[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51919-51924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20977]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-10-0051; NOP-10-04IR]
RIN 0581-AD04
National Organic Program; Amendment to the National List of
Allowed and Prohibited Substances (Livestock)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the U.S. Department of Agriculture's
(USDA) National List of Allowed and Prohibited Substances (National
List) to incorporate a recommendation submitted to the Secretary of
Agriculture (Secretary) by the National Organic Standards Board (NOSB)
on April 29, 2010. Consistent with the recommendation from the NOSB,
this interim rule revises the annotation of one substance on the
National List, methionine, to extend its use in organic poultry
production until October 1, 2012, at the following maximum levels of
synthetic methionine per ton of feed: Laying chickens--4 pounds;
broiler chickens--5 pounds; turkeys and all
[[Page 51920]]
other poultry--6 pounds. Comments are requested on this interim rule.
On April 29, 2010, the NOSB also recommended to extend the
allowance for synthetic methionine beyond October 1, 2012, to October
1, 2015, and decrease the maximum level of synthetic methionine
permitted per ton of feed ration to the following levels: 2 pounds for
laying and broiler chickens, and 3 pounds for turkeys and all other
poultry. The NOSB further recommended that consideration of synthetic
methionine after its anticipated October 1, 2015 expiration should take
place through the Board's sunset review process rather than through the
petition process. The Secretary intends to incorporate the NOSB's
recommended reductions in allowable levels in a subsequent rulemaking
to address the allowance for synthetic methionine for the period
between October 1, 2012, and October 15, 2015.
DATES: Effective Date: This interim rule becomes effective October 1,
2010. All comments received by October 25, 2010 will be considered
prior to the issuance of a final rule. The agency will publish the
final rule no later than March 2011.
ADDRESSES: Interested persons may submit written comments on this
interim rule using the following addresses:
Internet: http://www.regulations.gov.
Mail: Toni Strother, Agricultural Marketing Specialist,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW.,
Room 2646-So., Ag Stop 0268, Washington, DC 20250.
Written comments responding to this interim rule should be
identified with the docket number AMS-NOP-10-0051; NOP-10-04. You
should clearly state whether you support the amendment of the
annotation for the continued allowance of synthetic methionine in
poultry production until October 1, 2012, at the maximum levels per ton
of synthetic methionine in the feed ration, with clearly indicated
reason(s) for your position. You should also offer any recommended
language changes that would be appropriate for your position. Please
include relevant information and data to support your position (e.g.,
scientific, environmental, manufacturing, industry, impact information,
etc.). Only relevant material supporting your position should be
submitted.
It is our intention to have all comments concerning this interim
rule, including names and addresses when provided, whether submitted by
mail or Internet, available for viewing on the Regulations.gov (http://www.regulations.gov) Internet site. Comments submitted in response to
this interim rule will also be available for viewing in person at USDA,
AMS, National Organic Program, Room 2646-South Building, Stop 0268,
1400 Independence Ave., SW., Washington, DC 20250, from 9 a.m. to 12
noon and from 1 p.m. to 4 p.m., Monday through Friday (except official
Federal holidays). Persons wanting to visit the USDA South Building to
view comments received in response to this interim rule are requested
to make an appointment in advance by calling (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Director, Standards
Division, National Organic Program, USDA-AMS-NOP, 1400 Independence
Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 20250-0268.
Telephone: (202) 720-3252.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 2000, the Secretary established within the NOP [7
CFR part 205] the National List regulations Sec. Sec. 205.600 through
205.607. The National List identifies synthetic substances that may be
used in organic production and nonsynthetic (natural) substances that
may not be used. The National List also identifies nonagricultural
nonsynthetic, nonagricultural synthetic, and nonorganic agricultural
substances that may be used in organic production and handling.
The Organic Foods Production Act of 1990 (OFPA), as amended (7
U.S.C. 6501-6522), and NOP regulations Sec. 205.105 specifically
prohibit the use of any synthetic substance for organic production and
handling unless provided on the National List. Section 205.105 also
requires that any nonorganic agricultural or nonsynthetic
nonagricultural substance used in organic handling be on the National
List. Under the OFPA, the NOSB reviews exemptions for allowed synthetic
substances every 5 years. If the NOSB recommends renewal, then the
Secretary has authority under the OFPA to renew such exemptions. If
they are not reviewed by the NOSB and renewed by the Secretary within 5
years of their inclusion on the National List, their authorized use
expires.
Under the authority of the OFPA, 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 twelve times:
October 31, 2003 (68 FR 61987); November 3, 2003 (68 FR 62215); October
21, 2005 (70 FR 61217); June 7, 2006 (71 FR 32803); September 11, 2006
(71 FR 53299); June 27, 2007 (72 FR 35137); October 16, 2007 (72 FR
58469); December 10, 2007 (72 FR 69569); December 12, 2007 (72 FR
70479); September 18, 2008 (73 FR 54057); October 9, 2008 (73 FR
59479); and July 6, 2010 (75 FR 38693). Additionally, a proposed
amendment to the National List was published on June 3, 2009 (74 FR
26591).
II. Overview of Amendment
This interim rule amends the National List to reflect a
recommendation adopted by the NOSB on April 29, 2010, and subsequently
forwarded to the Secretary. The NOSB reviewed the use of synthetic
methionine in organic poultry production using the evaluation criteria
specified in OFPA (7 U.S.C. 6517-6518) and the Secretary has reviewed
the NOSB's recommendation.
The current listing of synthetic methionine will expire on October
1, 2010. This rule is issued to ensure the continued use of synthetic
methionine after this date and avoid any disruption to the organic
poultry market. A final rule will be issued no later than March 2011.
The record indicates that the provision of methionine, the use of which
is currently allowed, remains an essential dietary component for
poultry in organic production and issuance of this interim rule
maintains its use.
Section 205.603 Synthetic Substances Allowed for Use in Organic
Livestock Production
This interim rule amends Sec. 205.603(d)(1) by changing ``October
1, 2010'' to ``October 1, 2012'' and imposing maximum levels based on
each ton of feed ration. Section 205.603(d)(1) now reads as follows:
DL--Methionine, DL--Methionine hydroxyl analog, and DL--
Methionine hydroxyl analog calcium (CAS 59-51-8; 63-68-3;
348-67-4)--for use only in organic poultry production until October
1, 2012, at the following maximum levels of synthetic methionine per
ton of feed: Laying chickens--4 pounds; broiler chickens--5 pounds;
turkeys and all other poultry--6 pounds.
Methionine was originally included on the National List on October
31, 2003, with an early expiration date of October 21, 2005 (the normal
allowance for a substance added to the National List is five years from
the listing date). It is a colorless or white crystalline powder that
is soluble in water. Methionine is classified as an essential amino
acid because it cannot be biologically produced by poultry and is
[[Page 51921]]
necessary to maintain viability. Natural feed sources with high
percentages of methionine include bloodmeal, fish meal, crab meal, corn
gluten meal, and sunflower seed meal. It is regulated as an animal feed
nutritional supplement by the Food and Drug Administration (21 CFR
582.5475). Organic livestock producers had petitioned the substance as
a part of the NOSB's initial review of synthetic amino acids. The
petitioners asserted that methionine was a necessary dietary supplement
for organic poultry and that there was an inadequate supply of
allowable organic feeds containing sufficient concentrations of
naturally occurring methionine. Petitioners suggested that synthetic
methionine would be fed as a dietary supplement to organic poultry at
levels ranging from 0.3 to 0.5 percent of the animal's total diet. The
petitioners also asserted that a prohibition on the use of synthetic
methionine would contribute to nutritional deficiencies in organic
poultry thereby jeopardizing the animals' health. After reviewing a
Technical Advisory Panel analysis of the evaluation criteria provided
in the OFPA (7 U.S.C. 6517-6518), the NOSB determined that the use of
synthetic methionine was consistent with a system of organic
production. On October 16, 2001, the NOSB recommended that the
Secretary include methionine on the National List of Allowed Synthetics
for use in organic poultry production with an early expiration date
(October 21, 2005). The NOSB recommended the early expiration date to
encourage organic producers to phase out synthetic methionine as a feed
additive by identifying and incorporating natural and allowable sources
into poultry diets.
On January 10, 2005, two organic poultry producers petitioned the
NOSB to extend the use of synthetic methionine in organic poultry
production beyond October 21, 2005. The producers stated that they had
been unable to develop suitable natural alternatives for synthetic
methionine in organic poultry diets. The petitioners requested the
extension to provide additional time for the development of these
alternatives. The petition included preliminary research results on
natural sources of methionine that highlighted the challenge of meeting
the maintenance requirements for poultry with allowed organic and
natural feed ingredients. Although inconclusive, the preliminary
results demonstrated that research trials were underway to identify
natural alternatives that could lead to phasing out synthetic
methionine from organic poultry production. At its February 28-March 3,
2005, meeting in Washington, DC, the NOSB received public comment on
the petition to extend the use of synthetic methionine in organic
poultry production beyond October 21, 2005. While concluding that
synthetic methionine was consistent with the evaluation criteria of 7
U.S.C. 6517 and 6518 of the OFPA, the NOSB did not recommend a full
five-year allowance for the material. The Board continued to express
its strong preference for the development of natural methionine sources
for organic poultry production. Therefore, the NOSB recommended that
synthetic methionine remain on the National List but only until October
1, 2008. In response to this recommendation, the Secretary amended
Sec. 205.603(d)(1) of the National List on October 21, 2005 (70 FR
61217), to allow the use of synthetic methionine in organic poultry
production until October 1, 2008.
In December 2007, a coalition of producers identified as the
Methionine Task Force (MTF) filed a petition requesting that Sec.
205.603(d)(1) be amended by removing the expiration date of ``October
1, 2008.'' They also requested that in the future methionine receive
the standard sunset review process for materials on the National List.
Their petition addressed the status of the most viable alternatives to
synthetic methionine and stated that none of the alternatives were yet
commercially viable. Additionally, AMS received six comments supporting
the re-listing of synthetic methionine in response to the December 28,
2007 (72 FR 73667), Advanced Notice of Proposed Rulemaking announcing
the 2008 Sunset Review of 12 substances on the National List. Because
methionine was due to expire on October 1, 2008, as established by
rulemaking, it was not included among the 12 substances in the 2008
Sunset Review.
The NOSB evaluated public comment on the petition to extend the use
of synthetic methionine in organic poultry production beyond October 1,
2008, and also considered comments on the subject from its November
2007 meeting. The NOSB determined that while certain allowable organic
and natural sources of methionine existed, they were not available in
sufficient supplies to meet poultry producers' needs. Thus, the NOSB
concluded that synthetic methionine was a necessary component of a
nutritionally adequate diet for organic poultry, and, therefore,
essential to organic production. The Board also concluded that
terminating the allowance for its use would disrupt the well-
established organic poultry market and cause substantial economic harm
to organic poultry producers but did not recommend a full five-year
allowance for the material. The NOSB and stakeholders including the MTF
agreed that the organic feed sector would continue to research and
develop sufficient supplies of allowable organic and natural sources in
the interim and thus the NOSB recommended to extend the use of
methionine for two more years. The Secretary concurred with the NOSB
recommendation to extend the use of synthetic methionine in poultry
production until October 1, 2010, and amended the regulation
accordingly on September 18, 2008 (73 FR 54057).
The MTF submitted a new petition on July 31, 2009, requesting a
five-year extension on the allowance for synthetic methionine. The
request proposed to limit the total amount of synthetic methionine to
be fed over the life of the bird calculated as the average pounds of
the material per ton of feed. The MTF petition proposed these limits at
4 pounds for laying chickens, 5 pounds for broiler chickens and 6
pounds for turkeys and all other poultry per ton of feed. The
petitioners stated that these levels of synthetic methionine are the
amount necessary to support the animals' basic maintenance requirements
and would not provide growth enhancement. In requesting the five-year
allowance, the MTF cited research efforts in recent years that have
attempted but failed to identify wholly natural and allowable sources
of methionine capable of providing poultry's basic maintenance
requirement.
The NOSB Livestock Committee reviewed the MTF petition and rejected
it. The Livestock Committee stated that averaging the pounds of
synthetic methionine fed over the life of the bird would result in the
unacceptable outcome of even higher levels being fed at certain stages.
The Livestock Committee instead pointed towards future modifications to
the livestock feed and living conditions practice standards that would
lead to higher levels of natural methionine in poultry feed rations.
However, the Livestock Committee agreed with the MTF that wholly
natural sources of methionine are not now and would not likely be
widely available in the immediate future and that extending the
allowance for the synthetic form was warranted.
The Livestock Committee proposed an annotation to the synthetic
methionine listing that reflected their reservations about the
petitioner's request, but acknowledged that an allowance for the
synthetic form would be necessary
[[Page 51922]]
throughout the next five years. They proposed to extend the allowance
for synthetic methionine in organic poultry production for five years
until October 1, 2015, with a step down in the amount allowed after two
years. They proposed limits per ton of feed of 4 pounds for laying
chickens, 5 pounds for broiler chickens and 6 pounds for turkeys and
all other poultry until October 1, 2012, followed by 2 pounds for
laying and broiler chickens and 3 pounds for turkeys and all other
poultry over the final three years. The Livestock Committee stated that
it had consulted with a number of poultry nutritionists and feed mill
operators and determined that the rates it proposed were consistent
with the industry's best management practices. The Livestock Committee
also recommended that the NOSB apply its sunset material review process
when considering the allowance for synthetic methionine in anticipation
of its proposed October 1, 2015, expiration. The NOSB approved the
Livestock Committee's recommendation in its entirety on April 29, 2010.
In the final rule published on December 21, 2000 (65 FR 80570), the
NOP recognized the National Research Council's (NRC) Nutrient
Requirements of Domestic Animals series as the basis for the livestock
feed practice standard. The applicable reference for nutritional
sufficiency in poultry production is the NRC's Nutrient Requirements of
Poultry, Ninth Revised Edition, published in 1994. The MTF cited this
publication in its petition and stated that its proposed allowances for
synthetic methionine were approximately half of the NRC recommended
levels for maximum growth and production. The MTF also provided data
indicating that organically produced grains provide a majority of the
methionine requirement in poultry starter feeds but that
supplementation with the synthetic form is still necessary to achieve a
complete ration. The NOSB fundamentally agreed with this assessment
when it accepted with a modest adjustment the limits that the MTF
proposed for extending the allowance for synthetic methionine.
The Secretary has reviewed the NOSB's recommendation and concurs
that a two-year extension of the allowance for synthetic methionine in
organic poultry production until October 1, 2012, is warranted. The
Secretary accepts that the maximum limits recommended by the NOSB and
as justified by the NOSB for the period October 1, 2010-October 1,
2012, are consistent with the industry's best management practices and
would not result in significant adjustments to comply with this action.
Moreover, the signatories to the MTF petition have indicated that the
current non-annotated allowance for synthetic methionine has stabilized
use at consistent rates.
The Secretary acknowledges the NOSB's intention to lower the
allowed levels of synthetic methionine over the five-year period for
which the board recommends that the material remain on the National
List. The Secretary intends to incorporate the NOSB's recommended
reductions in these levels through subsequent rulemaking to address the
allowance for synthetic methionine for the period between October 1,
2012, and October 15, 2015. As conveyed at the NOSB meeting and
documented in the transcripts, dividing the NOSB's recommendation into
separate rulemakings will allow for the continued use of methionine
beyond its current expiration while also providing the board with the
opportunity to adjust the maximum levels for the 2012-2015 period, if
needed.
III. Related Documents
Since September 2001, four notices have been published announcing
meetings of the NOSB and its planned deliberations on recommendations
involving the use of methionine in organic poultry production. The four
notices were published in the Federal Register as follows: September
21, 2001 (66 FR 48654), February 11, 2005 (70 FR 7224), April 4, 2008
(73 FR 18491), and March 17, 2010 (75 FR 12723).
Methionine was first proposed for addition to the National List in
the Federal Register on April 16, 2003 (68 FR 18556). Methionine was
added to the National List by final rule in the Federal Register on
October 31, 2003 (68 FR 61987). A proposal to amend the annotation for
methionine was published in the Federal Register on July 29, 2005 (70
FR 43786), and the annotation was amended by final rule in the Federal
Register on October 21, 2005 (70 FR 61217). A proposal to amend the
annotation once again was published in the Federal Register on July 14,
2008 (73 FR 40197), and the annotation was amended by final rule on
September 18, 2008 (73 FR 54057).
IV. Statutory and Regulatory Authority
The OFPA 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 (January 18, 2007, 72 FR
2167) can be accessed through the NOP Web site at http://www.ams.usda.gov/nop/Newsroom/FedReg01_18_07NationalList.pdf.
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. The final rule (68
FR 61987), dated October 31, 2003, adding methionine to the National
List was reviewed under this Executive Order and no additional
information related to Executive Order 12988 has been obtained since
then. This interim 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.
2115(b) of the OFPA (7 U.S.C. 6514(b)). States are also preempted under
Sec. Sec. 2104 through 2108 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 Sec. 2108(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) be consistent 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.
[[Page 51923]]
Pursuant to Sec. 2120(f) of the OFPA (7 U.S.C. 6519(f)), this
interim rule would not alter the authority of the Secretary under the
Federal Meat Inspection Act (21 U.S.C. 601-695), the Poultry Products
Inspections Act (21 U.S.C. 451-472), or the Egg Products Inspection Act
(21 U.S.C. 1031-1056), 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. 301-397), nor
the authority of the Administrator of the Environmental Protection
Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 136-1364).
Section 2121 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 persons 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. 601-612) 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, 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). AMS has
also considered the economic impact of this action on small entities.
The impact on entities affected by this interim rule would not be
significant. The current approval for the use of synthetic methionine
in organic poultry production will expire October 1, 2010. The effect
of this interim rule is to allow the continued use of synthetic
methionine through October 1, 2012, at levels that are consistent with
current industry practices. AMS concludes that this action would have
minimal economic impact on 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, 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 $7,000,000, and small agricultural producers are defined
as those having annual receipts of less than $750,000.
Based on USDA data from the Economic Research Service (ERS), the
U.S. organic sector included nearly 13,000 certified organic crop and
livestock operations at the end of 2008. These operations contained
more than 4.8 million certified acres consisting of 2,665,382 acres of
cropland and 2,160,577 acres of pasture and rangeland. The total
acreage under organic management represents a twelve percent increase
from 2007. Organic poultry production has steadily contributed to the
overall growth in the organic food market. ERS estimated that there
were 5,538,011 laying chickens and 9,015,984 broiler chickens raised
under organic management in 2008. ERS estimated the number of certified
organic turkeys raised in the United States in 2008 at 398,531.\1\ The
Nutrition Business Journal calculated the market value for organic
laying chickens at $252,000,000 in 2008.\2\ In addition to being sold
as whole products, organic eggs and poultry by-products are used in the
production of organic processed products including soups, broths,
prepared meals, ice cream and egg nog. The USDA accredits certifying
agents who provide certification services to producers and handlers. A
complete list of names and addresses of accredited certifying agents
may be found on the AMS NOP Web site, at http://www.ams.usda.gov/nop.
AMS believes that most of these entities would be considered small
entities under the criteria established by the SBA.
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\1\ U.S. Department of Agriculture, Economic Research Service.
2009. Data Sets: U.S. Certified Organic Farmland Acreage, Livestock
Numbers and Farm Operations, 1992-2008. http://www.ers.usda.gov/Data/Organic/.
\2\ Nutrition Business Journal. 2009. U.S. Organic Food Sales by
Product ($Mil) 1997-2008, 2009(e)-2014(e)--Chart 22. Penton Media,
Inc.
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D. Paperwork Reduction Act
No additional collection or recordkeeping requirements are imposed
on the public by this interim rule. Accordingly, OMB clearance is not
required by Sec. 350(h) of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520) or OMB's implementing regulations at 5 CFR part 1320.
The 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. The
AMS is committed to complying with the E-Government Act, to promote the
use of the Internet and other information technologies to provide
increased opportunities for citizen access to government information
and services, and for other purposes.
E. General Notice of Public Rulemaking
This interim rule reflects a recommendation submitted to the
Secretary by the NOSB for extending the use of synthetic methionine in
organic poultry production until October 1, 2012. The NOSB evaluated
this substance using criteria in the OFPA in response to a petition
from the MTF. The NOSB has determined that while wholly natural
substitute products exist, they are not presently available in
sufficient supplies to meet poultry producer needs. Therefore,
synthetic methionine is presently a necessary component of a
nutritionally adequate diet for organic poultry. However, to encourage
a transition of industry practices towards decreasing dependence on
synthetic sources of the amino acid, the NOSB has recommended extending
the allowed use of synthetic methionine in poultry production until
October 1, 2012, with maximum allowable limits. The Secretary has
reviewed the recommendation from the board. Pursuant to 5 U.S.C. 553,
it is found and determined upon good cause that it is impracticable and
contrary to the public interest to give preliminary notice prior to
putting this rule into effect in order to ensure the continued use of
synthetic methionine after October 1, 2010, and avoid any disruption to
the organic poultry market.
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:
[[Page 51924]]
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(d)(1) is revised to read as follows:
Sec. 205.603 Synthetic substances allowed for use in organic
livestock production.
* * * * *
(d) * * *
(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 1,
2012, at the following maximum levels of synthetic methionine per ton
of feed: laying chickens--4 pounds; broiler chickens--5 pounds; turkeys
and all other poultry--6 pounds.
* * * * *
Dated: August 17, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-20977 Filed 8-23-10; 8:45 am]
BILLING CODE 3410-02-P