Rule2024-17378
National Organic Program: 2025 Sunset Review and Substance Renewals
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Published
August 8, 2024
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document announces the renewal of 47 substances listed on the National List of Allowed and Prohibited Substances within the U.S. Department of Agriculture's organic regulations. This document reflects the outcome of the 2025 sunset review processes and addresses recommendations submitted to the Secretary of Agriculture, through the USDA's Agricultural Marketing Service, by the National Organic Standards Board.
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<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Rules and Regulations]
[Pages 64783-64785]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17378]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 /
Rules and Regulations
[[Page 64783]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. No. AMS-NOP-24-0024]
National Organic Program: 2025 Sunset Review and Substance
Renewals
AGENCY: Agricultural Marketing Service, USDA.
ACTION: 2025 sunset review and substance renewals.
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SUMMARY: This document announces the renewal of 47 substances listed on
the National List of Allowed and Prohibited Substances within the U.S.
Department of Agriculture's organic regulations. This document reflects
the outcome of the 2025 sunset review processes and addresses
recommendations submitted to the Secretary of Agriculture, through the
USDA's Agricultural Marketing Service, by the National Organic
Standards Board.
DATES: Applicable June 22, 2025.
FOR FURTHER INFORMATION CONTACT: Jared Clark, National List Manager,
Standards Division, National Organic Program, Phone: (202) 720-3252;
Email: <a href="/cdn-cgi/l/email-protection#adc7ccdfc8c983cec1ccdfc6edd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="90faf1e2f5f4bef3fcf1e2fbd0e5e3f4f1bef7ffe6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2000, the Secretary established the Agricultural
Marketing Service's (AMS) National Organic Program (NOP) and the USDA
organic regulations (65 FR 80548, December 21, 2000). Within the USDA
organic regulations (7 CFR part 205) is the National List of Allowed
and Prohibited Substances (or ``National List''). The National List
identifies the synthetic substances that may be used and the
nonsynthetic (natural) substances that may not be used in organic crop
and livestock production. It also identifies the nonorganic substances
that may be used in or on processed organic products.
The Organic Foods Production Act of 1990 (OFPA), as amended (7
U.S.C. chapter 94), and the USDA organic regulations specifically
prohibit the use of any synthetic substance in organic production and
handling unless the synthetic substance is on the National List (7 CFR
205.601, 205.603 and 205.605(b)). Section 205.105 also requires that
any nonorganic agricultural substance and any nonsynthetic
nonagricultural substance used in organic handling be on the National
List (Sec. Sec. 205.605(a) and 205.606).
The OFPA at 7 U.S.C. 6518 authorizes the National Organic Standards
Board (``NOSB'' or ``Board''), operating in accordance with the Federal
Advisory Committee Act (section 1 et seq., 5 U.S.C. App. 2), to
evaluate substances for organic production and handling and to advise
the Secretary on the USDA organic regulations. The OFPA ``sunset
provision'' (7 U.S.C. 6517(e)) requires review of all substances
included on the National List within 5 years of their addition to, or
renewal on, the list. A list of all National List sunset dates is
posted online for public access in the ``NOSB Work Agenda'' document on
the NOP's NOSB web page, <a href="https://www.ams.usda.gov/rules-regulations/organic/nosb">https://www.ams.usda.gov/rules-regulations/organic/nosb</a>.
As required by the OFPA, during a sunset review, the NOSB considers
any new information about a substance's impact on human health and the
environment, its necessity, and its consistency with organic production
and handling. The NOSB then votes on proposals to remove individual
substances from the National List, with a \2/3\ majority needed to
recommend removal of a substance.
As delegated by the Secretary, AMS evaluates the NOSB's reviews and
recommendations for compliance with the National List substance
evaluation criteria in the OFPA at 7 U.S.C. 6518(m) and other federal
statutes or regulations. AMS also considers public comments submitted
in association with the sunset review process, as described in the
notice published on September 16, 2013 (78 FR 56811).
Review of Sunset Substances
AMS published notices in the Federal Register announcing the Spring
2023 (88 FR 9426, February 14, 2023) and Fall 2023 (88 FR 37505, June
08, 2023) NOSB meetings and invited public comments on the 2025 sunset
review of the substances included in the tables below. AMS also hosted
public webinars prior to these NOSB meetings to provide additional
opportunities for public comment. At these public meetings, the NOSB
reviewed substances scheduled to sunset from the National List and
recommended that they either be removed or remain on the National List.
AMS has reviewed and accepted all NOSB sunset review
recommendations for substances with sunset dates in 2025. AMS is
renewing the listings of these substances until 2030. AMS determined
that the substance allowances listed in this notice are still necessary
because of the unavailability of organic forms or wholly natural
substitutes for the specified uses (7 U.S.C. 6517(c)(1)(A)(ii)). The
renewal of these substances will avoid potential disruptions to the
organic industry that may otherwise result from removal from the
National List. AMS also has determined that the prohibited natural
substances listed in this notice should remain prohibited because their
use remains inconsistent with organic production (7 U.S.C.
6517(c)(2)(A)(ii)).
Sunset Renewals
This document renews 46 of the 47 substances in this notice for
another 5 years past their existing sunset date of June 22, 2025.
One of the forty-seven substances renewed in this notice currently
has an existing sunset date of December 7, 2025. This notice renews
tamarind seed gum another 4 years and 6-1/2 months past its existing
sunset date of December 7, 2025, to establish a new sunset date for
this substance that matches the sunset dates of the other substances
renewed in this notice.
This document establishes a new sunset date for the following
substances as outlined in the header for table 1.
[[Page 64784]]
Table 1--National List Substances Renewed Until June 22, 2030
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Citation Substance
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7 CFR 205.601 Synthetic substances
allowed for use in organic crop
production:
Sec. 205.601(a)(1)(i)....... Ethanol.
Sec. 205.601(a)(1)(ii)...... Isopropanol.
Sec. 205.601(a)(8).......... Sodium carbonate peroxyhydrate (CAS
#-15630-89-4)--Federal law
restricts the use of this substance
in food crop production to approved
food uses identified on the product
label.
Sec. 205.601(b)(2)(i)....... Newspaper or other recycled paper,
without glossy or colored inks.
Sec. 205.601(b)(2)(ii)...... Plastic mulch and covers (petroleum-
based other than polyvinyl chloride
(PVC)).
Sec. 205.601(c)............. As compost feedstocks--Newspapers or
other recycled paper, without
glossy or colored inks.
Sec. 205.601(e)(2).......... Aqueous potassium silicate (CAS
#1312-76-1)--the silica, used in
the manufacture of potassium
silicate, must be sourced from
naturally occurring sand.
Sec. 205.601(e)(5).......... Elemental sulfur.
Sec. 205.601(e)(6).......... Lime sulfur--including calcium
polysulfide.
Sec. 205.601(i)(1).......... Aqueous potassium silicate (CAS
#1312-76-1)--the silica, used in
the manufacture of potassium
silicate, must be sourced from
naturally occurring sand.
Sec. 205.601(i)(4).......... Hydrated lime.
Sec. 205.601(i)(6).......... Lime sulfur.
Sec. 205.601(i)(10)......... Elemental sulfur.
Sec. 205.601(j)(2).......... Elemental sulfur.
Sec. 205.601(j)(8).......... Liquid fish products--can be pH
adjusted with sulfuric, citric or
phosphoric acid. The amount of acid
used shall not exceed the minimum
needed to lower the pH to 3.5.
Sec. 205.601(j)(11)......... Sulfurous acid (CAS #7782-99-2) for
on-farm generation of substance
utilizing 99% purity elemental
sulfur per paragraph (j)(2) of this
section.
Sec. 205.601(k)(1).......... Ethylene gas--for regulation of
pineapple flowering.
Sec. 205.601(o)(1).......... Microcrystalline cheesewax (CAS #'s
64742-42-3, 8009-03-08, and 8002-74-
2)--for use in log grown mushroom
production. Must be made without
either ethylene-propylene co-
polymer or synthetic colors.
7 CFR 205.602 Nonsynthetic
substances prohibited for use in
organic crop production:
Sec. 205.602(e)............. Potassium chloride--unless derived
from a mined source and applied in
a manner that minimizes chloride
accumulation in the soil.
7 CFR 205.603 Synthetic substances
allowed for use in organic
livestock production:
Sec. 205.603(a)(1)(i)....... Ethanol--disinfectant and sanitizer
only, prohibited as a feed
additive.
Sec. 205.603(a)(1)(ii)...... Isopropanol-disinfectant only.
Sec. 205.603(a)(2).......... Aspirin-approved for health care use
to reduce inflammation.
Sec. 205.603(a)(4).......... Biologics--Vaccines.
Sec. 205.603(a)(11)......... Electrolytes--without antibiotics.
Sec. 205.603(a)(14)......... Glycerin--allowed as a livestock
teat dip, must be produced through
the hydrolysis of fats or oils.
Sec. 205.603(a)(25)......... Phosphoric acid--allowed as an
equipment cleaner, Provided, That,
no direct contact with organically
managed livestock or land occurs.
Sec. 205.603(b)(6).......... Lime, hydrated--as an external pest
control, not permitted to cauterize
physical alterations or deodorize
animal wastes.
Sec. 205.603(b)(7).......... Mineral oil--for topical use and as
a lubricant.
7 CFR 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))'':
Sec. 205.605(a)(6).......... Calcium carbonate.
Sec. 205.605(a)(12)......... Flavors--nonsynthetic flavors may be
used when organic flavors are not
commercially available. All flavors
must be derived from organic or
nonsynthetic sources only and must
not be produced using synthetic
solvents and carrier systems or any
artificial preservative.
Sec. 205.605(a)(13)......... Gellan gum (CAS #71010-52-1)--high-
acyl form only.
Sec. 205.605(a)(21)......... Oxygen--oil-free grades.
Sec. 205.605(a)(23)......... Potassium chloride.
Sec. 205.605(b)(3).......... Alginates.
Sec. 205.605(b)(8).......... Calcium hydroxide.
Sec. 205.605(b)(14)......... Ethylene--allowed for postharvest
ripening of tropical fruit and
degreening of citrus.
Sec. 205.605(b)(16)......... Glycerides (mono and di)--for use
only in drum drying of food.
Sec. 205.605(b)(19)......... Magnesium stearate--for use only in
agricultural products labeled
``made with organic (specified
ingredients or food group(s)),''
prohibited in agricultural products
labeled ``organic''.
Sec. 205.605(b)(23)......... Phosphoric acid--cleaning of food-
contact surfaces and equipment
only.
Sec. 205.605(b)(24)......... Potassium carbonate.
Sec. 205.605(b)(35)......... Sulfur dioxide--for use only in wine
labeled ``made with organic
grapes,'' Provided, That, total
sulfite concentration does not
exceed 100 ppm.
Sec. 205.605(b)(37)......... Xanthan gum.
[[Page 64785]]
7 CFR 205.606 Nonorganically
produced agricultural products
allowed as ingredients in or on
processed products labeled as
``organic.'':
Sec. 205.606(g)............. Fructooligosaccharides (CAS #308066-
66-2).
Sec. 205.606(j)............. Gums--water extracted only (Arabic;
Guar; Locust bean; and Carob bean).
Sec. 205.606(l)............. Lecithin--de-oiled.
Sec. 205.606(r)............. Tamarind seed gum.
Sec. 205.606(s)............. Tragacanth gum (CAS #-9000-65-1).
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Authority: 7 U.S.C. chapter 94.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-17378 Filed 8-7-24; 8:45 am]
BILLING CODE P
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