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Proposed Rules
Federal Register Vol. 86, No. 161
Tuesday, August 24, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 205
Document Number: AMSNOP190106;
NOP1903
RIN 0581AD98

National Organic Program; National List of Allowed and Prohibited Substances 2022 Sunset Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

The U.S. Department of Agricultures Agricultural Marketing Service proposes amendments to the National List of Allowed and Prohibited Substances National List section of the USDAs organic regulations to implement recommendations submitted to the Secretary of Agriculture Secretary by the National Organic Standards Board NOSB. This rule proposes the removal from the National List of several substances currently allowed for various uses in organic crop production, livestock production, and manufacture of processed products.
DATES: Send comments on or before October 25, 2021.
ADDRESSES: You may send comments on this proposed rule to the Federal eRulemaking Portal at https
www.regulations.gov/. You can access this proposed rule and instructions for submitting public comments by searching for document number AMS
NOP190106. Comments may also be sent to Jared Clark, Standards Division, National Organic Program, USDA
AMSNOP, 1400 Independence Ave.
SW, Room 2642-So., Ag Stop 0268, Washington, DC 202500268.
Instructions: All comments received must include the docket number AMS
NOP190106; NOP1903, and/or Regulatory Information Number RIN
0581AD98 for this rulemaking. You should clearly indicate the topic and section number of the proposed rule to
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SUMMARY:

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which your comment refers, state your positions, offer any recommended language changes, and include relevant information and data to support your positions e.g., scientific, environmental, manufacturing, industry, or industry impact information, etc.. All comments and relevant background documents posted to https www.regulations.gov will include any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Jared Clark, Standards Division, National Organic Program, Telephone:
202 7203252.
SUPPLEMENTARY INFORMATION: In addition to comments about the proposed removals themselves, AMS is requesting comments about whether organic operations producers and handlers require time to implement the changes that would be necessary, should AMS finalize the amendments in this proposed rule. All of the substances/ingredients included in this rule have a sunset date of March 15, 2022, except for Turkish bay leaves and whey protein concentrate sunset date of June 27, 2022. AMS requests comments on how much time after the sunset date is necessary, if any, for organic operations to comply with the proposed changes.
I. Background On December 21, 2000, the Secretary established the Agricultural Marketing Services AMS National Organic Program and the USDA organic regulations 65 FR 80547. 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 i.e., in organic handling.
To remain on the National List, substances must be: 1 Reviewed every five years by the NOSB, a 15-member Federal advisory committee; and 2
renewed by the Secretary 7 U.S.C.
6517e. This action of NOSB review and USDA renewal is commonly referred to as the sunset review or sunset process. AMS published
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information about this process in the Federal Register on September 16, 2013
78 FR 56811. The sunset date i.e., the date by which the Secretary must renew a substance for the listing to remain valid on the National List for each substance is included in the NOP
Program Handbook document NOP
5611.
Through the course of the sunset review process for the substances below, the NOSB determined the substances are no longer necessary for organic production or handling or otherwise no longer comply with the criteria set forth in the Organic Foods Production Act at 7 U.S.C. 6518.
Based on recommendations submitted at the conclusion of the NOSBs sunset review process, AMS is proposing to amend the National List by removing the following synthetic substances currently allowed in organic crop and livestock production 7 CFR 205.601
and 205.603:
Sucrose Octanoate Esters crop production Vitamin B1 crop production Oxytocin livestock production Procaine livestock production Sucrose Octanoate Esters livestock production Additionally, AMS is proposing to amend the National List by removing the following nonorganic ingredients currently allowed in organic handling 205.605 and 205.606:
Alginic acid Colors black currant juice color, blueberry juice color, carrot juice color, cherry juice color, grape juice color, paprika color, pumpkin juice color, turmeric extract color Kelp Konjac flour Sweet potato starch Turkish bay leaves Whey protein concentrate The proposed removal of these substances from the National List addresses National Organic Standards Board NOSB recommendations submitted to the Secretary after the conclusion of the NOSBs public meetings on October 29, 2015;
November 2, 2017; October 26, 2018;
and October 30, 2020.
II. Overview of Proposed Amendments The following provides an overview of the proposed amendments to the National List, along with the NOSB and
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