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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules meet demand and on the availability of organic colors in suitable form and quality. If any of these colors are still necessary in their nonorganic form, comments should provide specific information on the attributes of the nonorganic form that are not yet sufficiently available in the organic forms. If any or all of the above colors are not currently commercially available in organic form, we request comment on whether they should be relisted i.e. not removed in the final rule or whether the final rule should provide an implementation period to provide time for sufficient quantity, quality, and/or form of the colors to be developed.

lotter on DSK11XQN23PROD with PROPOSALS1

G. Kelp 205.606
AMS is proposing to remove nonorganic kelp from the National List.
The effect of this action is that only organic forms of kelp would be allowed in organic handling. Kelp was added to the National List at its inception on December 21, 2000 65 FR 80547, was renewed through several sunset reviews, and is currently listed at 205.606k for use only as a thickener and dietary supplement only when an organic version is not commercially available.
After the Fall 2020 meeting, the NOSB
recommended 11 the removal of kelp from the National List at 205.606.
During this sunset review, the NOSB
received comments in support of removing as well as relisting kelp. In this sunset review, the NOSB
determined that there were alternatives to kelp on the National List namely kombu and wakame, which rendered the kelp listing no longer necessary.
Because kelp no longer meets the requirement of OFPA at 7 U.S.C.
6518m6 due to the existence of alternatives, the NOSB voted to recommend the removal of kelp from the National List at 205.606.
AMS agrees with the NOSB
recommendation. According to the Organic Integrity Database,12 there are currently 106 certified crop, wild crop, and handling operations that list kelp as a certified organic product. Organic kelp appears to be commercially available; therefore, this substance no longer appears to be necessary and no longer meets the requirements for inclusion on the National List at 7
U.S.C. 6517c1Aii. As such, AMS
proposes the removal of nonorganic 11 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.
12 Organic Integrity Database, accessed February 12, 2021: https organic.ams.usda.gov/integrity/
Search.aspx.

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kelp from the National List at 205.606k.

konjac flour from the National List at 205.606l.

H. Konjac Flour 205.606
AMS is proposing to remove nonorganic konjac flour from the National List. The effect of this action is that only organic forms of konjac flour would be allowed in organic handling.
Konjac flour was added to the National List effective June 21, 2007 72 FR
35137, renewed through two sunset reviews, and is currently listed at 205.606l. The 2007 rulemaking was initiated by an NOSB
recommendation 13 for the addition of konjac flour to the National List only when an organic version is not commercially available.
After the Fall 2017 meeting, the NOSB
recommended 14 the removal of konjac flour. In support of their recommendation, the NOSB solicited public comment regarding the use and necessity of konjac flour in organic handling and the availability of organic konjac flour. The NOSB received little feedback from industry in response. One trade organization reported one organic producer using konjac flour but was unsure if it was for organic products.
Several certifiers stated they had not received any feedback from their clients regarding the need for or use of nonorganic konjac flour in their products. Ultimately, the NOSB voted to recommend removal of konjac flour from the National List at 205.606l due to the availability of alternatives, as well as the fact that nonorganic konjac flour no longer meets the OFPA
requirements at 7 U.S.C. 6518m6.
AMS agrees with the NOSB
recommendation. A search in the Organic Integrity Database 15 for konjac shows 30 operations with some form of certified organic konjac products e.g., powder, starch, konjac tubers. Given the lack of reported use of, or need for, nonorganic konjac flour and the availability of organic konjac flour and konjac tubers, nonorganic konjac flour 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
I. Sweet Potato Starch 205.606
AMS is proposing to remove nonorganic sweet potato starch from the National List. The effect of this action is that only organic forms of sweet potato starch would be allowed in organic handling. Sweet potato starch was added to the National List effective June 21, 2007 72 FR 35137, was renewed through two sunset reviews, and is currently listed at 205.606s2. The 2007 rulemaking was initiated by an NOSB recommendation 16 for the allowance of nonorganic sweet potato starch for bean thread production only when an organic version is not commercially available.
After the Fall 2020 meeting, the NOSB
recommended 17 the removal of sweet potato starch from the National List at 205.606. NOSB solicited comment on the use and necessity of sweet potato starch and received little feedback. The comments that were received suggested scant use of nonorganic sweet potato starch, readily available alternatives, and the availability of organic forms of sweet potato starch. Further, comments noted that the continued listing of nonorganic sweet potato starch is inhibiting increased production of organic forms of sweet potato starch.
Based on this information, the NOSB
determined that there are available alternatives to nonorganic sweet potato starch and recommended the removal of this substance because its use 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 18 for potato starch shows 54 operations with some form of certified organic potato starch and another 25 operations with some form of certified organic pea starch, a cited alternative to sweet potato starch.
Given the low reported use of nonorganic sweet potato starch and the availability of organic sweet potato starch and pea starch, nonorganic sweet potato starch 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
13 NOSB Meeting Minutes & Transcripts 1992
2009: https www.ams.usda.gov/sites/default/files/
media/NOSB%20Meeting%20Minutes%26
Transcripts%201992-2009.pdf.
14 NOSB Formal Handling Sunset Recommendations, November 2, 2017: https
www.ams.usda.gov/sites/default/files/media/
HS2019SunsetsFinalRec.pdf.
15 USDA Organic Integrity Database, accessed February 12, 2021: https organic.ams.usda.gov/
integrity/default.aspx.

16 NOSB Meeting Minutes & Transcripts 1992
2009: https www.ams.usda.gov/sites/default/files/
media/NOSB%20Meeting%20Minutes%26
Transcripts%201992-2009.pdf.
17 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.
18 USDA Organic Integrity Database, accessed February 8, 2021: https organic.ams.usda.gov/
integrity/default.aspx.

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