[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46411-46413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21610]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-TM-09-0060; TM-09-07]
Notice of Meeting of the National Organic Standards Board
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: In accordance with the Federal Advisory Committee Act, as
amended, the Agricultural Marketing Service (AMS) is announcing a
forthcoming meeting of the National Organic Standards Board (NOSB).
DATES: The meeting dates are Tuesday, November 3, 2009, 9 a.m. to 5
p.m.; Wednesday, November 4, 2009, 8 a.m. to 5 p.m.; and Thursday,
November 5, 2009, 8 a.m. to 5 p.m. Requests from individuals and
organizations wishing to make oral presentations at the meeting are due
by the close of business on October 19, 2009.
ADDRESSES: The meeting will take place at the Washington Plaza Hotel,
10 Thomas Circle, NW., Washington, DC 20005.
Requests for copies of the NOSB meeting agenda, may be
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-TMP-
NOP, 1400 Independence Ave., SW., Room 4004-So., Ag Stop 0268,
Washington, DC 20250-0268. The NOSB meeting agenda and proposed
recommendations may also be viewed at http://www.ams.usda.gov/nop.
Comments on proposed NOSB recommendations may be submitted
by the close of business of October 19, 2009, in writing to Ms. Valerie
Frances at either the postal address above or via the Internet at
http://www.regulations.gov only. The comments should identify Docket
No. AMS-TM-09-0060. It is our intention to have all comments to this
notice whether they are submitted by mail or the Internet available for
viewing on the http://www.regulations.gov Web site.
Requests to make an oral presentation at the meeting may
also be sent by October 19, 2009, to Ms. Valerie Frances at the postal
address above, by e-mail at [email protected], via facsimile
at (202) 205-7808, or phone at (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Valerie Frances, Executive Director,
NOSB, National Organic Program (NOP), (202) 720-3252, or visit the NOP
Web site at: http://www.ams.usda.gov/nop.
SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the Organic
Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.)
requires the establishment of the NOSB. The purpose of the NOSB is to
make recommendations about whether a substance should be allowed or
prohibited in organic production or handling, to assist in the
development of standards for substances to be used in organic
production, and to advise the Secretary on other aspects of the
implementation of the OFPA. The NOSB met for the first time in
Washington, DC, in March 1992, and currently has six subcommittees
working on various aspects of the organic program. The committees are:
Compliance, Accreditation, and Certification; Crops; Handling;
Livestock; Materials; and Policy Development.
In August of 1994, the NOSB provided its initial recommendations
for the NOP to the Secretary of Agriculture. Since that time, the NOSB
has submitted 170 addenda to its recommendations and reviewed more than
353 substances for inclusion on the National List of Allowed and
Prohibited Substances. The Department of Agriculture (USDA) published
its final National Organic Program regulation in the Federal Register
on December 21, 2000, (65 FR 80548). The rule became effective April
21, 2001.
In addition, the OFPA authorizes the National List of Allowed and
Prohibited Substances and provides that no allowed or prohibited
substance would remain on the National List for a period exceeding five
years unless the exemption or prohibition is reviewed and recommended
for renewal by the NOSB and adopted by the Secretary of Agriculture.
This expiration is commonly referred to as sunset of the National List.
The National List appears at 7 CFR part 205, subpart G.
The principal purposes of the NOSB meeting are to provide an
opportunity for the NOSB to receive an update from the USDA/NOP and
hear progress reports from NOSB committees regarding work plan items
and proposed action items. The last NOSB meeting was held on May 4-6,
2009, in Washington, DC.
At its last meeting, the Board recommended the addition of three
materials with one on the National List Sec. 205.601 for use in crops,
one on Sec. 205.603 for use in livestock and with one on Sec. 205.606
for use in handling.
At this meeting, the NOSB will conclude its review of 11 of the 12
materials scheduled to expire after September 12, 2011. There are two
[[Page 46412]]
synthetic substances: Hydrogen chloride (CAS 7647-01-0) and
Ferric phosphate (CAS 10045-86-0), currently allowed for use
in organic crop production, that will no longer be allowed for use
after September 12, 2011. There are ten materials: Egg white lysozyme
(CAS 9001-63-2), L-Malic acid (CAS 97-67-6),
Microorganisms, Activated charcoal (CAS s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS 108-91-8), Diethylaminoethanol (CAS
100-37-8), Octadecylamine (CAS 124-30-1), Peracetic
acid/Peroxyacetic acid (CAS 79-21-0), Sodium acid
pyrophosphate (CAS 7758-16-9), and Tetrasodium pyrophosphate
(CAS 7722-88-5), currently allowed for use in organic
handling, that will no longer be allowed for use after September 12,
2011. The sunset review process must be concluded no later than
September 12, 2011. If renewal is not concluded by those dates, the use
of these 12 materials will no longer be in compliance with the NOP.
The NOSB will also begin its review pertaining to the continued
exemption (use) of 37 agricultural products not commercially available
as organic that are scheduled to expire after June 27, 2012. These
products are allowed for use in organic handling in or on processed
products based on final commercial availability determinations by
accredited certifying agents. The NOSB will also begin its review
pertaining to the continued exemption (use) and prohibition of 166
substance listings used in organic production and handling scheduled to
expire after October 7, 2012.
At this meeting, the Policy Development Committee will present
recommendations regarding revisions to the NOSB Policy and Procedures
Manual.
The Compliance, Accreditation, and Certification Committee will
present their recommendation to the NOP for use as guidance for
retailers, accredited certifying agents, and the NOP on the allowance
and use of voluntary retail certification, and their recommendation for
rule change on the regulation of personal body care products under the
NOP.
The Crops Committee will present recommendations on the materials
peracetic acid and manganese sulfate monohydrate petitioned for use in
crops on Sec. 205.601.
The Crops Committee will conclude their review on the continued use
of the material exemptions for Hydrogen chloride (CAS 7647-
01-0) and will continue their review on the continued use of Ferric
phosphate (CAS 10045-86-0), with their respective annotations
and limitations, currently allowed for use in organic crop production,
that will no longer be allowed for use after September 12, 2011.
The Crops Committee will begin their review pertaining to the
continued exemption (use) the following synthetic substances allowed
for use in on Sec. 205.601 that are scheduled to expire after October
7, 2012 from use in organic crop production: Ethanol; Isopropanol;
Calcium hypochlorite; Chlorine dioxide; Sodium hypochlorite; Hydrogen
peroxide; Soap-based algicide/demossers; Herbicides, soap-based;
Newspaper or other recycled paper, without glossy or colored inks;
Plastic mulch and covers; Newspapers or other recycled paper, without
glossy or colored inks; Soaps, ammonium; Ammonium carbonate; Boric
acid; Elemental sulfur (3 uses); Lime sulfur; Oils, horticultural-
narrow range oils as dormant, suffocating, and summer oils (2 uses);
Soaps, insecticidal; Sticky traps/barriers; Pheromones; Sulfur dioxide;
Vitamin D3; Copper hydroxide; Copper oxide; Copper
oxychloride; Copper sulfate (2 uses); Hydrated lime; Hydrogen peroxide;
Lime sulfur; Potassium bicarbonate; Streptomycin; Tetracycline
(oxytetracycline calcium complex); Aquatic plant extracts (other than
hydrolyzed); Humic acids; Lignin sulfonate; Magnesium sulfate; Soluble
boron products; Sulfates, carbonates, oxides, or silicates of zinc,
copper, iron, manganese, molybdenum, selenium, and cobalt; Liquid fish
products; Vitamin B1; Vitamin C; Vitamin E; Ethylene gas;
Lignin sulfonate; Sodium silicate; and EPA List 4-Inerts of Minimal
Concern.
The Crops Committee will begin their review pertaining to the
continued prohibition of the following synthetic substances on Sec.
205.602 which are scheduled to expire and be allowed for use after
October 7, 2012 in organic crop production: Ash from manure burning;
Arsenic; Lead salts; Potassium chloride; Sodium fluoaluminate (mined);
Sodium nitrate; Strychnine; and Tobacco dust (nicotine sulfate).
The Materials Committee will present its recommendation to the NOP
for rule change on various definitions and the use of nanotechnology in
organic standards.
The Livestock Committee will present their recommendations on the
material Eprinomectin petitioned for use in livestock production on
Sec. 205.603.
The Livestock Committee will present its recommendations on
technical corrections to the annotations for the materials: Vaccines,
Excipients, Chlorhexidine, and Xylazine currently allowed on Sec.
205.603 for use in organic livestock production.
The Livestock Committee will also present their recommendations to
the NOP in regards to the development of more specific standards for
the improvement of animal welfare under organic management and for the
development of organic aquaculture standards for bivalves.
The Livestock Committee will begin their review pertaining to the
continued exemption (use) of the following synthetic substances allowed
for use in organic livestock production on Sec. 205.603 that are
scheduled to expire after October 7, 2012: Ethanol; Isopropanol;
Aspirin; Vaccines; Chlorhexidine; Calcium hypochlorite. Chlorine
dioxide; Sodium hypochlorite; Electrolytes; Glucose; Glycerine;
Hydrogen peroxide; Iodine; Magnesium sulfate; Oxytocin; Ivermectin;
Phosphoric acid; Copper sulfate; Iodine; Lidocaine; Lime, hydrated;
Mineral oil; Procaine; Trace minerals; Vitamins; EPA List 4-Inerts of
Minimal Concern.
The Livestock Committee will also begin their review pertaining to
the continued prohibition of the following synthetic substance on Sec.
205.604 which is scheduled to expire and be allowed for use after
October 7, 2012 in organic livestock production: Strychnine.
The Materials and Handling Committees will jointly present their
recommendations to the NOP to clarify the definitions of the National
List.
The Handling Committee will conclude their review on the continued
use of the material exemptions for ten materials: Egg White Lysozyme
(CAS 9001-63-2), L-Malic acid (CAS 97-67-6),
Microorganisms, Activated charcoal (CAS s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS 108-91-8), Diethylaminoethanol (CAS
100-37-8), Octadecylamine (CAS 124-30-1), Peracetic
acid/Peroxyacetic acid (CAS 79-21-0), Sodium acid
pyrophosphate (CAS 7758-16-9), and Tetrasodium pyrophosphate
(CAS 7722-88-5), with their respective annotations and
limitations currently allowed for use in organic handling on Sec.
205.605, that will no longer be allowed for use after September 12,
2011.
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the nonorganically produced agricultural
products allowed as ingredients in or on processed products labeled as
``organic'' on Sec. 205.606 depending on final commercial availability
determinations performed by accredited certifying agents scheduled to
expire after June 27, 2012.
[[Page 46413]]
The following are allowed as color ingredients from agricultural
products: Annatto extract color (pigment CAS 1393-63-1)--
water and oil soluble; Beet juice extract color (pigment CAS
7659-95-2); Beta-Carotene extract color from carrots (CAS
1393-63-1); Black currant juice color (pigment CAS 's: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Black/Purple
carrot juice color (pigment CAS 's: 528-58-5, 528-53-0, 643-
84-5, 134-01-0, 1429-30-7, and 134-04-3); Blueberry juice color
(pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-
30-7, and 134-04-3); Carrot juice color (pigment CAS 1393-63-
1); Cherry juice color (pigment CAS 's: 528-58-5, 528-53-0,
643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Chokeberry--Aronia juice
color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0,
1429-30-7, and 134-04-3); Elderberry juice color (pigment CAS
's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and
134-04-3); Grape juice color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Grape skin extract
color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0,
1429-30-7, and 134-04-3); Paprika color--dried powder and vegetable oil
extract (CAS 68917-78-2); Pumpkin juice color (pigment CAS
127-40-2); Purple potato juice color (pigment CAS
's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and
134-04-3); Red cabbage extract color (pigment CAS 's: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Red radish
extract color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5,
134-01-0, 1429-30-7, and 134-04-3); Saffron extract color (pigment CAS
1393-63-1), and Turmeric extract color (CAS 458-37-
7).
The following are allowed as ingredients or processing aids from
agricultural products: Casings, from processed intestines (no CAS
); Celery powder (No CAS ); Chia (Salvia hispanica
L.) (no CAS ); Dillweed oil (CAS 8006-75-5); Fish
oil (Fatty acid CAS 's: 10417-94-4, and 25167-62-8);
Fructooligosaccharides (CAS 308066-66-2); Galangal, frozen
(no CAS ); Gelatin (CAS 9000-70-8); Hops (Humulus
lupulus) (no CAS ); Inulin, oligofructose enriched (CAS
9005-80-5); Konjac flour (CAS 37220-17-0);
Lemongrass, frozen (no CAS ); Orange shellac, unbleached (CAS
9000-59-3); Pepper, chipotle chile (no CAS ); Sweet
potato starch, for bean thread production only (no CAS );
Turkish bay leaves (no CAS ); Wakame seaweed (Undaria
pinnatifida) (no CAS ); and Whey protein concentrate (no CAS
).
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the following nonagricultural (nonorganic)
substances allowed as ingredients in or on processed products labeled
as ``organic'' or ``made with organic (specified ingredients or food
groups(s)) currently scheduled for expiration after October 7, 2012
from Sec. 205.605 as (a) Nonsynthetics allowed: Acids (Alginic;
Citric; and Lactic); Bentonite; Calcium carbonate; Calcium chloride;
Carageenan; Dairy cultures; Diatomaceous earth; Enzymes; Flavors;
Kaolin; Magnesium sulfate; Nitrogen; Oxygen; Perlite; Potassium
chloride; Potassium iodide; Sodium bicarbonate; Sodium carbonate;
Waxes; Yeast (Autolysate; Bakers; Brewers; Nutritional; and Smoked).
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the following nonagricultural (nonorganic)
substances allowed as ingredients in or on processed products labeled
as ``organic'' or ``made with organic (specified ingredients or food
groups(s)) currently scheduled for expiration after October 7, 2012
listed on Sec. 205.605 as (b) Synthetics allowed: Alginates; Ammonium
bicarbonate; Ammonium carbonate; Ascorbic acid; Calcium citrate;
Calcium hydroxide; Calcium phosphates (monobasic, dibasic, and
tribasic); Carbon dioxide; Chlorine materials (Calcium hypochlorite;
Chlorine dioxide; and Sodium hypochlorite); Ethylene; Ferrous sulfate;
Glycerides (mono and di) Glycerin; Hydrogen peroxide; Lecithin--
bleached; Magnesium carbonate; Magnesium chloride; Magnesium stearate;
Nutrient vitamins and minerals; Ozone; Pectin (low-methoxy); Phosphoric
acid; Potassium acid tartrate; Potassium carbonate; Potassium citrate;
Potassium hydroxide; Potassium iodide; Potassium phosphate; Silicon
dioxide; Sodium citrate; Sodium hydroxide; Sodium phosphates; Sulfur
dioxide; Tocopherols; and Xanthan gum.
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the nonorganically produced agricultural
products allowed as ingredients in or on processed products labeled as
``organic'' on Sec. 205.606 depending on final commercial availability
determinations performed by accredited certifying agents that are
scheduled to expire after October 7, 2012. They are as follows:
Cornstarch (native); Gums-water extracted only (arabic, guar, locust
bean, carob bean); Kelp; Lecithin-unbleached; and Pectin (high-
methoxy).
The Meeting is Open to the Public. The NOSB has scheduled time for
public input for Tuesday, November 3, 2009, from 10:45 a.m. to 5 p.m.
and Wednesday, November 4, 2009, from 3:30 p.m. to 5 p.m. Individuals
and organizations wishing to make oral presentations at the meeting may
forward their requests by mail, facsimile, e-mail, or phone to Ms.
Valerie Frances as listed in ADDRESSES above. Individuals or
organizations will be given approximately five minutes to present their
views. All persons making oral presentations are requested to provide
their comments in writing. Written submissions may contain information
other than that presented at the oral presentation. Anyone may submit
written comments at the meeting. Persons submitting written comments
are asked to provide 30 copies.
Interested persons may visit the NOSB portion of the NOP Web site
at http://www.ams.usda.gov/nop to view available meeting documents
prior to the meeting, or visit http://www.regulations.gov to submit and
view comments as provided for in ADDRESSES above. Documents presented
at the meeting will be posted for review on the NOP Web site
approximately six weeks following the meeting.
Dated: August 28, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21610 Filed 9-8-09; 8:45 am]
BILLING CODE 3410-02-P