[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12723-12725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5771]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-10-0021]
Notice of Meeting of the National Organic Standards Board
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
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 Monday, April 26, 2010, 3 p.m. to 5 p.m.;
Tuesday, April 27, 2010, 8 a.m. to 5 p.m.; Wednesday, April 28, 2010, 8
a.m. to 5 p.m.; and Thursday, April 29, 2010, 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 Monday, April 12,
2010.
ADDRESSES: The meeting will take place at the Heidrick Ag History
Center, 1962 Hays Lane, Woodland, CA 95776.
Requests for copies of the NOSB meeting agenda, may be
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-NOP,
1400 Independence Ave., SW., Room 2646-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.
Written comments on proposed NOSB recommendations must be
received by the close of business, Monday, April 12, 2010. Written
comments may be submitted to Ms. Valerie Frances at either the postal
address above, or electronically via http://www.regulations.gov. The
comments should identify Docket No. AMS-NOP-10-0021. 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 must
be received by April 12, 2010 to Ms. Valerie Frances at either the
postal address above, by e-mail to [email protected],
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 180 addenda to its recommendations and reviewed more than
357 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
[[Page 12724]]
action items. The last NOSB meeting was held on November 3-5, 2009, in
Washington, DC. At its last meeting, the Board did not recommend the
addition of any new materials to the National List, but did conclude
its review of 11 of the 12 materials scheduled to expire after
September 12, 2011. In addition to these 11 materials, there is one
synthetic substance: 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. 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.
At this meeting, the NOSB will conclude their review on the
continued use of the material exemption for Ferric phosphate (CAS
10045-86-0), with its respective annotations and limitations,
currently allowed for use in organic crop production, that is scheduled
to expire after September 12, 2011. Additionally, the NOSB will
continue 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 continue its review pertaining to the continued
exemption (use) and prohibition of 182 substances used in organic
production and handling that are set to sunset on October 7, 2012; the
continued uses (2) for one substance in organic crop and livestock
production that is due to sunset on December 11, 2012; and 10 exempted
substances for use in organic livestock production that are due to
sunset on December 13, 2012.
Specifically, the Crops Committee will conclude their review on the
continued use of the material exemption for Ferric phosphate (CAS
10045-86-0), with its respective annotations and limitations,
currently allowed for use in organic crop production, that is scheduled
to expire after September 12, 2011.
The Crops Committee will continue their review pertaining to the
continued exemptions (use) for the following synthetic substances,
along with any respective annotations and limitations, which are
allowed for use in organic crop production per Sec. 205.601 and are
scheduled to expire after October 7, 2012: Ethanol; Isopropanol;
Calcium hypochlorite; Chlorine dioxide; Sodium hypochlorite; Hydrogen
peroxide; Soap-based algicide/demossers; Herbicides, soap-based;
Plastic mulch and covers; Newspapers or other recycled paper, without
glossy or colored inks (2 uses); Soaps, ammonium; Ammonium carbonate;
Boric acid; Elemental sulfur (3 uses); Lime sulfur (2 uses); 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; Potassium bicarbonate; Streptomycin; Aquatic plant extracts
(other than hydrolyzed); Humic acids; Lignin sulfonate (2 uses);
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; Sodium silicate; and EPA List 4-
Inerts of Minimal Concern.
The Crops Committee will continue their review pertaining to the
exemption (use) of sucrose octanoate esters, currently allowed for use
in organic crop production as per Sec. 205.601, that is scheduled to
expire on December 11, 2012.
The Crops Committee will continue their review pertaining to the
continued prohibition of the following nonsynthetic substances, and any
respective annotations, which are prohibited for use in organic crop
production as per Sec. 205.602: Ash from manure burning; Arsenic; Lead
salts; Potassium chloride; Sodium fluoaluminate (mined); Sodium
nitrate; Strychnine; and Tobacco dust (nicotine sulfate). The
prohibition on each of these substances is scheduled to expire on
October 7, 2012, after which each substance would be allowed for use in
organic crop production unless the prohibition is renewed.
The Crops Committee will present a recommendation on production
standards for terrestrial plants in containers and enclosures. The
Committee will also present a recommendation offering guidance
regarding the use of inerts in pesticide formulations due to their
reassessment under the Food Quality Protection Act (FQPA) recently
completed by the Environmental Protection Agency (EPA).
The Livestock Committee will present their recommendation on
synthetic substances petitioned for continued use as per Sec. 205.603
(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 1, 2010, that is scheduled to expire after October 1, 2010.
The Livestock Committee will continue their review pertaining to
the continued exemption (use) of the following synthetic substances,
with their respective annotations and limitations, which are allowed
for use in organic livestock production as per Sec. 205.603, and which
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 (2 uses); Magnesium sulfate; Oxytocin;
Ivermectin; Phosphoric acid; Copper sulfate; Lidocaine; Lime, hydrated;
Mineral oil; Procaine; Trace minerals; Vitamins; EPA List 4--Inerts of
Minimal Concern. The committee will continue its review pertaining to
the continued exemption (use) of sucrose octanoate esters for use in
organic livestock production scheduled to expire on December 11, 2012
The Livestock Committee will continue their review pertaining to
the continued exemptions (use) of the following synthetic substances,
with their respective annotations and limitations, that are allowed for
use in organic livestock production as per Sec. 205.603, and which are
scheduled to expire after December 13, 2012: Atropine (CAS -
51-55-8); Butorphanol (CAS -42408-82-2); Flunixin (CAS
-38677-85-9); Furosemide (CAS -54-31-9); Magnesium
hydroxide (CAS -1309-42-8); Peroxyacetic/Peracetic acid (CAS
- 79-21-0); Poloxalene (CAS -9003-11-6); Tolazoline
(CAS -59-98-3); Xylazine (CAS -7361-61-7); and
Excipients.
The Livestock Committee will continue their review pertaining to
the continued prohibition of the nonsynthetic substance, Strychnine, as
per Sec. 205.604. Strychnine is scheduled to expire and be allowed for
use in organic livestock production after October 7, 2012.
The Livestock Committee will also present their recommendations
clarifying the definition and uses of animal health care products.
The Handling Committee will continue their review pertaining to the
continued exemption (use) of the nonorganically produced agricultural
products allowed as ingredients, with their respective annotations and
limitations, in or on processed products labeled as ``organic'' as per
Sec. 205.606 when the organic version is not
[[Page 12725]]
commercially available. These exemptions are scheduled to expire after
June 27, 2012.
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; Celery
powder; Chia (Salvia hispanica L.); 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; Gelatin (CAS 9000-70-8); Hops (Humulus lupulus);
Inulin, oligofructose enriched (CAS 9005-80-5); Konjac flour
(CAS 37220-17-0); Lemongrass, frozen; Orange shellac,
unbleached (CAS 9000-59-3); Pepper, chipotle chile; Sweet
potato starch, for bean thread production only; Turkish bay leaves;
Wakame seaweed (Undaria pinnatifida); and Whey protein concentrate.
The Handling Committee will continue their review pertaining to the
continued exemption (use) of the following nonagricultural (nonorganic)
substances allowed as ingredients, with their respective annotations
and limitations, in or on processed products labeled as ``organic'' or
``made with organic (specified ingredients or food groups(s)) as per
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 exemption for each of
these substances is scheduled to expire after October 7, 2012.
The Handling Committee will continue their review pertaining to the
continued exemption (use) of the following nonagricultural (nonorganic)
substances allowed as ingredients, with their respective annotations
and limitations, in or on processed products labeled as ``organic'' or
``made with organic (specified ingredients or food groups(s)) as per
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; 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 exemption for each of these
substances is scheduled to expire after October 7, 2012.
The Handling Committee will continue 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'' as per Sec. 205.606 and any respective annotations and
limitations, when an organic version is not commercially available:
Cornstarch (native); Gums-water extracted only (arabic, guar, locust
bean, carob bean); Kelp; and Pectin (high-methoxy). The exemption for
each of these substances is scheduled to expire after October 7, 2012.
The Compliance, Accreditation, and Certification Committee will
present their recommendation to the NOP for use as guidance regarding
the use of inert atmospheric gases in processed products labeled as
100% Organic.
The Materials and Handling Committees will jointly present their
recommendations to the NOP to clarify the definitions of the National
List.
The Policy Development Committee will present their recommendation
regarding a revision to the NOSB Policy and Procedures Manual.
The Meeting is Open to the Public. The NOSB has scheduled time for
public input for Tuesday, April 27, 2010, from 8 a.m. to 5 p.m.
Individuals and organizations wishing to make oral presentations at the
meeting must 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 website
approximately six weeks following the meeting.
Dated: March 11, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-5771 Filed 3-16-10; 8:45 am]
BILLING CODE 3410-02-P