12866. Research, Promotion, Consumer in the State of New York from the list Education and Industry Information of generally infested areas. The interim List of Subjects in 7 CFR Part 301 Order (Order). rule was necessary to relieve restrictions DATES: The referendum will be on the movement of regulated articles Agricultural commodities, Plant diseases and pests, Quarantine, conducted by mail ballot from August 1 from areas no longer under quarantine through 25, 2016. To be eligible to vote, for golden nematode. As a result of the Reporting and recordkeeping softwood lumber manufacturers and interim rule, movement of such articles requirements, Transportation. importers must have domestically from areas no longer under quarantine manufactured and shipped or imported can proceed while preventing the PART 301—DOMESTIC QUARANTINE 15 million board feet or more of spread of golden nematode from NOTICES softwood lumber during the infested areas to noninfested areas of the representative period of January 1 United States. ■ Accordingly, we are adopting as a through December 31, 2015, paid DATES: Effective on February 23, 2016, final rule, without change, the interim assessments during that period, and we are adopting as a final rule the rule that amended 7 CFR part 301 and must currently be softwood lumber that was published at 80 FR 59551– asabaliauskas on DSK5VPTVN1PROD with RULES interim rule published at 80 FR 59551– domestic manufacturers or importers 59557 on October 2, 2015. 59557 on October 2, 2015. subject to assessment under the Order. FOR FURTHER INFORMATION CONTACT: Mr. Ballots must be received by the Jonathan M. Jones, National Policy referendum agents no later than the Manager, Pest Management, Plant close of business on August 25, 2016, to Protection and Quarantine, APHIS, 4700 1 To view the interim rule and supporting be counted. River Road, Unit 160, Riverdale, MD documents, go to http://www.regulations.gov/ ADDRESSES: Copies of the Order may be 20737; (301) 851–2128. #!docketDetail;D=APHIS-2015-0040. obtained from: Referendum Agent, VerDate Sep<11>2014 16:15 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1


Document Created: 2018-02-02 14:33:39
Document Modified: 2018-02-02 14:33:39
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 2016 Sunset Review.
DatesThis document is effective September 12, 2016.
ContactRequests 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]
FR Citation81 FR 8821 
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