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[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Rules and Regulations]
[Pages 33290-33303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13523]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-09-0074; NOP-09-01FR]
RIN 0581-AC96

National Organic Program (NOP); Sunset Review (2012)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule addresses recommendations submitted to the 
Secretary of Agriculture (Secretary) by the National Organic Standards 
Board (NOSB) on April 29, 2010, October 28, 2010, and April 29, 2011. 
These recommendations pertain to the 2012 Sunset Review of substances 
on the U.S. Department of Agriculture's (USDA) National List of Allowed 
and Prohibited Substances (National List). Consistent with the NOSB 
recommendations, this final rule continues, without change, the 
exemptions (use) and prohibitions for multiple listings on the National 
List for 5 years after their respective sunset dates. This final rule 
also amends the exemptions (use) for 7 substances and removes the 
exemptions for 3 substances on the National List.

DATES: Effective Dates: This rule is effective June 27, 2012, except 
for the amendments to Sec. Sec.  205.601(g) and 205.605(a), which are 
effective October 21, 2012. For more information on these effective 
dates and renewals, see the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Melissa R. Bailey, Ph.D., Director, 
Standards Division, Telephone: (202) 720-3252; Fax: (202) 205-7808.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Organic Foods Production Act of 1990 (OFPA) (7 U.S.C. 6501-
6522) authorizes the establishment of the National List of Allowed and 
Prohibited Substances (National List). The National List identifies 
synthetic substances that may be used in organic production and 
nonsynthetic (natural) substances that are prohibited in organic crop 
and livestock production. The National List also identifies 
nonagricultural nonsynthetic, nonagricultural synthetic and nonorganic 
agricultural substances that may be used in organic handling.
    The exemptions and prohibitions granted under the OFPA are required 
to be reviewed every 5 years by the National Organic Standards Board

[[Page 33291]]

(NOSB). The Secretary of Agriculture has authority under the OFPA to 
renew such exemptions and prohibitions. If the substances are not 
reviewed by the NOSB within 5 years of their inclusion on the National 
List and addressed by the Secretary, then their authorized use or 
prohibition expires under OFPA's sunset provision.
    In response to the sunset provisions in the OFPA, this final rule 
addresses multiple recommendations submitted to the Secretary by the 
NOSB pertaining to substances due to expire from the National List in 
2012. AMS published an Advanced Notice of Proposed Rulemaking (ANPR) in 
the Federal Register on March 26, 2010 (75 FR 14500), announcing the 
NOSB's review of exempted and prohibited substances codified at the 
National List of the National Organic Program (NOP) regulations and set 
to expire in 2012. AMS provided the comments received in response to 
the ANPR to the NOSB in advance of their review of these substances. 
Based upon the NOSB's recommendations, AMS published a proposed rule in 
the Federal Register on January 12, 2012, (77 FR 1996) to address the 
continued use of these substances on the National List in organic 
production and handling.
    Consistent with the recommendations from the NOSB, this final rule 
renews, without change, multiple exemptions (uses) and prohibitions on 
the National List (along with any restrictive annotations) for 5 years. 
This final rule also amends the exemptions for 7 substances and removes 
the exemptions for 3 substances on the National List. A list of these 
substances is provided in the Appendix to this final rule. As 
referenced in the proposed rule for this 2012 Sunset Review, AMS notes 
that the listings for nutrient vitamins and minerals at section 
205.605(b) and sodium nitrate at section 205.602 will be dealt with in 
separate actions.
    Under the authority of the OFPA, the National List can be amended 
by the Secretary based on recommendations developed by the NOSB. Since 
established, the NOP has published multiple amendments to the National 
List: October 31, 2003 (68 FR 61987); November 3, 2003 (68 FR 62215); 
October 21, 2005 (70 FR 61217); June 7, 2006 (71 FR 32803); September 
11, 2006 (71 FR 53299); June 27, 2007 (72 FR 35137); October 16, 2007 
(72 FR 58469); December 10, 2007 (72 FR 69569); December 12, 2007 (72 
FR 70479); September 18, 2008 (73 FR 54057); October 9, 2008 (73 FR 
59479); July 6, 2010 (75 FR 38693); August 24, 2010 (75 FR 51919), 
December 13, 2010 (75 FR 77521); March 14, 2011 (76 FR 13501); August 
3, 2011 (76 FR 46595); and February 14, 2012 (77 FR 8089). 
Additionally, proposed amendments to the National List were published 
on May 5, 2011 (76 FR 25612); November 8, 2011 (76 FR 69141); January 
12, 2012 (77 FR 1980); and February 6, 2012 (77 FR 5717).

II. Overview of Final Actions

    A complete overview of final actions for designated sections of the 
National List regulations is presented in the Appendix.\1\ In the 
proposed rule, AMS indicated that proposed actions for each listing 
would be effective on the sunset date in 2012 for that listing (e.g. a 
listing due to sunset on October 21, 2012 would be renewed effective 
October 21, 2012). However, AMS determined that the effective dates for 
this sunset review should be streamlined to the extent possible through 
this final rule. Therefore, the actions pertaining to all listings, 
with the exception of the amendment to yeast at section 205.605(a) and 
the removal of sulfur dioxide at section 205.601, will be effective on 
one date, June 27, 2012. The effective date for each listing is 
specified in the Appendix. In accordance with the sunset provisions in 
the OFPA, the new sunset date for all listings is five years from the 
effective date of their renewal or amendment.
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    \1\ The Appendix shows a simplified listing for each substance; 
use categories and any restrictive annotations are not included in 
this overview.
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Renewals

    Consistent with the NOSB recommendations and in consideration of 
the public comments received on the proposed rule (77 FR 1996), AMS is 
renewing multiple listings pertaining to the National List through this 
final rule.
    This final rule continues the exemptions at section 205.601, along 
with any restrictive annotations, for the synthetic substances allowed 
for use in organic crop production as shown in the Appendix.
    This final rule continues the prohibitions at section 205.602, 
along with any restrictive annotations, for the nonsynthetic substances 
prohibited for use in organic crop production as shown in the Appendix. 
It should be noted that the nonsynthetic, prohibited substance ``Ash 
from manure burning'' was listed incorrectly in Table 1 of the proposed 
rule as ``Ash for manure burning'' (emphasis added). The correct 
listing is included in the Appendix of this final rule.
    This final rule continues the exemptions at section 205.603, along 
with any restrictive annotations, for the synthetic substances allowed 
for use in organic livestock production as shown in the Appendix.
    This final rule continues the prohibition at section 205.604, for 
the nonsynthetic substance prohibited for use in organic livestock 
production as shown in the Appendix.
    This final rule continues the exemptions at section 205.605(a), 
along with any restrictive annotations, for the nonsynthetic, 
nonagricultural (nonorganic) substances allowed as ingredients in or on 
processed products labeled as ``organic'' or ``made with organic 
(specified ingredients or food group(s))'' as shown in the Appendix.
    This final rule continues the exemptions at section 205.605(b), 
along with any restrictive annotations, for the synthetic, 
nonagricultural (nonorganic) substances allowed as ingredients in or on 
processed products labeled as ``organic'' or ``made with organic 
(specified ingredients or food group(s))'' as shown in the Appendix.
    This final rule continues the exemptions at section 205.606, along 
with any restrictive annotations, for the nonorganically produced 
agricultural products allowed as ingredients in or on processed 
products labeled as ``organic'' as shown in the Appendix.

Nonrenewals

    This final rule amends the National List by removing the exemptions 
as shown in the Appendix for the following 3 substances in organic 
production and handling:

Section 205.601 Synthetic Substances Allowed for Use in Organic Crop 
Production

    This final rule amends section 205.601 of the National List 
regulations by removing the exemption for sulfur dioxide at paragraph 
(g)(1) and redesignating current paragraph (g)(2) as (g) to read: (g) 
As rodenticides. Vitamin D3. This amendment is effective on 
the sunset date for sulfur dioxide, October 21, 2012.

Section 205.605 Nonagricultural (Nonorganic) Substances Allowed as 
Ingredients in or on Processed Products Labeled as ``Organic'' or 
``Made With Organic (Specified Ingredients or Food Group(s))''

    This final rule amends section 205.605(b) of the National List 
regulations by removing the exemption for pectin (low-methoxy), and the 
exemption, along with its restrictive annotation, for potassium iodide. 
These amendments are effective on June 27, 2012.

[[Page 33292]]

Renewals With Amendment

    This final rule amends the National List regulations by amending 
the exemptions as shown in the Appendix for the following 7 substances 
in organic production and handling:

Section 205.601 Synthetic Substances Allowed for Use in Organic Crop 
Production.

    This final rule amends the listing for chlorine materials at 
section 205.601(a)(2) to read as follows: Chlorine materials--For pre-
harvest use, residual chlorine levels in the water in direct crop 
contact or as water from cleaning irrigation systems applied to soil 
must not exceed the maximum residual disinfectant limit under the Safe 
Drinking Water Act, except that chlorine products may be used in edible 
sprout production according to EPA label directions. (i) Calcium 
hypochlorite. (ii) Chlorine dioxide. (iii) Sodium hypochlorite. This 
amendment is effective on June 27, 2012.
    This final rule amends section 205.601(i)(11) to add an expiration 
date to the listing for streptomycin to read as follows: Streptomycin, 
for fire blight control in apples and pears only until October 21, 
2014. This amendment is effective on June 27, 2012.
    This final rule amends the listing for lignin sulfonate at section 
205.601(j)(4) to remove the words ``floatation agent.'' The new listing 
will read: Lignin sulfonate--chelating agent, dust suppressant. This 
amendment is effective on June 27, 2012. It should be noted that the 
amendatory language for lignin sulfonate was incorrectly listed in the 
proposed rule as ``Lignin sulfate--chelating agent, dust suppressant'' 
(emphasis added). This error is corrected in this final rule.

Section 205.605 Nonagricultural (Nonorganic) Substances Allowed as 
Ingredients in or on Processed Products Labeled as ``Organic'' or 
``Made With Organic (Specified Ingredients or Food Group(s)) ''

    This final rule amends the listing for yeast section 205.605(a) to 
read as follows: Yeast--When used as food or a fermentation agent in 
products labeled as ``organic,'' yeast must be organic if its end use 
is for human consumption; nonorganic yeast may be used when organic 
yeast is not commercially available. Growth on petrochemical substrate 
and sulfite waste liquor is prohibited. For smoked yeast, nonsynthetic 
smoke flavoring process must be documented. This amendment is effective 
on the sunset date for yeast, October 21, 2012.

Section 205.606 Nonorganically Produced Agricultural Products Allowed 
as Ingredients in or on Processed Products Labeled as ``Organic ''

    This final rule adds a restrictive annotation to the listing for 
colors at section 205.606(d) to read as follows: Colors derived from 
agricultural products--Must not be produced using synthetic solvents 
and carrier systems or any artificial preservative. This amendment is 
effective on the sunset date for colors derived from agricultural 
products, June 27, 2012.
    This final rule adds an expiration date to the listing for hops at 
section 205.606(l) to read as follows: Hops (Humulus lupulus) until 
January 1, 2013. This amendment is effective on the sunset date for 
hops, June 27, 2012.
    This final rule amends the listing for pectin at section 205.606(t) 
to read as follows: Pectin (non-amidated forms only). This amendment is 
effective on June 27, 2012.

III. Related Documents

    An Advance Notice of Proposed Rulemaking with request for comments 
was published in the Federal Register on March 26, 2010 (75 FR 14500), 
to make the public aware that the exemptions and prohibitions for over 
200 listings of synthetic and nonsynthetic substances in organic 
production and handling would expire, if not reviewed by the NOSB and 
addressed by the Secretary. Substances and recommendations addressed 
through this final rule were announced for NOSB deliberation in the 
following Federal Register notices: (1) March 17, 2010 (75 FR 12723); 
September 20, 2010 (75 FR 57194); and (2) March 4, 2011 (76 FR 12013). 
The proposal to address the substances in this final rule was published 
as a proposed rule in the Federal Register on January 12, 2012 (77 FR 
1996).

IV. Statutory and Regulatory Authority

    The OFPA authorizes the Secretary to make amendments to the 
National List based on proposed amendments developed by the NOSB. 
Sections 6518(k)(2) and 6518(n) of OFPA authorize the NOSB to develop 
proposed amendments to the National List for submission to the 
Secretary and establish a petition process by which persons may 
petition the NOSB for the purpose of having substances evaluated for 
inclusion on or deletion from the National List. The National List 
petition process is implemented under section 205.607 of the NOP 
regulations. The current petition process (72 FR 2167, January 18, 
2007) can be accessed through the NOP Web site at http://www.ams.usda.gov.

A. Executive Order 12866

    This action has been determined not significant for purposes of 
Executive Order 12866, and therefore, has not been reviewed by the 
Office of Management and Budget.

B. Executive Order 12988

    Executive Order 12988 instructs each executive agency to adhere to 
certain requirements in the development of new and revised regulations 
in order to avoid unduly burdening the court system. This final rule is 
not intended to have a retroactive effect.
    States and local jurisdictions are preempted under the OFPA from 
creating programs of accreditation for private persons or State 
officials who want to become certifying agents of organic farms or 
handling operations. A governing State official would have to apply to 
USDA to be accredited as a certifying agent, as described in the OFPA 
(7 U.S.C. 6514(b)). States are also preempted by the OFPA (7 U.S.C. 
6503 through 6507) from creating certification programs to certify 
organic farms or handling operations unless the State programs have 
been submitted to, and approved by, the Secretary as meeting the 
requirements of the OFPA.
    Pursuant to the OFPA (7 U.S.C. 6507(b)(2)), a State organic 
certification program may contain additional requirements for the 
production and handling of organically produced agricultural products 
that are produced in the State and for the certification of organic 
farm and handling operations located within the State under certain 
circumstances. Such additional requirements must: (a) Further the 
purposes of the OFPA, (b) not be inconsistent with the OFPA, (c) not be 
discriminatory toward agricultural commodities organically produced in 
other States, and (d) not be effective until approved by the Secretary.
    Pursuant to the OFPA (7 U.S.C. 6519(f)), this final rule would not 
alter the authority of the Secretary under the Federal Meat Inspection 
Act (21 U.S.C. 601-624), the Poultry Products Inspection Act (21 U.S.C. 
451-471), or the Egg Products Inspection Act (21 U.S.C. 1031-1056), 
concerning meat, poultry, and egg products, nor any of the authorities 
of the Secretary of Health and Human Services under the Federal Food, 
Drug and Cosmetic Act (21 U.S.C. 301-399), nor the authority of the 
Administrator of EPA under the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA) (7 U.S.C. 136-136(y)).

[[Page 33293]]

    The OFPA (7 U.S.C. 6520) provides for the Secretary to establish an 
expedited administrative appeals procedure under which persons may 
appeal an action of the Secretary, the applicable governing State 
official, or a certifying agent under this title that adversely affects 
such person or is inconsistent with the organic certification program 
established under this title. The OFPA also provides that the U.S. 
District Court for the district in which a person is located has 
jurisdiction to review the Secretary's decision.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires 
agencies to consider the economic impact of each rule on small entities 
and evaluate alternatives that would accomplish the objectives of the 
rule without unduly burdening small entities or erecting barriers that 
would restrict their ability to compete in the market. The purpose of 
the RFA is to fit regulatory actions to the scale of businesses subject 
to such actions in order that small business will not be unduly or 
disproportionately burdened. Section 605 of the RFA allows an agency to 
certify a rule, in lieu of preparing an analysis, if the rulemaking is 
not expected to have a significant economic impact on a substantial 
number of small entities.
    Pursuant to the requirements set forth in the RFA, AMS performed an 
economic impact analysis on small entities in the final rule published 
in the Federal Register on December 21, 2000 (65 FR 80548). AMS has 
also considered the economic impact of this final rule on small 
entities and has determined that this rule would not have a significant 
economic impact on a substantial number of small entities. The effect 
of this final rule would be to allow the continued use of multiple 
substances in agricultural production and handling. AMS concludes that 
the economic impact of the renewals and renewals with amendment of 
allowed substances, if any, would be minimal and beneficial to small 
agricultural service firms. For the substances removed or further 
restricted through this final action, AMS determined that their use is 
either not prevalent or that alternatives to their use are available to 
organic producers and handlers.
    Small agricultural service firms, which include producers, 
handlers, and accredited certifying agents, have been defined by the 
Small Business Administration (SBA) (13 CFR 121.201) as those having 
annual receipts of less than $7,000,000 and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000.
    According to NOP's Accreditation and International Activities 
Division, the number of certified U.S. organic crop and livestock 
operations totaled over 17,000 in 2010. According to USDA, Economic 
Research Service (ERS) data based on information from USDA-accredited 
certifying agents, certified organic acreage exceeded 4.8 million acres 
in 2008.\2\ In 2009, U.S. certified organic apple acreage exceeded 
21,000 acres, primarily concentrated in Washington and California.\3\ 
ERS, based upon the list of certified operations maintained by the NOP, 
estimated the number of certified handling operations was 3,225 in 
2007.\4\ AMS believes that most of these entities would be considered 
small entities under the criteria established by the SBA.
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    \2\ U.S. Department of Agriculture, Economic Research Service. 
2009. Data Sets: U.S. Certified Organic Farmland Acreage, Livestock 
Numbers and Farm Operations, 1992-2008. http://www.ers.usda.gov/Data/Organic/.
    \3\ Kirby, Elizabeth, and David Granatstein. Status of Organic 
Tree Fruit in Washington State--2009, Washington State University, 
March 2010.
    \4\ U.S. Department of Agriculture, Economic Research Service, 
2009. Data Sets: Procurement and Contracting by Organic Handlers: 
Documentation. http://www.ers.usda.gov/Data/OrganicHandlers/Documentation.htm.
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    The U.S. sales of organic food and beverages have grown from $3.6 
billion in 1997 to nearly $21.1 billion in 2008.\5\ The organic 
industry is viewed as the fastest growing sector of agriculture, 
representing over 3 percent of overall food sales in 2009. Between 1990 
and 2008, organic food sales historically demonstrated a growth rate 
between 15 to 24 percent each year. In 2010, organic food sales grew 
7.7%.\6\
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    \5\ Dimitri, C., and L. Oberholtzer. 2009. Marketing U.S. 
Organic Foods: Recent Trends From Farms to Consumers, Economic 
Information Bulletin No. 58, U.S. Department of Agriculture, 
Economic Research Service, http://www.ers.usda.gov/Publications/EIB58.
    \6\ Organic Trade Association's 2011 Organic Industry Survey, 
http://www.ota.com.
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    In addition, USDA has 93 accredited certifying agents who provide 
certification services to producers and handlers. A complete list of 
names and addresses of accredited certifying agents may be found on the 
AMS NOP Web site, at http://www.ams.usda.gov/nop. AMS believes that 
most of these accredited certifying agents would be considered small 
entities under the criteria established by the SBA.

D. Paperwork Reduction Act

    No additional collection or recordkeeping requirements are imposed 
on the public by this final rule. Accordingly, OMB clearance is not 
required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, 
Chapter 35.

E. Executive Order 13175

    This final rule has been reviewed in accordance with the 
requirements of Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments. The review reveals that this regulation 
will not have substantial and direct effects on Tribal governments and 
will not have significant Tribal implications.

F. Comments Received on Proposed Rule NOP-09-01

    AMS received approximately 40 comments on the proposed rule. AMS 
received comments from consumers, organic producers and handlers, trade 
representatives, certifying agents, ingredient manufacturers, 
consultants, and an environmental organization. Most comments 
specifically addressed proposed amendments for individual substances. A 
few comments were received in support of multiple or all of the 
substances under this sunset review. A few comments presented concerns 
that were not within the scope of the sunset review action.
    All comments on the proposed amendments for hops and lignin 
sulfonate and the proposed removal of potassium iodide were supportive 
of the actions as proposed. Therefore, AMS is finalizing the amendments 
and removals as proposed through this final rule.
    Some comments suggested changes to the proposal rule for specific 
substances. These comments are described below in conjunction with AMS' 
response, including any amendments that will be addressed through this 
final rule.

Chlorine Materials

    AMS received six comments regarding the amendment for chlorine 
materials allowed in crop production at section 205.601(a)(2). Comments 
were received from trade associations, an environmental organization 
and a sprout producer. Four comments supported the proposed amendment 
for chlorine materials, while two comments raised issues associated 
with the use of chlorine in sprouts.
    AMS requested comments in the proposed rule on the use of chlorine 
in treatment of seeds for organic sprout production. Consistent with 
the NOSB recommendation, the proposed rule included an annotation 
change which, in part, intended to clarify the use of chlorine in 
edible sprout production. AMS specifically asked commenters to provide 
information on whether using

[[Page 33294]]

the Environmental Protection Agency (EPA) labeled rate of chlorine for 
sprouts (20,000 ppm), followed by a rinse of potable water, is 
appropriate for organic production. AMS also sought input from 
commenters on whether there are other Food and Drug Administration 
(FDA) and EPA approved materials or methods suitable for sprout 
treatment.
    One commenter responded that methods to ensure sprout safety are 
complex and stated that no single practice will completely eliminate 
pathogens. This commenter supported the clarification on chlorine as 
proposed and urged further development of criteria and procedures for 
assessing alternatives that would be both acceptable to FDA and in 
organic products.
    One commenter stated that there are other equally effective 
alternatives that would be more consistent with organic principles. 
This commenter, however, noted that the 20,000 ppm soak in calcium 
hypochlorite, a chlorine material currently allowed under the NOP 
regulations, is the only treatment for sprouts addressed by FDA in 
their guidance document.\7\ This commenter recommended that FDA clarify 
other treatment options that are permitted and effective for sprout 
treatment. AMS believes that this comment is pertinent to FDA's 
guidance, rather than AMS' proposed amendment for chlorine. In the 
absence of comments demonstrating acceptable alternatives for treatment 
of seed for sprouting, AMS concludes that the annotation change on 
chlorine specifying its allowance in spout production is appropriate 
and will codify this change through this final rule.
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    \7\ FDA, Guidance for Industry: Microbial Food Safety Hazards 
for Sprouted Seeds. October 27, 1999. http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/ProduceandPlanProducts/ucm120244.htm.
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    One commenter opposed all uses of chlorine in organic production, 
other than unavoidable residues of chlorine from its use in treated 
drinking water. This commenter stated that chlorine is a reactive 
chemical that can combine with organic matter to form persistent 
organochlorines and other disinfection byproducts. For this reason, the 
commenter felt that added chlorine should not be used in organic crop 
production. The commenter requested that AMS amend the annotation for 
chlorine to restrict all chlorine used in direct contact with crops, in 
irrigation systems, and in disinfection of equipment or tools to levels 
no greater than the maximum residual disinfectant limit under the Safe 
Drinking Water Act.
    AMS disagrees with the commenter on this issue. The NOSB reviewed 
and recommended chlorine for inclusion on the National List in 1995, 
2003, 2006 and 2011, according to the OFPA evaluation criteria in 7 
U.S.C. 6517 and 6518. In these reviews, the NOSB assessed the impact of 
using chlorine on the environment and human health, but concluded that 
the need for this substance in some instances is necessary to ensure 
prevention of food borne pathogens. Consistent with the April 2011 NOSB 
recommendation, AMS proposed an annotation to chlorine, which would 
limit its direct use on crops and in soil contact to levels no higher 
than those found in municipal drinking water. The NOSB has not 
recommended any limitation on the use of chlorine for disinfecting 
tools and equipment when necessary to prevent spread of plant diseases. 
Therefore, AMS is codifying the annotation change to chlorine as 
proposed through this final rule.

Pheromones

    AMS received one comment about the continued allowance for 
pheromones for insect management at section 205.601(f). The commenter 
objected to the categorical relisting of pheromones and indicated that 
the NOSB acted without sufficient information. The commenter indicated 
that although pheromone products are valuable to organic producers, 
there are many types of pheromones, and that the different types of 
pheromones were not reviewed by the NOSB. The commenter also indicated 
that the NOSB should address the use of additional ingredients in 
pheromone product formulations. The commenter suggested that the 
annotation be changed to list pheromones for insect management on 
section 205.601, provided that they are exempt from regulation under 
FIFRA (7 U.S.C. 136-136(y)) by 40 CFR 152.25(b).
    AMS disagrees with the commenter on this issue. The NOSB is 
responsible for reviewing generic materials, not specific product 
formulations. The NOSB has previously reviewed and recommended 
pheromones for inclusion on the National List according to the OFPA 
criteria. The NOP regulations currently allow the use of inert 
ingredients in pesticide formulations under a separate listing at 
section 205.601(m). During their sunset deliberations, the NOSB 
reviewed pheromones against the evaluation criteria in 7 U.S.C. 6517 
and 6518 of the OFPA and concluded that they remain essential to 
organic production since no organic alternatives exist. The NOSB 
recommended that the exemption for pheromones continue as previously 
allowed. AMS concurs with the NOSB's evaluation and recommendation of 
this substance, and therefore, does not find that sufficient 
information was provided by the commenter to justify the addition of an 
annotation to the listing for pheromones on the National List. 
Consistent with the NOSB recommendation, AMS is renewing the listing 
for pheromones through this final rule as proposed.

Sulfur Dioxide

    AMS received one comment that objected to the removal of sulfur 
dioxide from section 205.601(g) based upon its use for rodent control 
on organic farms. However, AMS did not receive any comments from 
organic producers that this substance is commonly used. Furthermore, as 
explained in the proposed rule, the NOSB determined that the EPA does 
not register any products for use as a rodenticide that contain sulfur 
dioxide as an active ingredient. Therefore, consistent with the NOSB 
recommendation, AMS is removing the listing for sulfur dioxide as a 
rodenticide from the National List through this final rule.

EPA List 4--Inerts of Minimal Concern

    AMS received one comment about the continued allowance for 
synthetic inert ingredients under the listing at section 205.601(m)(1) 
for ``EPA List 4--Inerts of Minimal Concern.'' The commenter opposes 
the inclusion of EPA List 4 as a category on the National List and 
indicated that all substances included on EPA List 4 should be 
individually considered by the NOSB. The commenter also objected to the 
use of the term ``inert'' in describing other ingredients in pesticide 
products. The commenter noted that ``inert'' ingredients may be 
biologically active or have toxicological affects. AMS disagrees with 
the commenter on this issue of redefining the term ``inert ingredient'' 
at this time. The term ``inert ingredient,'' is defined under the NOP 
regulations for consistency with EPA regulations under FIFRA. AMS does 
not conclude that sufficient information was provided by the commenter 
to justify the removal of this listing from the National List. 
Therefore, AMS is renewing the listing for EPA List 4 through this 
final rule as proposed.
    The commenter also suggested that the NOSB adopt a policy to 
transition to the individual review of inert ingredients. This comment 
is outside the scope of this rulemaking; however,

[[Page 33295]]

AMS notes that a working group is currently in place to address the 
allowance of inerts that were previously classified as EPA List 4, 
since the EPA is no longer maintaining this list.

Streptomycin

    AMS received eight comments on the proposed rule to relist 
streptomycin at section 205.601(i)(11) with an expiration date of 
October 21, 2014. Comments were received from a university-affiliated 
researcher, an agricultural pest and disease management specialist, an 
apple producer, a trade association, certifying agents, a streptomycin 
product manufacturer and an environmental organization.
    One comment supported the proposal to set October 21, 2014, as the 
expiration date for the use of streptomycin as recommended by the 
NOSB.\8\ This comment cited the following factors in support of phasing 
out streptomycin in organic apple and pear production: (i) Potential 
for the substance's continued use to result in antibiotic resistance in 
human pathogens; (ii) inconsistency with the prohibition on antibiotic 
use in organic livestock production; and, (iii) incompatibility with 
organic and sustainable agriculture. The commenter further clarified 
the third point by stating that streptomycin use discourages cultural 
and biological controls, such as disease-resistant varieties and 
rootstock, site selection, careful fertilization, adequate tree 
spacing, proper pruning, as well as newer biological control products.
---------------------------------------------------------------------------

    \8\ NOSB Formal Recommendation on Streptomycin Sunset. April 29, 
2011. Available on the NOP Web site: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5091714.
---------------------------------------------------------------------------

    Seven comments supported the proposal to relist streptomycin, but 
opposed the addition of the October 21, 2014 expiration date. These 
commenters stated that a longer allowance time is needed and provided 
the following reasons for this opinion: (i) In practice, applications 
of streptomycin are coupled with management strategies to reduce 
susceptibility to fire blight and are generally limited to situations 
when computer models warn that an infection is likely to occur; (ii) 
there is a lack of viable, commercially available alternatives to 
streptomycin for fire blight control in apple and pear production; 
(iii) the research community is engaged in an ongoing effort to develop 
alternatives to antibiotics for controlling fire blight; (iv) 
streptomycin is particularly effective in humid areas where fire blight 
has not developed resistance; and, (v) without the availability of 
streptomycin to treat fire blight, some U.S. organic apple and pear 
producers may exit organic production and imported products could 
compensate for any decrease in U.S. production.
    These commenters further stated that there is no assurance that 
current research efforts will yield any commercially viable 
alternative(s) to streptomycin in time for the October 21, 2014, 
expiration date. A number of commenters specifically cited a USDA-
Organic Agriculture Research and Extension Initiative grant for the 
development of non-antibiotic programs for fire blight control in 
organic apple and pear production. Commenters explained that the 
findings of this project, which started in September 2011, will not be 
available until 2016, and would enable the NOSB to assess the 
strategies for controlling fire blight without antibiotics after that 
time.
    Comments also addressed the efficacy of several of alternatives to 
streptomycin, including resistant rootstocks and varieties, and 
biological controls, all of which the NOSB cited in its justification 
for recommending an expiration date. Several commenters explained that 
resistant rootstocks are still in development and that resistance would 
not convey to the upper part of the tree where the fire blight 
infection takes hold. Some commenters stated that apple and pear 
varieties have varying degrees of susceptibility to fire blight, but 
none are immune. One commenter reported that consumers demand newer 
apple and pear varieties, which are susceptible to fire blight, and 
stated that there is no market for other varieties. One commenter noted 
the slow progress in developing new varieties that exhibit favorable 
eating and storage qualities, as well as fire blight resistance. Some 
comments described biological controls as a component of an overall 
fire blight management strategy, which are most effective when 
supplemented with antibiotics. Comments also contended that years of 
research have not yielded any biological control product that matches 
the effectiveness of streptomycin.
    Commenters specifically requested that the proposed expiration date 
for streptomycin be deleted. In effect, such an action would renew the 
current listing for streptomycin on the National List for five years, 
until 2017, when it would be subject to sunset review.
    Consistent with the NOSB recommendation, AMS is maintaining the 
proposed amendment to allow streptomycin for fire blight control in 
organic apple and pear production until October 21, 2014. During 
deliberations, the NOSB reviewed technical information on streptomycin 
in accordance with the criteria in OFPA (7 U.S.C. 6517-6518) and the 
NOP regulations for synthetic substances on the National List (Sec.  
205.600). The Technical Report considered by the NOSB addressed the 
same issues raised by the commenters to the proposed rule concerning 
the efficacy of alternatives to streptomycin.\9\ These alternatives 
include biological controls, allowed synthetic substances, the 
selection of varieties with low susceptibility to fire blight, and 
agronomic practices including careful and timely pruning, maintaining 
well-drained soil, limiting or excluding the use of manure and blossom 
removal. The NOSB is mandated by OFPA to evaluate whether alternative 
practices make the use of a substance such as streptomycin unnecessary. 
In this case, the NOSB found widespread fire blight resistance to 
streptomycin in apple production and continued use of apple and pear 
varieties that are highly susceptible to fire blight. Ultimately, the 
NOSB recommendation conveyed the expectation that preparation for the 
removal of streptomycin would augment the development and use of 
resistant rootstocks and cultivars, preventive management methods and 
the use of allowed biological and chemical controls.
---------------------------------------------------------------------------

    \9\ Technical Report on Streptomycin. March 8, 2011. Available 
in petitioned substances database, under ``S,'' at the NOP Web site: 
www.ams.usda.gov/nop.
---------------------------------------------------------------------------

    The NOSB also considered additional factors in its decision, 
including antibiotic resistance in humans and the high susceptibility 
of leading varieties of organic apple and pears, in terms of acreage, 
to fire blight. Consistent with the OFPA, the NOSB evaluated the 
effects of the use of streptomycin upon human health. The NOSB 
considered information from the Technical Report that streptomycin 
sprays can leave detectable residues in apple cores and skins. Based on 
this information, the NOSB was concerned that the continued use of 
streptomycin could contribute to antibiotic resistance which would be 
inconsistent with the principles of organic production and the OFPA 
criteria. The NOSB also stated that consumers expect that organic 
products are not produced with antibiotics.
    At the April 2011 meeting, the NOSB Crops Committee put forth a 
proposal to extend the exemption for streptomycin until October 21, 
2014. This proposal was intended to phase out use of this

[[Page 33296]]

substance while providing a sufficient timeframe for industry members 
to prepare for the removal of streptomycin from the National List. At 
the April 2011 NOSB meeting, the NOSB took two votes on the proposal 
for streptomycin: one vote on their recommendation to list streptomycin 
with the October 21, 2014, expiration date, and one ``back up vote'' to 
relist streptomycin without restriction. The NOSB conducted these votes 
in accordance with their sunset review process.\10\ The April 2011 NOSB 
recommendation for streptomycin specified their intent to phase out use 
of the substance over time through addition of the October 21, 2014, 
expiration date.\11\ Therefore, consistent with the recommendation of 
the NOSB, AMS published a rule proposing the October 21, 2014, 
expiration date for streptomycin.
---------------------------------------------------------------------------

    \10\ The NOSB sunset review process is described on pg. 54 of 
the NOSB Policy and Procedures Manual. Available at NOP Web site: 
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3013893. 
This process is further described in the October 28, 2010, NOSB 
Recommendation on Sunset Review Process. Available at NOP Web site: 
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5088004&acct=nosb.
    \11\ NOSB Recommendation on Streptomycin, April 29, 2011. 
Available at NOP Web site: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5091714.
---------------------------------------------------------------------------

    While some commenters submitted comments advocating for relisting 
streptomycin without restriction, AMS did not receive any new 
information from commenters on this issue that the NOSB had not 
considered during their April 2011 deliberations on streptomycin. 
Furthermore, AMS believes that relisting streptomycin without an 
expiration date would not meet the intent of the NOSB to phase out the 
use of this substance in organic apple and pear production over time. 
Therefore, consistent with the NOSB recommendation, AMS is codifying 
the addition of an expiration date to the listing for streptomycin 
through this final rule. Finally, AMS notes that extending the 
allowance for the use of streptomycin after the October 21, 2014, 
expiration date would require a petition to the NOSB. This process can 
be initiated in accordance with the Notice of Guidelines on Procedures 
for Submitting National List Petitions (72 FR 2167).

Flavors

    AMS received one comment from a trade association that specifically 
addressed the proposed relisting of flavors, nonsynthetic sources only, 
on section 205.605(a). The commenter supported the continued listing of 
nonsynthetic flavors with the existing restriction, ``must not be 
produced using synthetic solvents and carrier system or any artificial 
preservatives.'' AMS is renewing the listing for flavors as proposed 
through this final rule.
    The commenter, however, further requested that the NOP issue a 
guidance document to request that certifying agents use a standardized 
industry questionnaire to verify compliance of the use of nonsynthetic 
flavors in organic handling. AMS concludes this request is beyond the 
scope of this final rule.

Yeast

    AMS received over twenty comments in response to the proposed 
amendment for yeast. The majority of comments were supportive of the 
amendment in the proposed rule.
    One commenter noted that the proposed amendment for yeast would 
require producers of products labeled ``made with organic (specified 
ingredients or food group(s))'' to be subject to commercial 
availability before using a nonorganic ingredient, which is not 
required for products in this labeling category. Under section 
205.301(c) of the NOP regulations, products sold, labeled, or 
represented as ``made with organic (specified ingredients or food 
group(s))'' are not subject to the requirement that the product must 
not be produced using nonorganic ingredients when organic ingredients 
are available. AMS concludes that a modification to the proposed 
amendment for yeast is necessary to ensure consistency with the NOP 
regulations. Therefore, AMS has amended the yeast annotation through 
this final rule to clarify that the requirement that yeast be organic 
when commercially available is only applicable to products labeled 
``organic.''
    One commenter noted that the use of the term ``equivalent organic 
yeast'' in the proposed amendment was unclear since ``equivalent'' was 
not defined. The commenter noted that organic yeast may have lower 
leavening activity than conventional yeast, or may only be available in 
a specific form (e.g. dry and not fresh), and therefore would not be 
considered ``equivalent.'' AMS notes that the amendment allows the use 
of conventional yeast when organic yeast is not commercially available. 
Under the NOP regulations, ``commercially available'' is defined as the 
ability to obtain a production input in an appropriate form, quality, 
or quantity to fulfill an essential function in a system of organic 
production or handling, as determined by the certifying agent in the 
course of reviewing the organic plan. Thus, organic yeast is not 
required to be used if it is not available in the appropriate form or 
quality, as noted in the commenter's examples. To reduce confusion over 
the use of the term ``equivalent,'' AMS has removed this term from the 
amendment in the final rule as we believe the inclusion is redundant 
with the existing criteria for commercial availability.
    One commenter requested that AMS develop guidelines specifically 
for changes to the National List for which label revisions will be 
necessary. The commenter specifically noted that an operator presently 
using nonorganic yeast that successfully sources organic yeast will 
need to update the ingredient statement in their product labels to 
indicate the yeast is organic. The commenter suggested these guidelines 
allow at least one year for label revisions.
    AMS notes that the effective date of this amendment requires that 
product formulations be compliant by October 21, 2012. The publication 
of this final rule provides almost four months of notice to the 
industry about this change. Sections 205.304-205.306 of the NOP 
regulations require that each organic ingredient in the ingredient 
statement be identified with the word, ``organic,'' or with an asterisk 
or other reference mark which is defined below the ingredient statement 
to indicate the ingredient is organically produced. Therefore, if 
product formulations must be compliant by October 21, 2012, then the 
labels for these products should also be compliant with the regulations 
at sections 205.304-205.306 by the effective date for this amendment. 
Products entering the stream of commerce prior to the effective date do 
not have to be relabeled. AMS further notes that development of broad 
guidelines on label use up for any National List change is beyond the 
scope of this rulemaking.
    Two commenters requested that yeast be moved from section 205.605 
of the National List to section 205.606, as an agricultural product. 
One commenter noted that listing yeast on section 205.605 would allow 
products labeled ``made with organic (specified ingredients or food 
group(s))'' to use non-organic yeast without the requirements for 
documenting commercial availability. The NOP has addressed the concerns 
for products labeled ``made with organic (specified ingredients or food 
group(s))'' by clarifying that the annotation which requires organic 
yeast is applicable only to products labeled ``organic.'' One commenter 
noted that yeast is an

[[Page 33297]]

organism grown for food and that it should be considered an 
agricultural product for listing on section 205.606, rather than 
section 205.605. Based on review of the record, the NOSB considered 
this perspective during its deliberations before issuing its formal 
recommendation to the NOP; therefore, AMS has chosen to retain the 
listing on section 205.605, as recommended by the NOSB, rather than 
moving the listing to section 205.606.
    One commenter was opposed to the proposed amendment for yeast and 
supported the existing listing. The commenter noted that organic yeast 
is only available in dry form, not fresh. In addition, the commenter 
claimed that leavening activity in organic yeast is much lower than 
conventional yeast and that organic yeast is costly, and, therefore, is 
not equivalent in performance and cost. AMS notes that the current 
annotation permits the use of nonorganic yeast when organic yeast is 
not commercially available. Under the NOP regulations, section 205.2, 
commercially available is defined as the ability to obtain a production 
input in an appropriate form, quality, or quantity to fulfill an 
essential function in a system of organic production or handling, as 
determined by the certifying agent in the course of reviewing the 
organic plan. The commenter's concern about sourcing an appropriate 
form (e.g. fresh, rather than dry) or quality (e.g. better leavening 
activity) could be considered by the certifying agent to determine 
whether nonorganic yeast would be allowed under the regulations in 
specific applications. The higher cost of organic yeast is not one of 
the permitted criteria for determining commercial availability under 
the NOP regulations. The NOSB considered the issues raised by the 
commenters, and AMS concludes that the inclusion of a commercial 
availability clause addresses the commenter's concern about the 
allowance for conventional yeast when organic yeast is not available in 
an appropriate form, quality, or quantity.

Silicon Dioxide

    The NOP received one comment stating that the listing for silicon 
dioxide at section 205.605(b) should be amended to reflect a December 
2011 NOSB recommendation on this substance. In their December 2011 
recommendation, the NOSB recommended the addition of a restrictive 
annotation to specify that silicon dioxide, a synthetic used in 
processed products, could only be used if a nonsynthetic alternative 
for certain uses is not commercially available. However, the December 
2011 NOSB recommendation was not available when drafting the proposed 
rule for this 2012 Sunset Review. Therefore, consistent with the 
October 2010 NOSB recommendation pertaining to the 2012 Sunset Review 
for this substance, AMS published a proposed rule on January 12, 2012, 
to renew silicon dioxide at section 205.605(b) as currently listed 
(i.e. without annotation). Because the proposal to amend the annotation 
for silicon dioxide was not included in the proposed rule and AMS did 
not receive public comment on such a change, AMS is not amending the 
annotation in this final rule. AMS is, therefore, renewing the existing 
listing for silicon dioxide through this final rule as proposed. AMS 
intends to address the December 2011 NOSB recommendation for this 
substance through a separate rulemaking action for National List 
amendments.

Xanthan Gum

    AMS received one comment from a trade association in support of 
relisting xanthan gum; however, this commenter also suggested 
reclassifying the substance as nonsynthetic and relisting it at section 
205.605(a) of the National List. This commenter describes xanthan gum 
as a natural extracellular polysaccharide. The NOSB reviewed xanthan 
gum in April 2010 and did not propose any change in classification at 
that time. Therefore, AMS is renewing the listing for xanthan gum as 
codified.

Pectin

    In accordance with the October 2010 NOSB recommendation, the NOP 
proposed to remove the listing of synthetic pectin (low methoxy) at 
section 205.605(b), and to amend the listing for pectin (high-methoxy) 
at section 205.606(t) to ``Pectin (non-amidated forms only).'' The NOP 
received five comments in support of these proposed changes from trade 
associations, a beverage and dairy products manufacturer, and a 
consulting firm. The commenters agreed generally that non-amidated 
forms of pectin are adequate for use in organic products.
    One commenter opposed the proposed changes for technical reasons. 
This commenter disagreed with the October 2010 NOSB recommendation that 
considered both low-methoxy and high-methoxy pectin to be derived from 
a similar non-synthetic extraction process, with the difference in the 
final substance resulting from a longer extraction period. The 
commenter pointed out that the low-methoxy pectin is produced as a 
result of esterification (by removal of methyl groups, or 
demethylation) of high-methoxy pectin which is initially derived from 
citrus peel or apple pomace.\12\ This commenter agreed that amidated 
forms of pectin (forms treated with ammonia) are not necessary for use 
in organic production, but noted that only low-methoxy pectin is 
available in amidated form. This commenter suggested that the listing 
at section 205.605(b) be amended to: ``Low-methoxy pectin, non-amidated 
forms only'' and that the existing listing for high-methoxy pectin be 
retained at section 205.606.
---------------------------------------------------------------------------

    \12\ This process is also described in the 2009 Technical Report 
for Non Amidated Low Methoxyl Pectin. Available at NOP Web site: 
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5087206.
---------------------------------------------------------------------------

    While AMS believes that the commenter has merit regarding technical 
classification of the substance, the intent of the NOSB was to require 
that all forms of pectin used in organic products be subject to the 
requirement that organic sources be used when commercially available. 
Therefore, consistent with the intent of the NOSB, we have retained the 
proposed amendments for pectin in this final rule.

Colors

    AMS received four comments in support of the proposed amendment to 
the listing for colors at section 205.606(d). The proposed listing was 
``Colors derived from agricultural products--Must not be produced using 
synthetic solvents and carrier systems or any artificial 
preservative.'' These commenters, however, requested that AMS clarify 
whether synthetic substances allowed under section 205.605(b) for 
solvent extraction, or as carriers, preservatives or stabilizers, and 
which are currently allowed for use in organic colors, would also be 
allowed for use in nonorganic colors at section 205.606. Commenters 
specifically referenced ascorbic acid, carbon dioxide, glycerin, 
silicon dioxide and tocopherols, as examples of substances listed at 
section 205.605(b), which are currently allowed to produce organic 
colors. These substances were previously recommended by the NOSB and 
are currently codified as allowed synthetics at section 205.605(b) of 
the National List. The commenters requested clarification as to whether 
such substances at section 205.605(b) would still be allowed in the 
production of nonorganic colors under the proposed amendment.
    At their October 2010 meeting, the NOSB discussed the need for an 
annotation to clarify the allowance of synthetic solvents in the 
preparation of

[[Page 33298]]

the colors listed on section 205.606.\13\ The NOSB recommended an 
amendment to restrict the use of synthetic solvents, carrier systems 
and artificial preservatives in the production of colors. However, in 
their recommendation, the NOSB did not address whether this restriction 
would apply to synthetics already listed at section 205.605(b).
---------------------------------------------------------------------------

    \13\ This NOSB discussion is available on the NOP Web site in 
the meeting transcript for Oct. 26, 2010 at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5088302&acct=nosb.
---------------------------------------------------------------------------

    The NOSB has already reviewed and recommended the synthetics listed 
at section 205.605(b) of the National List. Therefore, the synthetics 
listed at section 205.605(b) of the National List are already allowed 
in organic processed products, including in the formulation of colors. 
AMS believes the intent of the NOSB recommendation for colors is to 
prevent the use of synthetic substances that are not on the National 
List in the formulation of colors. Substances at section 205.605(b) of 
the National List will still be allowed in the production of nonorganic 
colors under the amendment.
    One commenter stated that unrestricted use of synthetic solvents or 
carriers permitted by FDA should be acceptable in colors used for 
organic production. AMS disagrees with this comment. While certain 
synthetic solvents or carriers may be permitted by FDA, these 
synthetics would need to be petitioned and reviewed by the NOSB for 
inclusion on the National List under the NOP regulations.
    Some commenters requested that AMS provide a one year compliance 
date from the effective date of the amendment to colors. Commenters 
stated that, while they believe that colors that comply with the 
amendment are available, manufacturers will need time to reformulate 
products that contained colors produced with synthetic solvents or 
carrier systems no longer allowed under the amendment. Based on the 
comments received, AMS understands that some product reformulation may 
be necessary. The effective date for this amendment is June 27, 2012, 
the sunset date for the current listing for colors. While this 
amendment is effective on June 27, 2012, AMS considers a one year 
period from that date as reasonable and appropriate for the industry to 
reformulate products in order to ensure that the amendment is 
effectively and rationally implemented. AMS will be conducting outreach 
to the industry and training for certifying agents as appropriate.

Cornstarch

    AMS received one comment opposed to the continued listing of 
cornstarch (native) at section 205.606(w)(1) of the National List. This 
commenter cited several sources for organic cornstarch that include a 
number of types for different applications, and suggested that 
nonorganic cornstarch should no longer be given an exemption for 
organic use. The commenter also believes that nonorganic cornstarch 
should not be included on the National List since most nonorganic 
sources could be derived from genetically engineered corn.
    During the October 2010 NOSB deliberations on the 2012 Sunset 
Review for cornstarch, the NOSB did not receive public comments 
objecting to relisting of cornstarch, and received several in support 
of relisting on section 205.606. In their review, the NOSB did not 
identify risks to the environment, human or animal health resulting 
from the use or manufacture of the substance. Based upon the NOSB's 
recommendation, AMS is relisting cornstarch as codified at section 
205.606. AMS notes that all nonorganic ingredients, including 
cornstarch, used in products labeled ``organic'' or ``made with organic 
(specified ingredients or food group(s)'' must not be produced using 
excluded methods, and that organic cornstarch should be used if 
commercially available.
F. Effective Date
    This final rule reflects recommendations submitted to the Secretary 
by the NOSB for the purpose of fulfilling the requirements of 7 U.S.C. 
6517(e) of the OFPA. Section 7 U.S.C. 6517(e) requires the NOSB to 
review each substance on the National List within 5 years of its 
publication. The substances being renewed or reauthorized with amended 
annotations on the National List were most recently reauthorized for 
use in organic agriculture on June 27, 2007, October 21, 2007, December 
11, 2007, and December 13, 2007. In the case of substances reauthorized 
for use on June 27, 2007 and due to expire on June 27, 2012, the 
substances being renewed and amended are critical to organic production 
and handling operations.
    Accordingly, pursuant to 5 U.S.C. 553, it is found and determined 
that good cause exists for not postponing the effective date for 
amendments and renewals contained in this rule that are due to expire 
on June 27, 2012, until 30 days after publication in the Federal 
Register. The effective dates for all substances are indicated in the 
Appendix.

List of Subjects in 7 CFR Part 205

    Administrative practice and procedure, Agriculture, Animals, 
Archives and records, Imports, Labeling, Organically produced products, 
Plants, Reporting and recordkeeping requirements, Seals and insignia, 
Soil conservation.

    For the reasons set forth in the preamble, 7 CFR part 205 is 
amended as follows:

PART 205--NATIONAL ORGANIC PROGRAM

0
1. The authority citation for 7 CFR part 205 continues to read as 
follows:

    Authority:  7 U.S.C. 6501-6522.

0
2. Section 205.601 is amended by:
0
A. Revising paragraph (a)(2);
0
B. Revising paragraph (g);
0
C. Revising paragraph (i)(11); and
0
D. Revising paragraph (j)(4) to read as follows:

Sec.  205.601  Synthetic substances allowed for use in organic crop 
production.

* * * * *
    (a) * * *
    (2) Chlorine materials--For pre-harvest use, residual chlorine 
levels in the water in direct crop contact or as water from cleaning 
irrigation systems applied to soil must not exceed the maximum residual 
disinfectant limit under the Safe Drinking Water Act, except that 
chlorine products may be used in edible sprout production according to 
EPA label directions.
    (i) Calcium hypochlorite.
    (ii) Chlorine dioxide.
    (iii) Sodium hypochlorite.
* * * * *
    (g) As rodenticides. Vitamin D3.
* * * * *
    (i) * * *
    (11) Streptomycin, for fire blight control in apples and pears only 
until October 21, 2014.
* * * * *
    (j) * * *
    (4) Lignin sulfonate--chelating agent, dust suppressant.
* * * * *

0
3. Section 205.605 is amended by:
0
A. Revising the annotation for ``Yeast'' under paragraph (a);
0
B. Removing ``Pectin (low-methoxy)'' from paragraph (b); and
0
C. Removing the paragraph for ``Potassium iodide'' from paragraph (b).
    The revision reads as follows:

[[Page 33299]]

Sec.  205.605  Nonagricultural (nonorganic) substances allowed as 
ingredients in or on processed products labeled as ``organic'' or 
``made with organic (specified ingredients or food group(s)).''

* * * * *
    (a) * * *
* * * * *
    Yeast--When used as food or a fermentation agent in products 
labeled as ``organic,'' yeast must be organic if its end use is for 
human consumption; nonorganic yeast may be used when organic yeast is 
not commercially available. Growth on petrochemical substrate and 
sulfite waste liquor is prohibited. For smoked yeast, nonsynthetic 
smoke flavoring process must be documented.
* * * * *

0
4. Section 205.606 is amended by:
0
A. Revising paragraph (d);
0
B. Revising paragraph (l); and
0
C. Revising paragraph (t).
0
The revisions read as follows:

Sec.  205.606  Nonorganically produced agricultural products allowed as 
ingredients in or on processed products labeled ``organic''.

* * * * *
    (d) Colors derived from agricultural products--Must not be produced 
using synthetic solvents and carrier systems or any artificial 
preservative.
* * * * *
    (l) Hops (Humulus lupulus) until January 1, 2013.
* * * * *
    (t) Pectin (non-amidated forms only).
* * * * *

    Dated: May 30, 2012.
David R. Shipman,
Administrator, Agricultural Marketing Service.
    Note: The following Appendix will not appear in the Code of Federal 
Regulations.
---------------------------------------------------------------------------

    \14\ This Appendix shows a simplified listing for each 
substance; use categories and any restrictive annotations are not 
included in this overview.

                            Appendix--Overview of Final Actions for Sunset 2012 \14\
----------------------------------------------------------------------------------------------------------------
    National list section        Substance           NOSB meeting            Effective date        Final action
----------------------------------------------------------------------------------------------------------------
Sec.   205.601 Synthetic      Alcohols         April 2011.............  June 27, 2012..........  Renew.
 substances allowed for use    (Ethanol;       April 2010 *...........  June 27, 2012..........  Renew.
 in organic crop production.   Isopropanol).   April 2010 *...........  June 27, 2012..........  Renew.
                              Ammonium
                               carbonate.
                              Aquatic plant
                               extracts
                               (other than
                               hydrolyzed).
                              Boric acid.....  April 2010 *...........  June 27, 2012..........  Renew.
                              Chlorine         April 2011.............  June 27, 2012..........  Amend: Chlorine
                               materials at                                                       materials--For
                               Sec.                                                               pre-harvest
                               205.601(a)(2)                                                      use, residual
                               (Calcium                                                           chlorine
                               hypochlorite;                                                      levels in the
                               chlorine                                                           water in
                               dioxide;                                                           direct crop
                               sodium                                                             contact or as
                               hypochlorite).                                                     water from
                                                                                                  cleaning
                                                                                                  irrigation
                                                                                                  systems
                                                                                                  applied to
                                                                                                  soil must not
                                                                                                  exceed the
                                                                                                  maximum
                                                                                                  residual
                                                                                                  disinfectant
                                                                                                  limit under
                                                                                                  the Safe
                                                                                                  Drinking Water
                                                                                                  Act, except
                                                                                                  that chlorine
                                                                                                  products may
                                                                                                  be used in
                                                                                                  edible sprout
                                                                                                  production
                                                                                                  according to
                                                                                                  EPA label
                                                                                                  directions.
                              Coppers, fixed   April 2011.............  June 27, 2012..........  Renew.
                               (Copper
                               hydroxide;
                               copper oxide;
                               copper
                               oxychloride,
                               includes
                               products
                               exempted from
                               EPA tolerance).
                              Copper sulfate.  April 2011.............  June 27, 2012..........  Renew.
                              Elemental        April 2010 *...........  June 27, 2012..........  Renew.
                               sulfur (3
                               uses).
                              EPA List 4--     October 2010...........  June 27, 2012..........  Renew.
                               Inerts of
                               Minimal
                               Concern.
                              Ethylene gas...  April 2011.............  June 27, 2012..........  Renew.
                              Herbicides,      April 2010 *...........  June 27, 2012..........  Renew.
                               soap-based.
                              Humic acids....  April 2010 *...........  June 27, 2012..........  Renew.
                              Hydrated lime..  April 2010 *...........  June 27, 2012..........  Renew.
                              Hydrogen         April 2010 *...........  June 27, 2012..........  Renew.
                               peroxide (2
                               uses).
                              Lignin           April 2011.............  June 27, 2012..........  Amend: Lignin
                               sulfonate at                                                       sulfonate--che
                               Sec.                                                               lating agent,
                               205.601(j)(4).                                                     dust
                                                                                                  suppressant.
                              Lignin           April 2011.............  June 27, 2012..........  Renew.
                               sulfonate at
                               Sec.
                               205.601(l)(1).
                              Lime sulfur (2   April 2010 *...........  June 27, 2012..........  Renew.
                               uses).
                              Liquid fish      April 2010 *...........  June 27, 2012..........  Renew.
                               products.
                              Magnesium        April 2011.............  June 27, 2012..........  Renew.
                               sulfate.
                              Micronutrients   April 2010 *...........  June 27, 2012..........  Renew.
                               (Soluble boron
                               products;
                               Sulfates,
                               carbonates,
                               oxides, or
                               silicates of
                               zinc, copper,
                               iron,
                               manganese,
                               molybdenum,
                               selenium, and
                               cobalt).

[[Page 33300]]

 
                              Mulches          April 2011.............  June 27, 2012..........  Renew.
                               (Newspapers or
                               other recycled
                               paper, without
                               glossy or
                               colored inks;
                               Plastic mulch
                               and covers).
                              Newspapers or    April 2011.............  June 27, 2012..........  Renew.
                               other recycled
                               paper, without
                               glossy or
                               colored inks.
                              Oils,            April 2010 *...........  June 27, 2012..........  Renew.
                               horticultural-
                               narrow range
                               oils as
                               dormant,
                               suffocating,
                               and summer
                               oils (2 uses).
                              Pheromones.....  April 2011.............  June 27, 2012..........  Renew.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               bicarbonate.
                              Soap-based       April 2010 *...........  June 27, 2012..........  Renew.
                               algicide/
                               demossers.
                              Soaps, ammonium  April 2010 *...........  June 27, 2012..........  Renew.
                              Soaps,           April 2010 *...........  June 27, 2012..........  Renew.
                               insecticidal.
                              Sodium silicate  April 2011.............  June 27, 2012..........  Renew.
                              Sticky traps/    April 2010 *...........  June 27, 2012..........  Renew.
                               barriers.
                              Streptomycin...  April 2011.............  June 27, 2012..........  Amend:
                                                                                                  Streptomycin,
                                                                                                  for fire
                                                                                                  blight control
                                                                                                  in apples and
                                                                                                  pears only
                                                                                                  until October
                                                                                                  21, 2014.
                              Sucrose          April 2010 *...........  June 27, 2012..........  Renew.
                               octanoate
                               esters (CAS
                               s--42
                               922-74-7;
                               58064-47-4).
                              Sulfur dioxide.  April 2011.............  October 21, 2012.......  Remove.
                              Vitamin B1, C,   April 2010 *...........  June 27, 2012..........  Renew.
                               and E.
                              Vitamin D3.....  April 2011.............  June 27, 2012..........  Renew.
Sec.   205.602 Nonsynthetic   Arsenic........  April 2010 *...........  June 27, 2012..........  Renew.
 substances prohibited for    Ash from manure  April 2010 *...........  June 27, 2012..........  Renew.
 use in organic crop           burning.        April 2010 *...........  June 27, 2012..........  Renew.
 production.                  Lead salts.....
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               chloride.
                              Sodium           April 2010 *...........  June 27, 2012..........  Renew.
                               fluoaluminate
                               (mined).
                              Sodium nitrate.  April 2011.............  .......................  Addressed in
                                                                                                  separate
                                                                                                  rulemaking
                                                                                                  action.
                              Strychnine.....  April 2010 *...........  June 27, 2012..........  Renew.
                              Tobacco dust     April 2010 *...........  June 27, 2012..........  Renew.
                               (nicotine
                               sulfate).
Sec.   205.603 Synthetic      Alcohols         October 2010...........  June 27, 2012..........  Renew.
 substances allowed for use    (Ethanol;       October 2010...........  June 27, 2012..........  Renew.
 in organic livestock          Isopropanol).   April 2010 *...........  June 27, 2012..........  Renew.
 production.                  Aspirin........  April 2010 *...........  June 27, 2012..........  Renew.
                              Atropine (CAS
                               -51-5
                               5-8).
                              Biologics--Vacc
                               ines.
                              Butorphanol      April 2010 *...........  June 27, 2012..........  Renew.
                               (CAS -
                               42408-82-2).
                              Chlorhexidine..  April 2010 *...........  June 27, 2012..........  Renew.
                              Chlorine         October 2010...........  June 27, 2012..........  Renew.
                               materials
                               (Calcium
                               hypochlorite;
                               chlorine
                               dioxide;
                               sodium
                               hypochlorite).
                              Copper sulfate.  October 2010...........  June 27, 2012..........  Renew.
                              Electrolytes...  April 2010 *...........  June 27, 2012..........  Renew.
                              EPA List 4--     October 2010...........  June 27, 2012..........  Renew.
                               Inerts of
                               Minimal
                               Concern.
                              Excipients.....  April 2010 *...........  June 27, 2012..........  Renew.
                              Flunixin (CAS    April 2010 *...........  June 27, 2012..........  Renew.
                               -3867
                               7-85-9).
                              Furosemide.....  October 2010...........  June 27, 2012..........  Renew.
                              Glucose........  October 2010...........  June 27, 2012..........  Renew.
                              Glycerine......  October 2010...........  June 27, 2012..........  Renew.
                              Hydrogen         April 2010 *...........  June 27, 2012..........  Renew.
                               peroxide.
                              Iodine (2 uses)  April 2010 *...........  June 27, 2012..........  Renew.
                              Ivermectin.....  April 2010 *...........  June 27, 2012..........  Renew.
                              Lidocaine......  April 2010 *...........  June 27, 2012..........  Renew.
                              Lime, hydrated.  April 2010 *...........  June 27, 2012..........  Renew.
                              Magnesium        April 2010 *...........  June 27, 2012..........  Renew.
                               hydroxide (CAS
                               -1309
                               -42-8).
                              Magnesium        October 2010...........  June 27, 2012..........  Renew.
                               sulfate.
                              Mineral oil....  April 2010 *...........  June 27, 2012..........  Renew.
                              Oxytocin.......  April 2010 *...........  June 27, 2012..........  Renew.
                              Peroxyacetic/    April 2010 *...........  June 27, 2012..........  Renew.
                               peracetic acid
                               (CAS -
                               79-21-0).
                              Phosphoric acid  April 2010 *...........  June 27, 2012..........  Renew.
                              Poloxalene (CAS  April 2010 *...........  June 27, 2012..........  Renew.
                               -9003
                               -11-6).
                              Procaine.......  April 2010 *...........  June 27, 2012..........  Renew.

[[Page 33301]]

 
                              Sucrose          April 2010 *...........  June 27, 2012..........  Renew.
                               octanoate
                               esters (CAS
                               s--42
                               922-74-7;
                               58064-47-4).
                              Tolazoline (CAS  April 2010 *...........  June 27, 2012..........  Renew.
                               -59-9
                               8-3).
                              Trace minerals.  April 2010 *...........  June 27, 2012..........  Renew.
                              Vitamins.......  April 2010 *...........  June 27, 2012..........  Renew.
                              Xylazine (CAS    April 2010 *...........  June 27, 2012..........  Renew.
                               -7361
                               -61-7).
Sec.   205.604 Nonsynthetic   Strychnine.....  April 2010 *...........  June 27, 2012..........  Renew.
 substances prohibited for
 use in organic livestock
 production.
Sec.   205.605(a)             Acids (Alginic;  April 2010 *...........  June 27, 2012..........  Renew.
 Nonsynthetic,                 citric;         April 2010 *...........  June 27, 2012..........  Renew.
 nonagricultural substances    lactic).        April 2010 *...........  June 27, 2012..........  Renew.
 allowed as ingredients in    Bentonite......  April 2010 *...........  June 27, 2012..........  Renew.
 or on processed products     Calcium          April 2010 *...........  June 27, 2012..........  Renew.
 labeled as ``organic'' or     carbonate.      April 2010 *...........  June 27, 2012..........  Renew.
 ``made with organic          Calcium          April 2011.............  June 27, 2012..........  Renew.
 (specified ingredients or     chloride.       October 2010...........  June 27, 2012..........  Renew.
 food group(s))''.            Dairy cultures.  April 2010 *...........  June 27, 2012..........  Renew.
                              Diatomaceous
                               earth.
                              Enzymes........
                              Flavors........
                              Kaolin.........
                              Magnesium        October 2010...........  June 27, 2012..........  Renew.
                               sulfate.
                              Nitrogen.......  April 2010 *...........  June 27, 2012..........  Renew.
                              Oxygen.........  April 2010 *...........  June 27, 2012..........  Renew.
                              Perlite........  April 2010 *...........  June 27, 2012..........  Renew.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               chloride.
                              Potassium        April 2011.............  June 27, 2012..........  Renew.
                               iodide.
                              Sodium           April 2010 *...........  June 27, 2012..........  Renew.
                               bicarbonate.
                              Sodium           April 2010 *...........  June 27, 2012..........  Renew.
                               carbonate.
                              Waxes (Carnauba  April 2010 *...........  June 27, 2012..........  Renew.
                               wax; Wood
                               resin).
                              Yeast            October 2010...........  October 21, 2012.......  Amend: Yeast--
                               (Autolysate;                                                       When used as
                               Bakers;                                                            food or a
                               Brewers;                                                           fermentation
                               Nutritional;                                                       agent in
                               Smoked).                                                           products
                                                                                                  labeled
                                                                                                  ``organic'',
                                                                                                  yeast must be
                                                                                                  organic if its
                                                                                                  end use is for
                                                                                                  human
                                                                                                  consumption;
                                                                                                  nonorganic
                                                                                                  yeast may be
                                                                                                  used when
                                                                                                  organic yeast
                                                                                                  is not
                                                                                                  commercially
                                                                                                  available.
                                                                                                  Growth on
                                                                                                  petrochemical
                                                                                                  substrate and
                                                                                                  sulfite waste
                                                                                                  liquor is
                                                                                                  prohibited.
                                                                                                  For smoked
                                                                                                  yeast,
                                                                                                  nonsynthetic
                                                                                                  smoke
                                                                                                  flavoring
                                                                                                  process must
                                                                                                  be documented.
Sec.   205.605(b) Synthetic,  Alginates......  April 2010 *...........  June 27, 2012..........  Renew.
 nonagricultural substances   Ammonium         April 2010 *...........  June 27, 2012..........  Renew.
 allowed as ingredients in     bicarbonate.    April 2010 *...........  June 27, 2012..........  Renew.
 or on processed products     Ammonium         April 2010 *...........  June 27, 2012..........  Renew.
 labeled as ``organic'' or     carbonate.      April 2010 *...........  June 27, 2012..........  Renew.
 ``made with organic          Ascorbic Acid..  April 2010 *...........  June 27, 2012..........  Renew.
 (specified ingredients or    Calcium citrate  April 2010 *...........  June 27, 2012..........  Renew.
 food group(s))''.            Calcium          April 2010 *...........  June 27, 2012..........  Renew.
                               hydroxide.
                              Calcium
                               phosphates
                               (monobasic;
                               dibasic;
                               tribasic).
                              Carbon dioxide.
                              Chlorine         October 2010...........  June 27, 2012..........  Renew.
                               materials
                               (Calcium
                               hypochlorite;
                               chlorine
                               dioxide;
                               sodium
                               hypochlorite).
                              Ethylene.......  April 2010 *...........  June 27, 2012..........  Renew.
                              Ferrous sulfate  October 2010...........  June 27, 2012..........  Renew.
                              Glycerides       April 2010 *...........  June 27, 2012..........  Renew.
                               (mono; di).
                              Glycerin.......  April 2010 *...........  June 27, 2012..........  Renew.
                              Hydrogen         April 2010 *...........  June 27, 2012..........  Renew.
                               peroxide.
                              Magnesium        April 2010 *...........  June 27, 2012..........  Renew.
                               carbonate.
                              Magnesium        April 2010 *...........  June 27, 2012..........  Renew.
                               chloride.
                              Magnesium        April 2010 *...........  June 27, 2012..........  Renew.
                               stearate.
                              Nutrient         April 2011.............  .......................  Addressed in
                               vitamins and                                                       separate
                               minerals.                                                          rulemaking
                                                                                                  action.
                              Ozone..........  April 2010 *...........  June 27, 2012..........  Renew.
                              Pectin (low-     October 2010...........  June 27, 2012..........  Remove.
                               methoxy).
                              Phosphoric acid  October 2010...........  June 27, 2012..........  Renew.
                              Potassium acid   April 2010 *...........  June 27, 2012..........  Renew.
                               tartrate.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               carbonate.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               citrate.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               hydroxide.

[[Page 33302]]

 
                              Potassium        April 2011.............  June 27, 2012..........  Remove.
                               iodide.
                              Potassium        April 2010 *...........  June 27, 2012..........  Renew.
                               phosphate.
                              Silicon dioxide  October 2010...........  June 27, 2012..........  Renew.
                              Sodium citrate.  October 2010...........  June 27, 2012..........  Renew.
                              Sodium           October 2010...........  June 27, 2012..........  Renew.
                               hydroxide.
                              Sodium           October 2010...........  June 27, 2012..........  Renew.
                               phosphates.
                              Sulfur dioxide.  October 2010...........  June 27, 2012..........  Renew.
                              Tocopherols....  April 2011.............  June 27, 2012..........  Renew.
                              Xanthan gum....  April 2010 *...........  June 27, 2012..........  Renew.
Sec.   205.606                Casings, from    April 2010 *...........  June 27, 2012..........  Renew.
 Nonorganically produced       processed       April 2010 *...........  June 27, 2012..........  Renew.
 agricultural products         intestines.     April 2010 *...........  June 27, 2012..........  Renew.
 allowed as ingredients in    Celery powder..  October 2010...........  June 27, 2012..........  Amend: Colors
 or on processed products     Chia (Salvia                                                        derived from
 labeled as ``organic''.       hispanica L.).                                                     agricultural
                              Colors (Annatto                                                     products--Must
                               extract color;                                                     not be
                               Beet juice                                                         produced using
                               extract color;                                                     synthetic
                               Beta-carotene                                                      solvents and
                               extract color;                                                     carrier
                               Black currant                                                      systems or any
                               juice color;                                                       artificial
                               Black/purple                                                       preservative.
                               carrot juice
                               color;
                               Blueberry
                               juice color;
                               Carrot juice
                               color; Cherry
                               juice color;
                               Chokeberry--Ar
                               onia juice
                               color;
                               Elderberry
                               juice color;
                               Grape juice
                               color; Grape
                               skin extract
                               color; Paprika
                               color; Pumpkin
                               juice color;
                               Purple potato
                               juice color;
                               Red cabbage
                               extract color;
                               Red radish
                               extract color;
                               Saffron
                               extract color;
                               Turmeric
                               extract
                               color). CAS
                               numbers are
                               provided in
                               the Renewals
                               with Amendment
                               section.
                              Cornstarch       October 2010...........  June 27, 2012..........  Renew.
                               (native).
                              Dillweed oil     April 2010 *...........  June 27, 2012..........  Renew.
                               (CAS 
                               8006-75-5).
                              Fish oil (Fatty  April 2010 *...........  June 27, 2012..........  Renew.
                               acid CAS
                               's
                               10417-94-4 and
                               25167-62-8).
                              Fructooligosacc  October 2010...........  June 27, 2012..........  Renew.
                               harides (CAS
                               
                               308066-66-2).
                              Galangal,        April 2010 *...........  June 27, 2012..........  Renew.
                               frozen.
                              Gelatin (CAS     April 2010 *...........  June 27, 2012..........  Renew.
                                9000-
                               70-8).
                              Gums (Arabic;    April 2010 *...........  June 27, 2012..........  Renew.
                               Guar; Locust
                               bean; Carob
                               bean).
                              Hops (Humulus    October 2010...........  June 27, 2012..........  Amend: Hops
                               luplus) at                                                         (Humulus
                               Sec.                                                               lupulus) until
                               205.606(l).                                                        January 1,
                                                                                                  2013.
                              Inulin,          October 2010...........  June 27, 2012..........  Renew.
                               oligofructose
                               enriched.
                              (CAS 
                               9005-80-5).
                              Kelp...........  April 2010 *...........  June 27, 2012..........  Renew.
                              Konjac flour     April 2010 *...........  June 27, 2012..........  Renew.
                               (CAS 
                               37220-17-0).
                              Lemongrass,      April 2010 *...........  June 27, 2012..........  Renew.
                               frozen.
                              Orange shellac-- April 2010 *...........  June 27, 2012..........  Renew.
                               unbleached
                               (CAS 
                               9000-59-3).
                              Pectin (high-    October 2010...........  June 27, 2012..........  Amend: Pectin
                               methoxy).                                                          (non-amidated
                                                                                                  forms only).
                              Peppers          April 2010 *...........  June 27, 2012..........  Renew.
                               (chipotle
                               chile).
                              Sweet potato     April 2010 *...........  June 27, 2012..........  Renew.
                               starch.
                              Turkish bay      April 2010 *...........  June 27, 2012..........  Renew.
                               leaves.
                              Wakame seaweed   April 2010 *...........  June 27, 2012..........  Renew.
                               (Undaria
                               pinnatifida).
                              Whey protein     October 2010...........  June 27, 2012..........  Renew.
                               concentrate.
----------------------------------------------------------------------------------------------------------------
* The NOSB originally recommended that these substances be relisted during their April 2010 meeting. Since
  public comments were still being accepted for these substances, the NOSB decided to reaffirm their
  recommendations on these substances at the October 2010 meeting after analyzing all public comments.

[FR Doc. 2012-13523 Filed 6-5-12; 8:45 am]
BILLING CODE 3410-02-P
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