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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules
sweet potato starch from the National List at 205.606s2.

lotter on DSK11XQN23PROD with PROPOSALS1

J. Turkish Bay Leaves 205.606
AMS is proposing to remove nonorganic Turkish bay leaves from the National List. The effect of this action is that organic forms only of Turkish bay leaves would be allowed in organic handling. Turkish bay leaves were added to the National List effective June 21, 2007 72 FR 35137, were renewed through two sunset reviews, and are currently listed at 205.606v. The 2007 rulemaking was initiated by an NOSB recommendation 19 for the addition of Turkish bay leaves to the National List for use in organic production only when organic versions are not commercially available.
After the Fall 2015 meeting, the NOSB
recommended 20 removal of Turkish bay leaves from 205.606. This recommendation was not finalized by AMS 82 FR 31241 because public comments requested AMS maintain the allowance. Comments reported that organic whole Turkish bay leaves were not available in the quantity or quality to meet organic handling needs. During the 2020 sunset review, the NOSB
received many comments supporting the removal of Turkish bay leaves due to the availability of organic versions.
The NOSB cited one commenter, who uses Turkish bay leaves in a wide range of canned soups and stated there is full availability of organic forms of Turkish bay leaves. Further comments from certifiers indicated that few, if any, of their operations use nonorganic Turkish bay leaves. Based on this information, the NOSB determined that there are available alternatives to nonorganic Turkish bay leaves and recommended 21
the removal of this substance because it no longer meets the OFPA criteria at 7
U.S.C. 6518m6.
AMS agrees with the NOSB
recommendation. A search in the Organic Integrity Database 22 for bay leaves shows 100 crop and handling operations with some form of certified organic bay leaves. A search using the 19 NOSB Meeting Minutes & Transcripts 1992
2009: https www.ams.usda.gov/sites/default/files/
media/NOSB%20Meeting%20Minutes%26
Transcripts%201992-2009.pdf.
20 Formal Handling Sunset Recommendation from the NOSB to the NOP, October 2015: https
www.ams.usda.gov/sites/default/files/media/
HS%202017%20Sunset%20Final%
20Rvw%20605%28a%29_%28b%29_606_
final%20rec.pdf.
21 Formal Handling Sunset Recommendations from the NOSB to the NOP, October 30, 2020:
https www.ams.usda.gov/sites/default/files/
media/HS2022SunsetRecs_webpost.pdf.
22 USDA Organic Integrity Database, accessed February 8, 2021: https organic.ams.usda.gov/
integrity/default.aspx.

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term Turkish bay leaves shows five operations, as it appears that only one certifier identifies bay leaves with that level of specificity in the Organic Integrity Database. Given that comments to the NOSB indicated organic Turkish bay leaves are readily available in all forms and the high number of operations reported in the Organic Integrity Database with organic bay leaves of which a subset are Turkish bay leaves, nonorganic Turkish bay leaves appear to no longer meet the requirements for inclusion on the National List at 7 U.S.C.
6517c1Aii. As such, AMS
proposes the removal of nonorganic Turkish bay leaves from the National List at 205.606v.
K. Whey Protein Concentrate 205.606
AMS is proposing to remove nonorganic whey protein concentrate from the National List. The effect of this action is that only organic forms of whey protein concentrate would be allowed in organic handling. Whey protein concentrate was added to the National List effective June 21, 2007 72
FR 35137, was renewed through two sunset reviews, and is currently listed at 205.606x. The 2007 rulemaking was initiated by an NOSB recommendation made at the March 2007 23 NOSB
meeting for the addition of whey protein concentrate to the National List for organic production only when an organic version is not commercially available.
After the Fall 2015 meeting, the NOSB
recommended 24 removal of whey protein concentrate from 205.606. This recommendation was not finalized by AMS 82 FR 31243 because public comment asserted that whey protein concentrate was essential to organic processed products, and there was no commercially available organic product.
During the 2020 sunset review, the NOSB received many comments supporting the removal of whey protein concentrate due to the availability of organic versions. The NOSB cited several commenters who demonstrated that they produce a robust supply of organic whey protein concentrate in several forms and sell excess to the conventional market. A comment noted that the international supply chain of organic whey-based products is also 23 NOSB Meeting Minutes & Transcripts 1992
2009; https www.ams.usda.gov/sites/default/files/
media/NOSB%20Meeting%20Minutes%26
Transcripts%2019.
24 Formal Handling Sunset Recommendation from the NOSB to the NOP, October 2015: https
www.ams.usda.gov/sites/default/files/media/
HS%202017%20Sunset%20Final%20Rvw%
20605%28a%29_%28b%29_606_final%20rec.pdf.

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robust. Further comment from at least one certifier indicated that none of their operations are using nonorganic whey protein concentrate. Based on this information, the NOSB determined that there are available alternatives to nonorganic whey protein concentrate and recommended 25 the removal of this substance because it no longer meets the OFPA criteria at 7 U.S.C. 6518m6.
AMS agrees with the NOSB
recommendation. A search in the Organic Integrity Database 26 for whey protein concentrate shows 22
operations with some form of certified organic whey protein concentrate. The NOSB also received comments stating that there is a substantial supply of all forms of organic whey protein concentrate and cited the diversion of some quantity to the conventional market as evidence that there is enough supply to meet the demand for organic whey protein concentrate. Given the comments submitted to the NOSB
outlining the lack of use and stated abundance of supply, nonorganic whey protein concentrate appears to no longer meet the requirements for inclusion on the National List at 7 U.S.C.
6517c1Aii. As such, AMS
proposes the removal of nonorganic whey protein concentrate from the National List at 205.606x.
III. Statutory and Regulatory Authority The OFPA authorizes the Secretary to make amendments to the National List based on recommendations developed by the NOSB. Sections 6518k and 6518n of the OFPA authorize the NOSB to develop recommendations for submission to the Secretary to amend the National List and establish a process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or deletion from the National List. Section 205.607 of the USDA organic regulations permits any person to petition to add or remove a substance from the National List and directs petitioners to obtain the petition procedures from USDA. The current petition procedures published in the Federal Register 81 FR 12680, March 10, 2016 for amending the National List can be accessed through the NOP
Program Handbook on the NOP website at https www.ams.usda.gov/rulesregulations/organic/handbook.
25 Formal Handling Sunset Recommendations from the NOSB to the NOP, October 30, 2020:
https www.ams.usda.gov/sites/default/files/
media/HS2022SunsetRecs_webpost.pdf.
26 USDA Organic Integrity Database, accessed February 8, 2021: https organic.ams.usda.gov/
integrity/default.aspx.

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