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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
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TABLE 1PROPOSED AMENDMENTS TO THE NATIONAL LIST
National list section
Substance Potassium hypochlorite
Fatty alcohols C6, C8, C10, C12
Dairy cultures

II. Overview of Proposed Amendments The following provides an overview of the proposed amendments to designated sections of the National List regulations:
205.601 Synthetic Substances Allowed for Use in Organic Crop Production This proposed rule would add two substances to 205.601, synthetic substances allowed for use in organic crop production.
Potassium Hypochlorite The proposed rule would amend the National List to add potassium hypochlorite to 205.601a as a synthetic substance allowed for use as a pre-harvest sanitizer in irrigation water in organic crop production. Table 2
illustrates the proposed listing.

TABLE 2PROPOSED AMENDMENT
FOR POTASSIUM HYPOCHLORITE
Proposed amendment:

Add potassium hypochlorite to 205.601a2.

In November 2018, AMS received a petition to add potassium hypochlorite as a synthetic substance allowed for use in organic crop production.3 4 The petition proposed to add potassium hypochlorite to 205.601 as a type of chlorine material that can be used as a pre-harvest sanitizer.
After considering the petition, the 2011 technical report on chlorine materials, and the public comments, the NOSB determined that this use of potassium hypochlorite meets the OFPA
criteria for allowed synthetic substances in organic crop production.5 The NOSB
3 The initial petition for potassium hypochlorite was submitted in November 2018: https
www.ams.usda.gov/sites/default/files/media/
PotassiumHypochloritePetition.pdf.
4 A revised petition for potassium hypochlorite was submitted in March 2019: https
www.ams.usda.gov/sites/default/files/media/
PotassiumHypochloriteRevisedPetition 03262019.pdf.
5 Chlorine compounds technical report, 2011:
https www.ams.usda.gov/sites/default/files/
media/Chlorine%202%20TR%202011.pdf. This technical report describes the manufacture, industry uses, regulation, and chemical properties of chlorine compounds. Information in this technical report is transferable to potassium hypochlorite.

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205.601
205.601
205.605

Proposed rule action Add to National List.
Add to National List.
Remove from National List.

concluded that potassium hypochlorite is similar to other chlorine materials allowed in organic crop production and allowing its use supports compliance with the Food Safety and Modernization Act FSMA 21 U.S.C. 22012252 to sanitize irrigation water. In addition, the NOSB indicated that potassium hypochlorite has advantages over sodium hypochlorite, also an allowed chlorine material at 205.601a2iv, because potassium is a plant nutrient and is unlikely to increase soil salinization because it does not contain sodium.
The NOSB recommended adding potassium hypochlorite to 205.601 as a synthetic substance allowed for use as a pre-harvest sanitizer for use in irrigation water in organic crop production. The recommendation also specified that the concentration of potassium hypochlorite in irrigation water should not exceed maximum residual disinfectant limits specified under the Safe Drinking Water Act SDWA 42 U.S.C. 300f et seq..6 7
Notably, the recommendation also explained the intent for a more limited allowance for potassium hypochlorite in comparison to other allowed chlorine substances on the National List for crop production. The recommendation specified that an allowance for potassium hypochlorite be limited to irrigation water. Additional uses, including post-harvest, would be prohibited.
AMS concurs with the NOSBs determination that potassium hypochlorite is a synthetic substance and that the use of potassium hypochlorite satisfies the OFPA criteria for allowed synthetic substances in organic crop production. Consistent with the NOSB recommendation, this proposed rule would amend the National List by adding potassium hypochlorite to the National List as a type of chlorine material that can be used as a pre-harvest sanitizer. Given that the NOSB recommendation specified that potassium hypochlorite be allowed for irrigation water only, we 6 NOSB potassium hypochlorite recommendation:
https www.ams.usda.gov/sites/default/files/
media/CSPotassiumHypochlorite.pdf.
7 Safe Drinking Water Act SDWA https
www.epa.gov/sdwa.

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are proposing that potassium hypochlorite would not be allowed for organic edible sprout production. This would clarify how the allowance for potassium hypochlorite is different from other allowed chlorine materials which are permitted for use in organic edible sprout production.
Fatty Alcohols C6, C8, C10, C12
The proposed rule would amend the National List to add fatty alcohols C6, C8, C10, C12 to 205.601 as a synthetic substance allowed for use in crop production. Table 3 illustrates the proposed listing.

TABLE 3PROPOSED
FOR FATTY ALCOHOLS

AMENDMENT
C6, C8, C10,
C12
Current rule:
Proposed amendment:

N/A.
Add fatty alcohols C6, C8, C10, and/or C12 to 205.601k.

AMS received a petition to add fatty alcohols C6, C8, C10, C12 to the National List for use in organic crop production.8 9 The petition identified the intended use as sucker control in tobacco production. The petition explained that sucker control in tobacco production improves yield and quality of the plant, reduces pest pressure and supports crop rotation practices.
After considering the petition, the technical report on fatty alcohols, and the public comments, the NOSB
determined that this use of fatty alcohols meets the OFPA criteria for allowed synthetic substances in organic tobacco production.10 The NOSB
concluded that the alternative materials for sucker control are ineffective and that fatty alcohols used for sucker 8 Fatty alcohols petition, December 10, 2018:
https www.ams.usda.gov/sites/default/files/
media/RevisedPetitionNaturalFattyAlcohols forUseonOrganicTobaccoCrops.pdf.
9 In 2015, a petition was submitted for fatty alcohols octanol-decanol mix. The NOSB did not recommend listing this substance. The 2015 fatty alcohols petition and the corresponding 2017 NOSB
recommendation are available in the list of petitioned substances on the AMS website: https
www.ams.usda.gov/rules-regulations/organic/
national-list/f.
10 Fatty alcohols technical report, 2016: https
www.ams.usda.gov/sites/default/files/media/Fatty Alcohols020217.pdf.

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