[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58469-58473]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-1]
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Rules and Regulations
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[[Page 58469]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Docket Number AMS-TM-06-0222; TM-04-07FR]
RIN 0581-AC51
National Organic Program, Sunset Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends the U.S. Department of Agriculture's (USDA)
National List of Allowed and Prohibited Substances (National List)
regulations to reflect recommendations submitted to the Secretary of
Agriculture (Secretary) by the National Organic Standards Board (NOSB)
from November 17, 2005 through October 19, 2006. The amendments
addressed in this final rule pertain to the continued exemption (use)
and prohibition of 168 substances in organic production and handling.
Consistent with the recommendations from the NOSB, this final rule
renews 165 exemptions and prohibitions on the National List (along with
any restrictive annotations) and removes 3 exemptions from the National
List.
DATES: Effective Date: This rule becomes effective October 21, 2007.
FOR FURTHER INFORMATION CONTACT: Arthur Neal, Director, Program
Administration, Telephone: (202) 720-3252; Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
The Organic Foods Production Act (OFPA), 7 U.S.C. 6501 et seq.,
authorizes the establishment of the National List of allowed and
prohibited substances. The National List identifies synthetic
substances (synthetics) that are exempted (allowed) and nonsynthetic
substances (nonsynthetics) that are prohibited in organic crop and
livestock production. The National List also identifies nonsynthetics
and synthetics that are exempted for use in organic handling.
The exemptions and prohibitions granted under the OFPA are required
to be reviewed every 5 years by the NOSB. The Secretary of Agriculture
has authority under the OFPA to renew such exemptions and prohibitions.
If they are not reviewed by the NOSB within 5 years of their inclusion
on the National List and renewed by the Secretary, their authorized use
or prohibition expires. This means that a synthetic substance exempted
for use on the National List in 2002 and currently allowed for use in
organic production will no longer be allowed for use after October 21,
2007; a non-synthetic substance prohibited from use on the National
List in 2002 and currently prohibited from use in organic production
will be allowed after October 21, 2007; and a synthetic or nonsynthetic
substance exempted for use on the National List and currently allowed
for use in organic handling will be prohibited after October 21, 2007.
This final rule amends the National List to reflect recommendations
submitted to the Secretary by the NOSB concerning the continued use and
prohibition of 168 substances in organic production and handling.
Consistent with the recommendations from the NOSB, this final rule
renews 165 exemptions and prohibitions on the National List (along with
any restrictive annotations) and removes 3 exemptions from the National
List.
Under the authority of the OFPA, as amended, (7 U.S.C. 6501 et
seq.), the National List can be amended by the Secretary based on
proposed amendments developed by the NOSB. Since established, the
National List has been amended five times, October 31, 2003 (68 FR
61987), November 3, 2003 (68 FR 62215), October 21, 2005 (70 CFR
61217), September 11, 2006 (71 FR 53299), and June 27, 2007 (72 FR
35137).
II. Overview of Amendments
The following provides an overview of the amendments made to
designated sections of the National List regulations:
Renewals
This final rule amends the USDA's National organic regulations (7
CFR part 205) to renew exemptions and prohibitions for the following
substances in organic agricultural production and handling (use
categories and any restrictive annotations remain unchanged, but have
been omitted from this overview):
Section 205.601 Synthetic Substances Allowed for Use in Organic Crop
Production
1. Ethanol.
2. Isopropanol.
3. Calcium hypochlorite.
4. Chlorine dioxide.
5. Sodium hypochlorite.
6. Hydrogen peroxide.
7. Soap-based algicide/demossers.
8. Herbicides, soap-based.
9. Newspaper or other recycled paper, without glossy or colored
inks.
10. Plastic mulch and covers.
11. Newspapers or other recycled paper, without glossy or colored
inks.
12. Soaps, ammonium.
13. Ammonium carbonate.
14. Boric acid.
15. Elemental sulfur.
16. Lime sulfur-including calcium polysulfide.
17. Oils, horticultural-narrow range oils as dormant, suffocating,
and summer oils.
18. Soaps, insecticidal.
19. Sticky traps/barriers.
20. Pheromones.
21. Sulfur dioxide.
22. Vitamin D3.
23. Copper hydroxide.
24. Copper oxide.
25. Copper oxychloride.
26. Copper sulfate.
27. Hydrated lime.
28. Hydrogen peroxide.
29. Lime sulfur.
30. Oils, horticultural, narrow range oils as dormant, suffocating,
and summer oils.
31. Potassium bicarbonate.
32. Elemental sulfur.
33. Streptomycin.
34. Tetracycline (oxytetracycline calcium complex).
35. Aquatic plant extracts (other than hydrolyzed).
36. Elemental sulfur.
37. Humic acids.
38. Lignin sulfonate.
39. Magnesium sulfate.
[[Page 58470]]
40. Soluble boron products.
41. Sulfates.
42. Carbonates.
43. Oxides.
44. Silicate of zinc.
45. Silicate of copper.
46. Silicate of iron.
47. Silicate of manganese.
48. Silicate of molybdenum.
49. Silicate of selenium.
50. Silicate of cobalt.
51. Liquid fish products.
52. Vitamin B1.
53. Vitamin C.
54. Vitamin E.
55. Ethylene gas.
56. Lignin sulfonate.
57. Sodium silicate.
58. EPA List 4--Inerts of Minimal Concern.
Section 205.602 Nonsynthetic Substances Prohibited for Use in Organic
Crop Production
1. Ash from manure burning.
2. Arsenic.
3. Lead salts.
4. Potassium chloride.
5. Sodium fluoaluminate (mined).
6. Sodium nitrate.
7. Strychnine.
8. Tobacco dust (nicotine sulfate).
Section 205.603 Synthetic Substances Allowed for Use in Organic
Livestock Production
1. Ethanol.
2. Isopropanol.
3. Aspirin.
4. Vaccines.
5. Chlorhexidine.
6. Calcium hypochlorite.
7. Chlorine dioxide.
8. Sodium hypochlorite.
9. Electrolytes.
10. Glucose.
11. Glycerine.
12. Hydrogen peroxide.
13. Iodine.
14. Magnesium sulfate.
15. Oxytocin.
16. Ivermectin.
17. Phosphoric acid.
18. Copper sulfate.
19. Iodine.
20. Lidocaine.
21. Lime, hydrated.
22. Mineral oil.
23. Procaine.
24. Trace minerals.
25. Vitamins.
26. EPA List 4--Inerts of Minimal Concern.
Section 205.604 Nonsynthetic Substances Prohibited for Use in Organic
Livestock Production
1. Strychnine.
Section 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:
1. Alginic acid.
2. Citric acid.
3. Lactic acid.
4. Bentonite.
5. Calcium carbonate.
6. Calcium chloride.
7. Dairy cultures.
8. Diatomaceous earth.
9. Enzymes.
10. Flavors.
11. Kaolin.
12. Magnesium sulfate.
13. Nitrogen-oil-free grades.
14. Oxygen-oil-free grades.
15. Perlite.
16. Potassium chloride.
17. Potassium iodide.
18. Sodium bicarbonate.
19. Sodium carbonate.
20. Carnauba wax.
21. Wood resin wax.
22. Autolysate yeast.
23. Bakers yeast.
24. Brewers yeast.
25. Nutritional yeast.
26. Smoked yeast.
(b) Synthetics allowed:
1. Alginates.
2. Ammonium bicarbonate.
3. Ammonium carbonate.
4. Ascorbic acid.
5. Calcium citrate.
6. Calcium hydroxide.
7. Monobasic calcium phosphates.
8. Dibasic calcium phosphates.
9. Tribasic calcium phosphates.
10. Carbon dioxide.
11. Calcium hypochlorite.
12. Chlorine dioxide.
13. Sodium hypochlorite.
14. Ethylene.
15. Ferrous sulfate.
16. Monoglycerides.
17. Diglycerides.
18. Glycerin.
19. Hydrogen peroxide.
20. Lecithin--bleached.
21. Magnesium carbonate.
22. Magnesium chloride.
23. Magnesium stearate.
24. Nutrient vitamins.
25. Nutrient minerals.
26. Ozone.
27. Pectin (low-methoxy).
28. Phosphoric acid.
29. Potassium acid tartrate.
30. Potassium carbonate.
31. Potassium citrate.
32. Potassium hydroxide.
33. Potassium iodide.
34. Potassium phosphate.
35. Silicon dioxide.
36. Sodium citrate.
37. Sodium hydroxide.
38. Sodium phosphates.
39. Sulfur dioxide.
40. Tocopherols.
41. Xanthan gum.
Section 205.606 Nonorganically Produced Agricultural Products Allowed
as Ingredients in or on Processed Products Labeled as ``Organic''
1. Cornstarch (native).
2. Gums--water extracted only (arabic, guar, locust bean, carob
bean).
3. Kelp--for use only as a thickener and dietary supplement.
4. Lecithin--unbleached.
5. Pectin (high-methoxy).
Nonrenewals
This final rule amends the USDA's National List by removing
exemptions (and any restrictive annotations) for the following
substances in organic agricultural production and handling:
Section 205.603 Synthetic Substances Allowed for Use in Organic
Livestock Production
Milk replacers without antibiotics, as emergency use only, no
nonmilk products or products from BST treated animals.
Section 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))''
Colors--nonsynthetic sources only.
Potassium tartrate made from tartaric acid.
Error in Proposed Rule
In review of the proposed rule, the Secretary identified that
carrageenan was included in the proposal as an exemption set to expire
on October 21, 2007. This is not correct. Carrageenan was amended to
the National List on October 31, 2003 (68 FR 61987) and has an
expiration date of October 31, 2008, not October 31, 2007. As a result,
the renewal of carrageenan will not be carried out through this
rulemaking. The exemption will remain in effect on the National List
until October 31, 2008. Continued use of the exemption after such date
will be contingent upon future rulemaking.
III. Related documents
One advanced notice of proposed rulemaking with request for
comments was published in Federal Register Notice 70 FR 35177, June 17,
2005, to make the public aware that the
[[Page 58471]]
allowance of 169 synthetic and non-synthetic substances in organic
production and handling will expire, if not reviewed by the NOSB and
renewed by the Secretary. On March 6, 2007, a proposed rule with
request for comments was published in Federal Register Notice 72 FR
9872.
IV. Statutory and Regulatory Authority
The OFPA, as amended (7 U.S.C. 6501 et seq.), authorizes the
Secretary to make amendments to the National List based on proposed
amendments developed by the NOSB. Sections 6518(k)(2) and 6518(n) of
OFPA authorize the NOSB to develop proposed amendments to the National
List for submission to the Secretary and establish a petition process
by which persons may petition the NOSB for the purpose of having
substances evaluated for inclusion on or deletion from the National
List. The National List petition process is implemented under Sec.
205.607 of the NOP regulations. The current petition process (72 FR
2167, January 18, 2007) can be accessed through the NOP Web site at
http://www.ams.usda.gov/nop.
A. Executive Order 12866
This action has been determined not significant for purposes of
Executive Order 12866, and therefore, has not been reviewed by the
Office of Management and Budget.
B. Executive Order 12988
Executive Order 12988 instructs each executive agency to adhere to
certain requirements in the development of new and revised regulations
in order to avoid unduly burdening the court system. This final rule is
not intended to have a retroactive effect.
States and local jurisdictions are preempted under the OFPA from
creating programs of accreditation for private persons or State
officials who want to become certifying agents of organic farms or
handling operations. A governing State official would have to apply to
USDA to be accredited as a certifying agent, as described in Sec.
6514(b) of the OFPA (7 U.S.C. 6514(b)). States are also preempted under
Sec. Sec. 6503 through 6507 of the OFPA (7 U.S.C. 6503 through 6507)
from creating certification programs to certify organic farms or
handling operations unless the State programs have been submitted to,
and approved by, the Secretary as meeting the requirements of the OFPA.
Pursuant to section 6507(b)(2) of the OFPA (7 U.S.C. 6507(b)(2)), a
State organic certification program may contain additional requirements
for the production and handling of organically produced agricultural
products that are produced in the State and for the certification of
organic farm and handling operations located within the State under
certain circumstances. Such additional requirements must: (a) Further
the purposes of the OFPA, (b) not be inconsistent with the OFPA, (c)
not be discriminatory toward agricultural commodities organically
produced in other States, and (d) not be effective until approved by
the Secretary.
Pursuant to section 6519(f) of the OFPA (7 U.S.C. 6519(f)), this
final rule would not alter the authority of the Secretary under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspections Act (21 U.S.C. 451 et seq.), or the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.), concerning meat, poultry, and
egg products, nor any of the authorities of the Secretary of Health and
Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C.
301 et seq.), nor the authority of the Administrator of the
Environmental Protection Agency (EPA) under the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.).
Section 6520 of the OFPA (7 U.S.C. 6520) provides for the Secretary
to establish an expedited administrative appeals procedure under which
persons may appeal an action of the Secretary, the applicable governing
State official, or a certifying agent under this title that adversely
affects such person or is inconsistent with the organic certification
program established under this title. The OFPA also provides that the
U.S. District Court for the district in which a person is located has
jurisdiction to review the Secretary's decision.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
requires agencies to consider the economic impact of each rule on small
entities and evaluate alternatives that would accomplish the objectives
of the rule without unduly burdening small entities or erecting
barriers that would restrict their ability to compete in the market.
The purpose is to fit regulatory actions to the scale of businesses
subject to the action. Section 605 of the RFA allows an agency to
certify a rule, in lieu of preparing an analysis, if the rulemaking is
not expected to have a significant economic impact on a substantial
number of small entities.
Pursuant to the requirements set forth in the RFA, the Agricultural
Marketing Service (AMS) performed an economic impact analysis on small
entities in the final rule published in the Federal Register on
December 21, 2000 (65 FR 80548). The AMS has also considered the
economic impact of this action on small entities. The impact on
entities affected by this final rule would not be significant. This
action would reauthorize certain provisions of the National List to
provide small entities continued access to tools that they can use in
day-to-day operations. The AMS concludes that the economic impact of
this final rule, if any, would be minimal and entirely beneficial to
small agricultural service firms. Accordingly, USDA certifies that this
rule will not have a significant economic impact on a substantial
number of small entities.
Small agricultural service firms, which include producers,
handlers, and accredited certifying agents, have been defined by the
Small Business Administration (SBA) (13 CFR 121.201) as those having
annual receipts of less than $6,500,000 and small agricultural
producers are defined as those having annual receipts of less than
$750,000. This final rule would have an impact on a substantial number
of small entities.
Based upon USDA's Economic Research Service and AMS data compiled
from 2001 to 2005, the U.S. organic industry at the end of 2005
included nearly 8,500 certified organic crop and livestock operations,
plus more than 2,900 handling operations. Organic crop and livestock
operations reported certified acreage totaling more than 4.05 million
acres of organic farm production. Total number of organic crop and
livestock operations increased by more than 18 percent from 2001 to
2005, while total certified acreage more than doubled during this time
period. AMS estimates that these trends continued through 2006 and will
be higher in 2007.
U.S. sales of organic food and beverages have grown from $1 billion
in 1990 to nearly $17 billion in 2006. Organic food sales are projected
to reach $23.8 billion for 2010. The organic industry is viewed as the
fastest growing sector of agriculture, currently representing nearly 3
percent of overall food and beverage sales. Since 1990, organic retail
sales have historically demonstrated a growth rate between 20 to 24
percent each year including a 22 percent increase in 2006.
In addition, USDA has accredited 99 certifying agents who have
applied to USDA to be accredited in order to provide certification
services to producers and handlers. A complete list of names and
addresses of accredited certifying agents may be found on the NOP Web
[[Page 58472]]
http://www.ams.usda.gov/nop. AMS believes that most of these entities would be
considered small entities under the criteria established by the SBA.
D. Paperwork Reduction Act
Under the OFPA, no additional collection or recordkeeping
requirements are imposed on the public by this final rule. Accordingly,
OMB clearance is not required by section 350(h) of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501, et seq., or OMB's implementing
regulation at 5 CFR part 1320.
AMS is committed to compliance with the Government Paperwork
Elimination Act (GPEA), which requires Government agencies in general
to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
E. Received Comments on Proposed Rule AMS-TM-06-0222
AMS received 11 comments on proposed rule AMS-TM-06-0222. Comments
were received from organic consumers, trade associations, organic
handlers, ingredient manufacturers, and one foreign government. In
general, comments were in support of the proposed rule. One commenter
questioned of whether AMS had made errors in listing certain proposed
substances under Sec. 205.601 by duplicating entries. Specifically,
the commenter questioned whether hydrogen peroxide, newspaper or other
recycled paper, elemental sulfur, horticultural oils, and lignin
sulfonate were duplicates and entered in error. In response to the
concern expressed by the commenter, AMS did not list the aforementioned
substances in error. The substances appear twice under Sec. 205.601 of
the National List because they have multiple uses. For example,
hydrogen peroxide is authorized and listed for use under Sec.
205.601(a) as an algicide, disinfectant, and sanitizer. It is also
authorized and listed for use under Sec. 205.601(i) as a plant disease
control.
A few commenters requested that certain proposed exemptions be
discontinued due to the assertions that the substances were either (1)
nonsynthetic and did not require identification on the National List or
(2) were no longer necessary for organic production due to the presence
of an alternative. USDA believes that these comments did not provide
sufficient information/documentation to support the assertions. We
recommend that the commenters submit petitions to the NOSB and have the
substances of interest reviewed through the National List review
process.
A foreign government requested that the Secretary provide
scientific justification for the use of Potassium bicarbonate, Humic
acids, Lignon sulfonoate, and liquid fish products in organic
production. The comment noted that such substances are not included in
Annex 2 of the Codex Guidelines for Organically Produced Foods or do
not meet Section 5 of the Codex Guidelines. The foreign government also
requested the Secretary to explain why the NOSB did not consider
removing the prohibition on the use of ``Ash from manure burning'' as
they believe its use complies with the principles of organic
production. Lastly, they requested an explanation as to why the
exemption for nonsynthetic colors was proposed for removal from the
National List whereas the exemption for nonsynthetic flavors was
proposed for retention.
In response to the comments regarding Potassium bicarbonate, Humic
acids, Lignon sulfonate, and liquid fish products, these substances
have been determined by the NOSB and the Secretary to meet national
statutory and regulatory provisions regarding the use of substances in
organic agriculture (the OFPA). In addition, the USDA does not believe
that such substances are inconsistent with the Codex Guidelines. The
Guidelines provide that national governments take the following
criteria into consideration when making determinations on the addition
of substances to their National Lists: (1) Substances are consistent
with principles of organic production as outlined in these Guidelines;
(2) use of the substance is necessary/essential for its intended use;
(3) manufacture, use and disposal of the substance does not result in,
or contribute to, harmful effects on the environment; (4) they have the
lowest negative impact on human or animal health and quality of life;
and (5) approved alternatives are not available in sufficient quantity
and/or quality. All of these have been criteria have been taken into
consideration for determining the whether Potassium bicarbonate, Humic
acids, Lignon sulfonate, and liquid fish products are compatible with
organic systems of agriculture.
In addition, the foreword to Annex 2 of the Codex Guidelines
provides that ``The following lists (Annex 2: Tables 1, 2, 3, and 4) do
not attempt to be all inclusive or exclusive, or a finite regulatory
tool, but rather provide advice to governments on internationally
agreed inputs.'' Therefore, we believe that the absence of a substance
from Annex 2 of the Codex Guidelines does not mean that the substance
is inconsistent with the Codex Guidelines. Instead, we believe that the
Codex Guidelines are more focused on the system of review and criteria
utilized by national governments to accept or reject the use of
substances in organic agriculture. Our National List review system
embodies the criteria of the Codex Guidelines; it also engages science,
public interests/comments, and federal agency consultations that help
contribute to well-informed decision-making.
In response to the foreign government's comment on why the NOSB did
not consider removing the prohibition on the use of ``Ash from manure
burning,'' the NOSB, based on input from the public, did not believe
the prohibition on the use of ``Ash from manure burning'' should be
lifted. Manure ash was originally prohibited due to the environmental
impact of its manufacture and its adverse impact on soil quality when
compared with compost and raw manure.
Lastly, with respect to the foreign government's question as to why
the exemption for nonsynthetic colors was proposed for removal from the
National List whereas the exemption for nonsynthetic flavors was
proposed for retention, the NOSB voted not to renew the exemption to
permit the use of nonsynthetic colors in organic handling because the
substance category (nonsynthetic colors) had never received a formal
recommendation from the NOSB to be included on the National List during
the promulgation of the NOP regulations. Nonsynthetic colors were
erroneously included in the final rule. As a result, the NOSB received
several comments to remove the category of nonsynthetic colors from the
National List, as nonsynthetic colors should be evaluated by the NOSB
through the petition process.
The NOSB took comments into account that raised concern about how
the broad category of ``nonsynthetic colors'' produces difficulty in
determining and verifying what colors are truly nonsynthetic versus
synthetic and how such ambiguity could give rise to the use of
inappropriate substances in organically handled products. In addition,
the NOSB also deliberated on the historical fact that nonsynthetic
colors had been permitted for use by the organic industry for over five
years. As a result, commenters raised a general concern that removing
nonsynthetic colors from the National List could cause a disruption in
the manufacture of organic products in the organic handling sector.
Taking all of these concerns into consideration, the NOSB
[[Page 58473]]
considered that in the absence of an initial recommendation from the
NOSB to permit the addition of nonsynthetic colors as a broad category
that they could not continue to permit the exemption of nonsynthetic
colors on Sec. 205.605(a). As a result, the NOSB voted not to renew
the exemption of nonsynthetic colors on Sec. 205.605(a).
F. Effective Date
This final rule reflects recommendations submitted to the Secretary
by the NOSB for the purpose of fulfilling the requirements of 7 U.S.C.
6517(e) of the OFPA. 7 U.S.C. 6517(e) requires the NOSB to review each
substance on the National List within 5 years of its publication. The
substances being reauthorized for use on the National List were
initially authorized for use or prohibition in organic agriculture on
October 21, 2002. Because these substances are critical to organic
production and handling operations, producers and handlers should be
able to continue to use them beyond their 5-year expiration date of
October 21, 2007. Accordingly, this rule shall be effective on October
21, 2007.
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agriculture, Animals,
Archives and records, Imports, Labeling, Organically produced products,
Plants, Reporting and recordkeeping requirements, Seals and insignia,
Soil conservation.
0
For the reasons set forth in the preamble, 7 CFR part 205, Subpart G is
amended as follows:
PART 205--NATIONAL ORGANIC PROGRAM
0
1. The authority citation for 7 CFR part 205 continues to read as
follows:
Authority: 7 U.S.C. 6501-6522.
0
2. Section 205.603 is revised to read as follows:
Sec. 205.603 Synthetic substances allowed for use in organic
livestock production.
In accordance with restrictions specified in this section the
following synthetic substances may be used in organic livestock
production:
(a) As disinfectants, sanitizer, and medical treatments as
applicable.
(1) Alcohols.
(i) Ethanol-disinfectant and sanitizer only, prohibited as a feed
additive.
(ii) Isopropanol-disinfectant only.
(2) Aspirin-approved for health care use to reduce inflammation.
(3) Biologics--vaccines.
(4) Chlorhexidine--allowed for surgical procedures conducted by a
veterinarian. Allowed for use as a teat dip when alternative germicidal
agents and/or physical barriers have lost their effectiveness.
(5) Chlorine materials--disinfecting and sanitizing facilities and
equipment. Residual chlorine levels in the water shall not exceed the
maximum residual disinfectant limit under the Safe Drinking Water Act.
(i) Calcium hypochlorite.
(ii) Chlorine dioxide.
(iii) Sodium hypochlorite.
(6) Electrolytes--without antibiotics.
(7) Glucose.
(8) Glycerine--allowed as a livestock teat dip, must be produced
through the hydrolysis of fats or oils.
(9) Hydrogen peroxide.
(10) Iodine.
(11) Magnesium sulfate.
(12) Oxytocin--use in postparturition therapeutic applications.
(13) Paraciticides. Ivermectin-prohibited in slaughter stock,
allowed in emergency treatment for dairy and breeder stock when organic
system plan-approved preventive management does not prevent
infestation. Milk or milk products from a treated animal cannot be
labeled as provided for in subpart D of this part for 90 days following
treatment. In breeder stock, treatment cannot occur during the last
third of gestation if the progeny will be sold as organic and must not
be used during the lactation period for breeding stock.
(14) Phosphoric acid--allowed as an equipment cleaner, Provided,
That, no direct contact with organically managed livestock or land
occurs.
(b) As topical treatment, external parasiticide or local anesthetic
as applicable.
(1) Copper sulfate.
(2) Iodine.
(3) Lidocaine--as a local anesthetic. Use requires a withdrawal
period of 90 days after administering to livestock intended for
slaughter and 7 days after administering to dairy animals.
(4) Lime, hydrated--as an external pest control, not permitted to
cauterize physical alterations or deodorize animal wastes.
(5) Mineral oil--for topical use and as a lubricant.
(6) Procaine--as a local anesthetic, use requires a withdrawal
period of 90 days after administering to livestock intended for
slaughter and 7 days after administering to dairy animals.
(c) As feed supplements. None.
(d) As feed additives.
(1) DL-Methionine, DL-Methionine-hydroxy analog, and DL-Methionine-
hydroxy analog calcium (CAS 59-51-8; 63-68-3; 348-67-4) for
use only in organic poultry production until October 21, 2008.
(2) Trace minerals, used for enrichment or fortification when FDA
approved.
(3) Vitamins, used for enrichment or fortification when FDA
approved.
(e) As synthetic inert ingredients as classified by the
Environmental Protection Agency (EPA), for use with nonsynthetic
substances or a synthetic substances listed in this section and used as
an active pesticide ingredient in accordance with any limitations on
the use of such substances.
(1) EPA List 4--Inerts of Minimal Concern.
(2) [Reserved]
(f)-(z) [Reserved]
Sec. 205.605 [Amended]
0
3. In Sec. 205.605, substances ``colors, nonsynthetic sources only''
is removed from paragraph (a) and the substance ``Potassium tartrate
made from tartaric acid'' is removed from paragraph (b).
Dated: October 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-20326 Filed 10-15-07; 8:45 am]
BILLING CODE 3410-02-P