[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46411-46413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21610]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-TM-09-0060; TM-09-07]


Notice of Meeting of the National Organic Standards Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Federal Advisory Committee Act, as 
amended, the Agricultural Marketing Service (AMS) is announcing a 
forthcoming meeting of the National Organic Standards Board (NOSB).

DATES: The meeting dates are Tuesday, November 3, 2009, 9 a.m. to 5 
p.m.; Wednesday, November 4, 2009, 8 a.m. to 5 p.m.; and Thursday, 
November 5, 2009, 8 a.m. to 5 p.m. Requests from individuals and 
organizations wishing to make oral presentations at the meeting are due 
by the close of business on October 19, 2009.

ADDRESSES: The meeting will take place at the Washington Plaza Hotel, 
10 Thomas Circle, NW., Washington, DC 20005.
    <bullet> Requests for copies of the NOSB meeting agenda, may be 
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-TMP-
NOP, 1400 Independence Ave., SW., Room 4004-So., Ag Stop 0268, 
Washington, DC 20250-0268. The NOSB meeting agenda and proposed 
recommendations may also be viewed at http://www.ams.usda.gov/nop.
    <bullet> Comments on proposed NOSB recommendations may be submitted 
by the close of business of October 19, 2009, in writing to Ms. Valerie 
Frances at either the postal address above or via the Internet at 
http://www.regulations.gov only. The comments should identify Docket 
No. AMS-TM-09-0060. It is our intention to have all comments to this 
notice whether they are submitted by mail or the Internet available for 
viewing on the http://www.regulations.gov Web site.
    <bullet> Requests to make an oral presentation at the meeting may 
also be sent by October 19, 2009, to Ms. Valerie Frances at the postal 
address above, by e-mail at <a href="/cdn-cgi/l/email-protection#7402151811061d115a1206151a171107341519075a010710155a131b02"><span class="__cf_email__" data-cfemail="e492858881968d81ca8296858a878197a4858997ca91978085ca838b92">[email protected]</span></a>, via facsimile 
at (202) 205-7808, or phone at (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Valerie Frances, Executive Director, 
NOSB, National Organic Program (NOP), (202) 720-3252, or visit the NOP 
Web site at: http://www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the Organic 
Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.) 
requires the establishment of the NOSB. The purpose of the NOSB is to 
make recommendations about whether a substance should be allowed or 
prohibited in organic production or handling, to assist in the 
development of standards for substances to be used in organic 
production, and to advise the Secretary on other aspects of the 
implementation of the OFPA. The NOSB met for the first time in 
Washington, DC, in March 1992, and currently has six subcommittees 
working on various aspects of the organic program. The committees are: 
Compliance, Accreditation, and Certification; Crops; Handling; 
Livestock; Materials; and Policy Development.
    In August of 1994, the NOSB provided its initial recommendations 
for the NOP to the Secretary of Agriculture. Since that time, the NOSB 
has submitted 170 addenda to its recommendations and reviewed more than 
353 substances for inclusion on the National List of Allowed and 
Prohibited Substances. The Department of Agriculture (USDA) published 
its final National Organic Program regulation in the Federal Register 
on December 21, 2000, (65 FR 80548). The rule became effective April 
21, 2001.
    In addition, the OFPA authorizes the National List of Allowed and 
Prohibited Substances and provides that no allowed or prohibited 
substance would remain on the National List for a period exceeding five 
years unless the exemption or prohibition is reviewed and recommended 
for renewal by the NOSB and adopted by the Secretary of Agriculture. 
This expiration is commonly referred to as sunset of the National List. 
The National List appears at 7 CFR part 205, subpart G.
    The principal purposes of the NOSB meeting are to provide an 
opportunity for the NOSB to receive an update from the USDA/NOP and 
hear progress reports from NOSB committees regarding work plan items 
and proposed action items. The last NOSB meeting was held on May 4-6, 
2009, in Washington, DC.
    At its last meeting, the Board recommended the addition of three 
materials with one on the National List Sec.  205.601 for use in crops, 
one on Sec.  205.603 for use in livestock and with one on Sec.  205.606 
for use in handling.
    At this meeting, the NOSB will conclude its review of 11 of the 12 
materials scheduled to expire after September 12, 2011. There are two

[[Page 46412]]

synthetic substances: Hydrogen chloride (CAS <greek-i> 7647-01-0) and 
Ferric phosphate (CAS <greek-i> 10045-86-0), currently allowed for use 
in organic crop production, that will no longer be allowed for use 
after September 12, 2011. There are ten materials: Egg white lysozyme 
(CAS <greek-i> 9001-63-2), L-Malic acid (CAS <greek-i> 97-67-6), 
Microorganisms, Activated charcoal (CAS <greek-i>s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS <greek-i> 108-91-8), Diethylaminoethanol (CAS 
<greek-i> 100-37-8), Octadecylamine (CAS <greek-i> 124-30-1), Peracetic 
acid/Peroxyacetic acid (CAS <greek-i> 79-21-0), Sodium acid 
pyrophosphate (CAS <greek-i> 7758-16-9), and Tetrasodium pyrophosphate 
(CAS <greek-i> 7722-88-5), currently allowed for use in organic 
handling, that will no longer be allowed for use after September 12, 
2011. The sunset review process must be concluded no later than 
September 12, 2011. If renewal is not concluded by those dates, the use 
of these 12 materials will no longer be in compliance with the NOP.
    The NOSB will also begin its review pertaining to the continued 
exemption (use) of 37 agricultural products not commercially available 
as organic that are scheduled to expire after June 27, 2012. These 
products are allowed for use in organic handling in or on processed 
products based on final commercial availability determinations by 
accredited certifying agents. The NOSB will also begin its review 
pertaining to the continued exemption (use) and prohibition of 166 
substance listings used in organic production and handling scheduled to 
expire after October 7, 2012.
    At this meeting, the Policy Development Committee will present 
recommendations regarding revisions to the NOSB Policy and Procedures 
Manual.
    The Compliance, Accreditation, and Certification Committee will 
present their recommendation to the NOP for use as guidance for 
retailers, accredited certifying agents, and the NOP on the allowance 
and use of voluntary retail certification, and their recommendation for 
rule change on the regulation of personal body care products under the 
NOP.
    The Crops Committee will present recommendations on the materials 
peracetic acid and manganese sulfate monohydrate petitioned for use in 
crops on Sec.  205.601.
    The Crops Committee will conclude their review on the continued use 
of the material exemptions for Hydrogen chloride (CAS <greek-i> 7647-
01-0) and will continue their review on the continued use of Ferric 
phosphate (CAS <greek-i> 10045-86-0), with their respective annotations 
and limitations, currently allowed for use in organic crop production, 
that will no longer be allowed for use after September 12, 2011.
    The Crops Committee will begin their review pertaining to the 
continued exemption (use) the following synthetic substances allowed 
for use in on Sec.  205.601 that are scheduled to expire after October 
7, 2012 from use in organic crop production: Ethanol; Isopropanol; 
Calcium hypochlorite; Chlorine dioxide; Sodium hypochlorite; Hydrogen 
peroxide; Soap-based algicide/demossers; Herbicides, soap-based; 
Newspaper or other recycled paper, without glossy or colored inks; 
Plastic mulch and covers; Newspapers or other recycled paper, without 
glossy or colored inks; Soaps, ammonium; Ammonium carbonate; Boric 
acid; Elemental sulfur (3 uses); Lime sulfur; Oils, horticultural-
narrow range oils as dormant, suffocating, and summer oils (2 uses); 
Soaps, insecticidal; Sticky traps/barriers; Pheromones; Sulfur dioxide; 
Vitamin D<INF>3</INF>; Copper hydroxide; Copper oxide; Copper 
oxychloride; Copper sulfate (2 uses); Hydrated lime; Hydrogen peroxide; 
Lime sulfur; Potassium bicarbonate; Streptomycin; Tetracycline 
(oxytetracycline calcium complex); Aquatic plant extracts (other than 
hydrolyzed); Humic acids; Lignin sulfonate; Magnesium sulfate; Soluble 
boron products; Sulfates, carbonates, oxides, or silicates of zinc, 
copper, iron, manganese, molybdenum, selenium, and cobalt; Liquid fish 
products; Vitamin B<INF>1</INF>; Vitamin C; Vitamin E; Ethylene gas; 
Lignin sulfonate; Sodium silicate; and EPA List 4-Inerts of Minimal 
Concern.
    The Crops Committee will begin their review pertaining to the 
continued prohibition of the following synthetic substances on Sec.  
205.602 which are scheduled to expire and be allowed for use after 
October 7, 2012 in organic crop production: Ash from manure burning; 
Arsenic; Lead salts; Potassium chloride; Sodium fluoaluminate (mined); 
Sodium nitrate; Strychnine; and Tobacco dust (nicotine sulfate).
    The Materials Committee will present its recommendation to the NOP 
for rule change on various definitions and the use of nanotechnology in 
organic standards.
    The Livestock Committee will present their recommendations on the 
material Eprinomectin petitioned for use in livestock production on 
Sec.  205.603.
    The Livestock Committee will present its recommendations on 
technical corrections to the annotations for the materials: Vaccines, 
Excipients, Chlorhexidine, and Xylazine currently allowed on Sec.  
205.603 for use in organic livestock production.
    The Livestock Committee will also present their recommendations to 
the NOP in regards to the development of more specific standards for 
the improvement of animal welfare under organic management and for the 
development of organic aquaculture standards for bivalves.
    The Livestock Committee will begin their review pertaining to the 
continued exemption (use) of the following synthetic substances allowed 
for use in organic livestock production on Sec.  205.603 that are 
scheduled to expire after October 7, 2012: Ethanol; Isopropanol; 
Aspirin; Vaccines; Chlorhexidine; Calcium hypochlorite. Chlorine 
dioxide; Sodium hypochlorite; Electrolytes; Glucose; Glycerine; 
Hydrogen peroxide; Iodine; Magnesium sulfate; Oxytocin; Ivermectin; 
Phosphoric acid; Copper sulfate; Iodine; Lidocaine; Lime, hydrated; 
Mineral oil; Procaine; Trace minerals; Vitamins; EPA List 4-Inerts of 
Minimal Concern.
    The Livestock Committee will also begin their review pertaining to 
the continued prohibition of the following synthetic substance on Sec.  
205.604 which is scheduled to expire and be allowed for use after 
October 7, 2012 in organic livestock production: Strychnine.
    The Materials and Handling Committees will jointly present their 
recommendations to the NOP to clarify the definitions of the National 
List.
    The Handling Committee will conclude their review on the continued 
use of the material exemptions for ten materials: Egg White Lysozyme 
(CAS <greek-i> 9001-63-2), L-Malic acid (CAS <greek-i> 97-67-6), 
Microorganisms, Activated charcoal (CAS <greek-i>s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS <greek-i> 108-91-8), Diethylaminoethanol (CAS 
<greek-i> 100-37-8), Octadecylamine (CAS <greek-i> 124-30-1), Peracetic 
acid/Peroxyacetic acid (CAS <greek-i> 79-21-0), Sodium acid 
pyrophosphate (CAS <greek-i> 7758-16-9), and Tetrasodium pyrophosphate 
(CAS <greek-i> 7722-88-5), with their respective annotations and 
limitations currently allowed for use in organic handling on Sec.  
205.605, that will no longer be allowed for use after September 12, 
2011.
    The Handling Committee will begin their review pertaining to the 
continued exemption (use) of the nonorganically produced agricultural 
products allowed as ingredients in or on processed products labeled as 
``organic'' on Sec.  205.606 depending on final commercial availability 
determinations performed by accredited certifying agents scheduled to 
expire after June 27, 2012.

[[Page 46413]]

    The following are allowed as color ingredients from agricultural 
products: Annatto extract color (pigment CAS <greek-i> 1393-63-1)--
water and oil soluble; Beet juice extract color (pigment CAS <greek-i> 
7659-95-2); Beta-Carotene extract color from carrots (CAS <greek-i> 
1393-63-1); Black currant juice color (pigment CAS <greek-i>'s: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Black/Purple 
carrot juice color (pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 643-
84-5, 134-01-0, 1429-30-7, and 134-04-3); Blueberry juice color 
(pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-
30-7, and 134-04-3); Carrot juice color (pigment CAS <greek-i> 1393-63-
1); Cherry juice color (pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 
643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Chokeberry--Aronia juice 
color (pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 
1429-30-7, and 134-04-3); Elderberry juice color (pigment CAS 
<greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 
134-04-3); Grape juice color (pigment CAS <greek-i>'s: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Grape skin extract 
color (pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 
1429-30-7, and 134-04-3); Paprika color--dried powder and vegetable oil 
extract (CAS <greek-i> 68917-78-2); Pumpkin juice color (pigment CAS 
<greek-i> 127-40-2); Purple potato juice color (pigment CAS 
<greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 
134-04-3); Red cabbage extract color (pigment CAS <greek-i>'s: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Red radish 
extract color (pigment CAS <greek-i>'s: 528-58-5, 528-53-0, 643-84-5, 
134-01-0, 1429-30-7, and 134-04-3); Saffron extract color (pigment CAS 
<greek-i> 1393-63-1), and Turmeric extract color (CAS <greek-i> 458-37-
7).
    The following are allowed as ingredients or processing aids from 
agricultural products: Casings, from processed intestines (no CAS 
<greek-i>); Celery powder (No CAS <greek-i>); Chia (Salvia hispanica 
L.) (no CAS <greek-i>); Dillweed oil (CAS <greek-i> 8006-75-5); Fish 
oil (Fatty acid CAS <greek-i>'s: 10417-94-4, and 25167-62-8); 
Fructooligosaccharides (CAS <greek-i> 308066-66-2); Galangal, frozen 
(no CAS <greek-i>); Gelatin (CAS <greek-i> 9000-70-8); Hops (Humulus 
lupulus) (no CAS <greek-i>); Inulin, oligofructose enriched (CAS 
<greek-i> 9005-80-5); Konjac flour (CAS <greek-i> 37220-17-0); 
Lemongrass, frozen (no CAS <greek-i>); Orange shellac, unbleached (CAS 
<greek-i> 9000-59-3); Pepper, chipotle chile (no CAS <greek-i>); Sweet 
potato starch, for bean thread production only (no CAS <greek-i>); 
Turkish bay leaves (no CAS <greek-i>); Wakame seaweed (Undaria 
pinnatifida) (no CAS <greek-i>); and Whey protein concentrate (no CAS 
<greek-i>).
    The Handling Committee will begin their review pertaining to the 
continued exemption (use) of the following nonagricultural (nonorganic) 
substances allowed as ingredients in or on processed products labeled 
as ``organic'' or ``made with organic (specified ingredients or food 
groups(s)) currently scheduled for expiration after October 7, 2012 
from Sec.  205.605 as (a) Nonsynthetics allowed: Acids (Alginic; 
Citric; and Lactic); Bentonite; Calcium carbonate; Calcium chloride; 
Carageenan; Dairy cultures; Diatomaceous earth; Enzymes; Flavors; 
Kaolin; Magnesium sulfate; Nitrogen; Oxygen; Perlite; Potassium 
chloride; Potassium iodide; Sodium bicarbonate; Sodium carbonate; 
Waxes; Yeast (Autolysate; Bakers; Brewers; Nutritional; and Smoked).
    The Handling Committee will begin their review pertaining to the 
continued exemption (use) of the following nonagricultural (nonorganic) 
substances allowed as ingredients in or on processed products labeled 
as ``organic'' or ``made with organic (specified ingredients or food 
groups(s)) currently scheduled for expiration after October 7, 2012 
listed on Sec.  205.605 as (b) Synthetics allowed: Alginates; Ammonium 
bicarbonate; Ammonium carbonate; Ascorbic acid; Calcium citrate; 
Calcium hydroxide; Calcium phosphates (monobasic, dibasic, and 
tribasic); Carbon dioxide; Chlorine materials (Calcium hypochlorite; 
Chlorine dioxide; and Sodium hypochlorite); Ethylene; Ferrous sulfate; 
Glycerides (mono and di) Glycerin; Hydrogen peroxide; Lecithin--
bleached; Magnesium carbonate; Magnesium chloride; Magnesium stearate; 
Nutrient vitamins and minerals; Ozone; Pectin (low-methoxy); Phosphoric 
acid; Potassium acid tartrate; Potassium carbonate; Potassium citrate; 
Potassium hydroxide; Potassium iodide; Potassium phosphate; Silicon 
dioxide; Sodium citrate; Sodium hydroxide; Sodium phosphates; Sulfur 
dioxide; Tocopherols; and Xanthan gum.
    The Handling Committee will begin their review pertaining to the 
continued exemption (use) of the nonorganically produced agricultural 
products allowed as ingredients in or on processed products labeled as 
``organic'' on Sec.  205.606 depending on final commercial availability 
determinations performed by accredited certifying agents that are 
scheduled to expire after October 7, 2012. They are as follows: 
Cornstarch (native); Gums-water extracted only (arabic, guar, locust 
bean, carob bean); Kelp; Lecithin-unbleached; and Pectin (high-
methoxy).
    The Meeting is Open to the Public. The NOSB has scheduled time for 
public input for Tuesday, November 3, 2009, from 10:45 a.m. to 5 p.m. 
and Wednesday, November 4, 2009, from 3:30 p.m. to 5 p.m. Individuals 
and organizations wishing to make oral presentations at the meeting may 
forward their requests by mail, facsimile, e-mail, or phone to Ms. 
Valerie Frances as listed in ADDRESSES above. Individuals or 
organizations will be given approximately five minutes to present their 
views. All persons making oral presentations are requested to provide 
their comments in writing. Written submissions may contain information 
other than that presented at the oral presentation. Anyone may submit 
written comments at the meeting. Persons submitting written comments 
are asked to provide 30 copies.
    Interested persons may visit the NOSB portion of the NOP Web site 
at http://www.ams.usda.gov/nop to view available meeting documents 
prior to the meeting, or visit http://www.regulations.gov to submit and 
view comments as provided for in ADDRESSES above. Documents presented 
at the meeting will be posted for review on the NOP Web site 
approximately six weeks following the meeting.

    Dated: August 28, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21610 Filed 9-8-09; 8:45 am]
BILLING CODE 3410-02-P


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