. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/527 
30 March 2010  
 (10-1738) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  UNITED STATES
  
If applicable, name of local government involved (Article 3.2 and 7.2):     
2. Agency responsible:  Agricultural Marketing Service, Department of  Agriculture  (AMS, 
USDA) (547) 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above :    
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicab le, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Organic foods 
(ICS:  67.040) 
5. Title, number of pages and langua ge(s) of the notified document:  National Organic 
Program, Sunset Review (2012) (10 pages, English)     
6. Description of content:  Sunset of the exempted or prohibited use of substances under the 
National Organic Program (NOP) is required by the Organic Foods Production Act of 1990 
(OFPA).  The exemptions and prohibitions granted under the OFPA are required to be 
reviewed every 5 years by the National Orga nic Standards Board (NOSB).  The Secretary 
of Agriculture has authority under the OFPA to  renew such exemptions  and prohibitions.  If 
they are not reviewed by the NOSB and renewe d by the Secretary within 5 years of their 
inclusion on the National List, their authorized use or prohibition expires.  This advance 
notice of proposed rulemaking (ANPR) announ ces the sunset of 37 exempted substances 
added to the National List for use in orga nic handling on 27 June 2007; the sunset of 183 
continued exemptions (use) a nd prohibitions of substances u sed in organic production and 
handling added to the list on 21 October 2007; the sunset of 2 exemptions of one substance 
for continued use in organic crop and livestock production added to the national list on 
11 December 2007; and the sunset of 10 exem pted substances for use in organic livestock 
production added to the national list on 13 December 2007.  This ANPR establishes 
27 June 2012, 21 October 2012, 11 December 2012, and 13 December 2012, as the respective dates by which the sunset review a nd renewal process must be concluded.  The 
NOP may try to conclude the sunset and renewal process for the 232 combined exempted 
and prohibited substances used in organic pr oduction and handling added to the National 
List in 2007 by the earliest respective date of 27 June 2012.  This ANPR also begins the public comment process on whether the identif ied existing exemptions and prohibitions 
should be continued.  Finally, this ANPR di scusses how the NOP will manage the sunset 
review and renewal process.  G/TBT/N/USA/527 
Page 2  
 
  7. Objective and rationale, including the natu re of urgent problems where applicable:  
Protection of human health  
8. Relevant documents:   75 Federal Register (FR) 14500, 26 March 2010; Title 7 Code of 
Federal Regulations (CFR) Part 205.  Will appear  in the Federal Register when adopted.   
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:  25 May 2010 
11. Text available from: National enquiry point [X], or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   Internet URLs: 
http://edocket.access.gpo.gov/2010/2010-6683.htm  
http://edocket.access.gpo.gov/2010/pdf/2010-6683.pdf