83 FR 14347 - National Organic Program: USDA Organic Regulations
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 65 (April 4, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 65 (April 4, 2018)
| Page Range | 14347-14348 | |
| FR Document | 2018-06867 |
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)] [Rules and Regulations] [Pages 14347-14348] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06867] ======================================================================== 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. ======================================================================== Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations [[Page 14347]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-17-0085; NOP-17-05] National Organic Program: USDA Organic Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Notification of 2018 Sunset Review. ----------------------------------------------------------------------- SUMMARY: This document announces the renewal of 17 substances 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 2018 sunset review process and addresses the recommendations submitted to the Secretary of Agriculture (Secretary), through the USDA's Agricultural Marketing Service (AMS), by the National Organic Standards Board (NOSB). DATES: This document is effective May 29, 2018. FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Director, Standards Division, Telephone: (202) 720-3252; Fax: (202) 260-9151. SUPPLEMENTARY INFORMATION: I. Background The USDA AMS administers the National Organic Program (NOP) under the authority of the Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501-6524). The regulations implementing the NOP, also referred to as the USDA organic regulations (7 CFR part 205), were published on December 21, 2000 (65 FR 80548) and became effective on October 21, 2002. Through these regulations, AMS oversees national organic standards for the production, handling, and labeling of organically produced agricultural products. Since October 2002, the USDA organic regulations have been frequently amended, mostly for changes to the National List in 7 CFR 205.601-205.606. The National List identifies synthetic substances that may be used and the nonsynthetic substances that must 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 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. Section 205.105 of the USDA organic regulations also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling appear on the National List. The OFPA authorizes 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 allowed or prohibited for organic production and handling and to advise the Secretary on the USDA organic regulations. The OFPA also requires a review of all substances included on the National List within five years of their addition to or renewal on the list. During this sunset review, the NOSB considers any new information pertaining to a substance's impact on human health and the environment, its necessity due to the unavailability of wholly natural substances, and its consistency with organic production and handling. If a listed substance is not reviewed by the NOSB and renewed by the USDA within the five-year period, its allowance or prohibition on the National List is no longer in effect. AMS published a revision of the 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. In accordance with the sunset review process, AMS published two notices in the Federal Register announcing the NOSB meetings and inviting public comments pertinent to this renewal notification: March 16, 2016 (81 FR 14079) and August 1, 2016 (81 FR 50460). The NOSB also conducted two public webinars (April 19, 2016 and November 3, 2016), to provide opportunities for public comment. The NOSB received additional public comment during the face-to-face meetings on April 25-27, 2016 and November 16-18, 2016. At these public meetings, the NOSB reviewed 17 substances with a 2018 sunset date. Table 1 shows the current listings for these substances. The NOSB recommended removing one substance, carrageenan, and completed its sunset review for the 16 other substances. The NOSB recommended removing carrageenan because they determined that alternative materials, such as gellan gum, guar gum, or xanthan gum, are available for use in organic products. AMS has reviewed NOSB's sunset review document and decided to renew all 17 substances, including carrageenan. AMS found sufficient evidence in public comments to the NOSB that carrageenan continues to be necessary for handling agricultural products because of the unavailability of wholly natural substitutes (Sec. 6517(c)(1)(ii)). Carrageenan has specific uses in an array of agricultural products, and public comments reported that potential substitutes do not adequately replicate the functions of carrageenan across the broad scope of use. Therefore, carrageenan continues to meet the OFPA criteria for inclusion on the National List. The renewal of these 17 substances will avoid potential disruptions to the organic industry and the public that may otherwise result from their removal from the National List. Table 1 lists the 17 synthetic and nonsynthetic substances on the National List that are being renewed. These substances continue to be included on the National List with a new sunset date of May 29, 2023. [[Page 14348]] Table 1--Substances Renewed in 2018 Sunset Review ------------------------------------------------------------------------ National list section Substance listing ------------------------------------------------------------------------ Sec. 205.601 Synthetic substances allowed for use in organic crop production. ------------------------------------------------------------------------ (a)..................... As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems. (3)..................... Copper Sulfate--for use as an algicide in aquatic rice systems, is limited to one application per field during any 24-month period. Application rates are limited to those which do not increase baseline soil test values for copper over a timeframe agreed upon by the producer and accredited certifying agent. (5)..................... Ozone gas--for use as an irrigation system cleaner only. (6)..................... Peracetic acid--for use in disinfecting equipment, seed, and asexually propagated planting material. Also permitted in hydrogen peroxide formulations as allowed in Sec. 205.601(a) at concentration of no more than 6% as indicated on the pesticide product label. (e)..................... As insecticides (including acaricides or mite control). (4)..................... Copper Sulfate--for use as tadpole shrimp control in aquatic rice production, is limited to one application per field during any 24-month period. Application rates are limited to levels which do not increase baseline soil test values for copper over a timeframe agreed upon by the producer and accredited certifying agent. (i)..................... As plant disease control. (8)..................... Peracetic acid--for use to control fire blight bacteria. Also permitted in hydrogen peroxide formulations as allowed in Sec. 205.601(i) at concentration of no more than 6% as indicated on the pesticide product label. (m)..................... As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic substances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances. (2)..................... EPA List 3--Inerts of unknown toxicity--for use only in passive pheromone dispensers. ------------------------------------------------------------------------ Sec. 205.602 Nonsynthetic substances prohibited for use in organic crop production. ------------------------------------------------------------------------ (c)..................... Calcium chloride, brine process is natural and prohibited for use except as a foliar spray to treat a physiological disorder associated with calcium uptake. ------------------------------------------------------------------------ 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)).'' ------------------------------------------------------------------------ (a)..................... Nonsynthetics allowed: Agar-agar. Animal enzymes--(Rennet-animals derived; Catalase-bovine liver; Animal lipase; Pancreatin; Pepsin; and Trypsin). Calcium sulfate--mined. Carrageenan. Glucono delta-lactone--production by the oxidation of D-glucose with bromine water is prohibited. Tartaric acid--made from grape wine. (b)..................... Synthetics allowed: Cellulose--for use in regenerative casings, as an anti-caking agent (non-chlorine bleached) and filtering aid. Potassium hydroxide--prohibited for use in lye peeling of fruits and vegetables except when used for peeling peaches. Silicon dioxide--Permitted as a defoamer. Allowed for other uses when organic rice hulls are not commercially available. ------------------------------------------------------------------------ Sec. 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ``organic.'' ------------------------------------------------------------------------ Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as ``organic,'' only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form. ------------------------------------------------------------------------ (c)..................... Colors derived from agricultural products-- Must not be produced using synthetic solvents and carrier systems or any artificial preservative. (2)..................... Beta-carotene extract color--derived from carrots or algae (pigment CAS# 7235-40-7). ------------------------------------------------------------------------ Authority: 7 U.S.C. 6501-6524. Dated: March 30, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-06867 Filed 4-3-18; 8:45 am] BILLING CODE 3410-02-P
![14347
Rules and Regulations Federal Register
Vol. 83, No. 65
Wednesday, April 4, 2018
This section of the FEDERAL REGISTER 80548) and became effective on October List substances. This renewal occurs
contains regulatory documents having general 21, 2002. Through these regulations, after the NOSB review.
applicability and legal effect, most of which AMS oversees national organic In accordance with the sunset review
are keyed to and codified in the Code of standards for the production, handling, process, AMS published two notices in
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
and labeling of organically produced the Federal Register announcing the
agricultural products. NOSB meetings and inviting public
The Code of Federal Regulations is sold by Since October 2002, the USDA comments pertinent to this renewal
the Superintendent of Documents. organic regulations have been frequently notification: March 16, 2016 (81 FR
amended, mostly for changes to the 14079) and August 1, 2016 (81 FR
National List in 7 CFR 205.601–205.606. 50460). The NOSB also conducted two
DEPARTMENT OF AGRICULTURE public webinars (April 19, 2016 and
The National List identifies synthetic
Agricultural Marketing Service substances that may be used and the November 3, 2016), to provide
nonsynthetic substances that must not opportunities for public comment. The
7 CFR Part 205 be used in organic production. The NOSB received additional public
National List also identifies synthetic, comment during the face-to-face
[Document Number AMS–NOP–17–0085; nonsynthetic nonagricultural, and meetings on April 25–27, 2016 and
NOP–17–05] nonorganic agricultural substances that November 16–18, 2016.
may be used in organic handling. The At these public meetings, the NOSB
National Organic Program: USDA OFPA and USDA organic regulations reviewed 17 substances with a 2018
Organic Regulations specifically prohibit the use of any sunset date. Table 1 shows the current
AGENCY: Agricultural Marketing Service, synthetic substance in organic listings for these substances. The NOSB
USDA. production and handling unless the recommended removing one substance,
synthetic substance is on the National carrageenan, and completed its sunset
ACTION: Notification of 2018 Sunset
List. Section 205.105 of the USDA review for the 16 other substances. The
Review. organic regulations also requires that NOSB recommended removing
any nonorganic agricultural substance carrageenan because they determined
SUMMARY: This document announces the
and any nonsynthetic nonagricultural that alternative materials, such as gellan
renewal of 17 substances on the
substance used in organic handling gum, guar gum, or xanthan gum, are
National List of Allowed and Prohibited
appear on the National List. available for use in organic products.
Substances (National List) within the
U.S. Department of Agriculture’s The OFPA authorizes the NOSB, AMS has reviewed NOSB’s sunset
(USDA) organic regulations. This operating in accordance with the review document and decided to renew
document reflects the outcome of the Federal Advisory Committee Act (5 all 17 substances, including
2018 sunset review process and U.S.C. App. 2 et seq.), to assist in the carrageenan. AMS found sufficient
addresses the recommendations evaluation of substances to be allowed evidence in public comments to the
submitted to the Secretary of or prohibited for organic production and NOSB that carrageenan continues to be
Agriculture (Secretary), through the handling and to advise the Secretary on necessary for handling agricultural
USDA’s Agricultural Marketing Service the USDA organic regulations. The products because of the unavailability of
(AMS), by the National Organic OFPA also requires a review of all wholly natural substitutes
Standards Board (NOSB). substances included on the National (§ 6517(c)(1)(ii)). Carrageenan has
List within five years of their addition specific uses in an array of agricultural
DATES: This document is effective May
to or renewal on the list. During this products, and public comments
29, 2018. sunset review, the NOSB considers any reported that potential substitutes do
FOR FURTHER INFORMATION CONTACT: Paul new information pertaining to a not adequately replicate the functions of
Lewis, Ph.D., Director, Standards substance’s impact on human health carrageenan across the broad scope of
Division, Telephone: (202) 720–3252; and the environment, its necessity due use. Therefore, carrageenan continues to
Fax: (202) 260–9151. to the unavailability of wholly natural meet the OFPA criteria for inclusion on
SUPPLEMENTARY INFORMATION: substances, and its consistency with the National List. The renewal of these
organic production and handling. If a 17 substances will avoid potential
I. Background listed substance is not reviewed by the disruptions to the organic industry and
The USDA AMS administers the NOSB and renewed by the USDA within the public that may otherwise result
National Organic Program (NOP) under the five-year period, its allowance or from their removal from the National
the authority of the Organic Foods prohibition on the National List is no List.
Production Act of 1990 (OFPA), as longer in effect. Table 1 lists the 17 synthetic and
amended (7 U.S.C. 6501–6524). The AMS published a revision of the nonsynthetic substances on the National
regulations implementing the NOP, also sunset review process in the Federal List that are being renewed. These
amozie on DSK30RV082PROD with RULES
referred to as the USDA organic Register on September 16, 2013 (78 FR substances continue to be included on
regulations (7 CFR part 205), were 56811). This revised process provides the National List with a new sunset date
published on December 21, 2000 (65 FR public notice on the renewal of National of May 29, 2023.
VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1](https://thefederalregister.org/doc/83_FR_14412/page/1.svg)
![14348 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
TABLE 1—SUBSTANCES RENEWED IN 2018 SUNSET REVIEW
National list Substance listing
section
§ 205.601 Synthetic substances allowed for use in organic crop production.
(a) ................... As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems.
(3) ................... Copper Sulfate—for use as an algicide in aquatic rice systems, is limited to one application per field during any 24-month pe-
riod. Application rates are limited to those which do not increase baseline soil test values for copper over a timeframe
agreed upon by the producer and accredited certifying agent.
(5) ................... Ozone gas—for use as an irrigation system cleaner only.
(6) ................... Peracetic acid—for use in disinfecting equipment, seed, and asexually propagated planting material. Also permitted in hydro-
gen peroxide formulations as allowed in § 205.601(a) at concentration of no more than 6% as indicated on the pesticide
product label.
(e) ................... As insecticides (including acaricides or mite control).
(4) ................... Copper Sulfate—for use as tadpole shrimp control in aquatic rice production, is limited to one application per field during any
24-month period. Application rates are limited to levels which do not increase baseline soil test values for copper over a
timeframe agreed upon by the producer and accredited certifying agent.
(i) ..................... As plant disease control.
(8) ................... Peracetic acid—for use to control fire blight bacteria. Also permitted in hydrogen peroxide formulations as allowed in
§ 205.601(i) at concentration of no more than 6% as indicated on the pesticide product label.
(m) .................. As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic sub-
stances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limi-
tations on the use of such substances.
(2) ................... EPA List 3—Inerts of unknown toxicity—for use only in passive pheromone dispensers.
§ 205.602 Nonsynthetic substances prohibited for use in organic crop production.
(c) .................... Calcium chloride, brine process is natural and prohibited for use except as a foliar spray to treat a physiological disorder asso-
ciated with calcium uptake.
§ 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)).’’
(a) ................... Nonsynthetics allowed:
Agar-agar.
Animal enzymes—(Rennet-animals derived; Catalase-bovine liver; Animal lipase; Pancreatin; Pepsin; and Trypsin).
Calcium sulfate—mined.
Carrageenan.
Glucono delta-lactone—production by the oxidation of D-glucose with bromine water is prohibited.
Tartaric acid—made from grape wine.
(b) ................... Synthetics allowed:
Cellulose—for use in regenerative casings, as an anti-caking agent (non-chlorine bleached) and filtering aid.
Potassium hydroxide—prohibited for use in lye peeling of fruits and vegetables except when used for peeling peaches.
Silicon dioxide—Permitted as a defoamer. Allowed for other uses when organic rice hulls are not commercially available.
§ 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ‘‘organic.’’
Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as ‘‘organic,’’
only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form.
(c) .................... Colors derived from agricultural products—Must not be produced using synthetic solvents and carrier systems or any artificial
preservative.
(2) ................... Beta-carotene extract color—derived from carrots or algae (pigment CAS# 7235–40–7).
Authority: 7 U.S.C. 6501–6524. DEPARTMENT OF AGRICULTURE SUMMARY: The Department of
Dated: March 30, 2018. Agriculture adopts as final without
Agricultural Marketing Service change, an interim rule implementing a
Bruce Summers,
recommendation from the Citrus
Acting Administrator, Agricultural Marketing 7 CFR Part 905
Service.
Administrative Committee (Committee)
to relax the minimum size requirements
[FR Doc. 2018–06867 Filed 4–3–18; 8:45 am]
[Doc. No. AMS–SC–17–0064; SC17–905–2 currently prescribed under the
BILLING CODE 3410–02–P FIR] Marketing Order for oranges, grapefruit,
tangerines, and pummelos grown in
Oranges, Grapefruit, Tangerines, and
Florida (Order). This final rule also
Pummelos Grown in Florida; Change
amozie on DSK30RV082PROD with RULES
in Size Requirements for Oranges continues in effect administrative
revisions to the subpart heading to bring
AGENCY: Agricultural Marketing Service, the language into conformance with the
USDA. Office of Federal Register requirements.
ACTION: Final rule. DATES: Effective April 5, 2018.
VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1](https://thefederalregister.org/doc/83_FR_14412/page/2.svg)
Document Created: 2018-11-01 09:11:41
Document Modified: 2018-11-01 09:11:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notification of 2018 Sunset Review. | |
| Dates | This document is effective May 29, 2018. | |
| Contact | Paul Lewis, Ph.D., Director, Standards Division, Telephone: (202) 720-3252; Fax: (202) 260-9151. | |
| FR Citation | 83 FR 14347 |
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