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Proposed Rules
Federal Register Vol. 86, No. 56
Thursday, March 25, 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 AMSNOP190102;
NOP1905
RIN 0581AD93

National Organic Program; National List of Allowed and Prohibited SubstancesCrops and Handling From October 2019 NOSB
Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would amend the National List of Allowed and Prohibited Substances National List section of the United States Department of Agricultures USDAs organic regulations to add potassium hypochlorite for pre-harvest use as a sanitizer in organic crop production and fatty alcohols for sucker control in organic tobacco production. In addition, this rule proposes to remove the listing for dairy cultures, as it is redundant with an existing listing.
DATES: Comments must be received by May 24, 2021.
ADDRESSES: Interested persons may comment on the proposed rule using the following procedures:
Federal eRulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Mail: Jared Clark, Standards Division, National Organic Program, USDAAMSNOP, 1400 Independence Ave. SW, Room 2642S, Ag Stop 0268, Washington, DC 202500268.
Telephone: 202 7203252.
Instructions: All submissions received must include the docket number AMS
NOP190102, NOP1905, and/or Regulatory Information Number RIN
SUMMARY:

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0581AD93 for this rulemaking. When submitting a comment, clearly indicate the proposed rule topic and section number to which the comment refers. In addition, comments should clearly indicate whether the commenter supports the action being proposed and clearly indicate the reasons for the position. Comments can also include information on alternative management practices, where applicable, that support alternatives to the proposed amendments. Comments should also offer any recommended language changes that would be appropriate to the position. Please include relevant information and data to support the position such as scientific, environmental, manufacturing, industry, or impact information, or similar sources. Only relevant material supporting the position should be submitted. All comments received will be posted without change to https
www.regulations.gov.
Document: To access the document and read background documents, or comments received, go to https
www.regulations.gov search for Docket ID AMSNOP190102.
FOR FURTHER INFORMATION CONTACT:
Jared Clark, Standards Division, National Organic Program. Telephone:
202 7203252.
SUPPLEMENTARY INFORMATION:
I. Background On December 21, 2000, the Secretary established the National List within part 205 of the USDA organic regulations 7
CFR 205.600 through 205.607. The National List identifies the synthetic substances allowed in organic farming and the nonsynthetic substances prohibited in organic farming. The National List also identifies nonagricultural and nonorganic agricultural substances ingredients that may be used in organic handling.
The Organic Foods Production Act of 1990 OFPA, as amended 7 U.S.C.
65016524, and the USDA organic regulations 7 CFR part 205 specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List 205.601,
PO 00000

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205.603 and 205.605b. Section 205.105 also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling be on the National List 205.605a and 205.606. Under the authority of OFPA, the National List can be amended by the Secretary based on recommendations presented by the National Organic Standards Board NOSB. Since the final rule establishing the National Organic Program NOP became effective on October 21, 2002, USDAs Agricultural Marketing Service AMS has published multiple rules amending the National List.
This proposed rule would amend the National List to reflect three recommendations submitted to the Secretary by the NOSB on October 25, 2019. This action would make the following changes to the National List based on the NOSB recommendations for three substances. Two substances are proposed to be added to the National List for use in organic crop production in response to petitions from the public.
One substance is being recommended for removal from the National List because it is redundant to another listing on the National List. AMS
published two notices in the Federal Register announcing the NOSB
meetings and inviting public comments on the materials included in this proposed rule: November 26, 2018 83
FR 60373 and May 22, 2019 84 FR
23522. AMS also hosted public webinars April 16 & 18, 2019, and October 15 & 17, 2019, to provide additional opportunities for public comment. The NOSB received additional comment during its public meetings on April 2425, 2019,1 and October 2324, 2019.2 Table 1
summarizes the proposed changes to the National List.
1 National Organic Standards Board NOSB
Spring 2019 Meeting: https www.ams.usda.gov/
event/national-organic-standards-board-nosbmeeting-seattle-wa.
2 National Organic Standards Board NOSB Fall 2019 Meeting: https www.ams.usda.gov/event/
national-organic-standards-board-nosb-meetingpittsburgh-pa.

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