This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

35137 

Vol. 72, No. 123 

Wednesday, June 27, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Docket No. AMS–TM–07–0062; TM–07– 

06IF] 

RIN 0581–AC71 

National Organic Program (NOP)— 

Amendments to the National List of 

Allowed and Prohibited Substances 

(Processing) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with requests 

for comments. 

SUMMARY: This Interim final rule 

amends the Department of Agriculture’s 

(USDA) National List of Allowed and 

Prohibited Substances (National List) 

regulations to enact 38 

recommendations submitted to the 

Secretary of Agriculture (Secretary) by 

the National Organic Standards Board 

(NOSB) during public meetings held 

May 6–8, 2002, in Austin, Texas, and 

March 27–29, 2007, in Washington, DC. 

This action is also being taken to 

provide an additional 60 days for the 

public to comment on these 38 

amendments to the National List. 

DATES: Effective Dates: This interim 

final rule becomes effective June 21, 

2007. All comments received by August 

27, 2007 will be considered prior to the 

issuance of the final rule. 

ADDRESSES: Interested persons may 

comment on this interim final rule using 

any of the following procedures: 

• Mail: Comments may be submitted 

by mail to Robert Pooler, Agricultural 

Marketing Specialist, National Organic 

Program, USDA/AMS/TMP/NOP, 1400 

Independence Ave., SW., Room 4008– 

So., Ag Stop 0268, Washington, DC 

20250. 

• Internet: www.regulations.gov. 

• Written comments on this interim 

final rule should be identified with the 

docket number AMS–TM–07–0062. 

Commenters should identify the topic 

and section number of this interim final 

rule to which the comment refers. 

• Clearly indicate if you are for or 

against the interim final rule or some 

portion of it and your reason for it. 

Include recommendation changes as 

appropriate. 

• Include a copy of articles or other 

references that support your comments. 

Only relevant material should be 

submitted. 

All comments to this interim final 

rule, submitted by the above 

procedures, will be available for 

viewing at: www.regulations.gov. 

Comments submitted in response to this 

interim final rule will also be available 

for viewing in person at USDA–AMS, 

Transportation and Marketing, National 

Organic Program, Room 4008—South 

Building, 1400 Independence Ave., SW., 

Washington, DC, from 9 a.m. to 12 noon 

and from 1 p.m. to 4 p.m., Monday 

through Friday, (except on official 

Federal holidays). Persons wanting to 

view comments received in response to 

this interim final rule are requested to 

make an appointment in advance by 

calling (202) 720–3252. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pooler, Agricultural Marketing 

Specialist, National Organic Program, 

USDA/AMS/TM/NOP, Room 4008–So., 

Ag Stop 0268, 1400 Independence Ave., 

SW., Washington, DC 20250. Phone: 

(202) 720–3252. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Organic Foods Production Act of 

1990 (OFPA), as amended, (7 U.S.C. 

6501 et seq.), authorizes the 

establishment of the NOP regulations. 

On December 21, 2000, the Secretary 

established, within the NOP (7 CFR part 

205), the National List regulations 

§§ 205.600 through 205.607. This 

National List identifies the synthetic 

substances that may be used and the 

non-synthetic substances that may not 

be used in organic production. The 

National List also identifies synthetic, 

non-synthetic non-agricultural and nonorganic agricultural substances that may 

be used in organic handling. The OFPA 

and NOP regulations, in § 205.105, 

specifically prohibit the use of any 

synthetic substance for organic 

production and handling unless the 

synthetic substance is on the National 

List. Section 205.105 also requires that 

any non-organic agricultural, nonsynthetic non-agricultural substance 

used in organic handling must also be 

on the National List. 

Until recently, some producers, 

handlers and certifying agents have 

misinterpreted National List regulations 

§ 205.606 to mean that any non-organic 

agricultural product which was 

determined by an accredited certifying 

agent to be not commercially available 

in organic form could be used in organic 

products, without being individually 

listed pursuant to the National List 

procedures. In January 2005, the First 

Circuit Court of Appeal’s decision in 

Harvey v. Johanns found that such an 

interpretation is contrary to the plain 

meaning of the OFPA and held that 7 

CFR 205.606 shall not be interpreted to 

create a blanket exemption to the 

National List requirements specified in 

§§ 6517 and 6518 of the OFPA (7 U.S.C. 

6517–6518). Therefore, consistent with 

the district court’s final judgment and 

order, dated June 9, 2005, on July 1, 

2005, the NOP published a notice 

regarding § 205.606 (70 FR 38090), and 

on June 7, 2006, published a final rule 

(71 FR 32803) revising § 205.606 to 

clarify that the section shall be 

interpreted to permit the use of a nonorganically produced agricultural 

product only when the product has been 

listed in § 205.606, and when an 

accredited certifying agent has 

determined that the organic form of the 

agricultural product is not commercially 

available. In order to enable an orderly 

transition, the district court’s final 

judgment and order allowed for 

products produced in conformance with 

the misinterpretation of § 205.606 to be 

produced and sold until June 9, 2007, 

after which point no non-conforming 

products may enter the stream of 

commerce. As a result, since June 9, 

2007, any certified products that have 

been produced and entered into the 

stream of commerce using non-organic 

agricultural ingredients that are not 

listed in § 205.606 are in noncompliance with the district court’s 

final order and judgment on Harvey v. 

Johanns. 

Concerning organic products that 

contain no more than 5% non-organic 

agricultural ingredients that do not 

appear on the National List, such 


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35138 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations 

products that have been produced and 

labeled as organic prior to June 9, 2007, 

are considered to be in the stream of 

commerce. ‘‘Organic’’ products that 

meet this description may remain in the 

marketplace as organically produced 

until the existing supply is exhausted. 

On May 15, 2007, USDA published a 

proposed rule (72 FR 27252) to amend 

the National List regulations to enact 

recommendations submitted to the 

Secretary by the NOSB as a result of 

public meetings held on May 6–8, 2002, 

in Austin, TX, and March 27–29, 2007, 

in Washington, DC. This proposed rule 

suggested the addition of 38 non-organic 

agricultural ingredients, along with any 

restrictive annotations, to the National 

List regulations. The 38 ingredients 

proposed for addition to the National 

List were based on petitions from the 

industry, in response to the potential 

impact of the district court’s final order 

and judgment concerning changes to 

§ 205.606 of the NOP regulations. 

NOP and NOSB received 

approximately 99 petitions to add more 

than 600 non-organic agricultural 

ingredients and substances to § 205.606 

of the National List regulations. After 

Program review for adequate petition 

information, 79 petitions to add 52 

substances to the National List were 

forwarded through the petition review 

process to the NOSB Materials and 

Handling Committees for review and 

evaluation against the OFPA criteria and 

NOP regulations. Prior to the respective 

public NOSB meetings, 52 draft 

recommendations from the NOSB 

committees were posted on the NOP 

Web site for review and public 

comment. Of the 52 petitioned 

ingredients, the NOSB, for their March 

2007 meeting, requested, received, and 

reviewed public comments on the 

petitioned ingredients and voted to add 

38 ingredients to § 205.606 of the 

National List. 

Under the authority of OFPA and the 

NOP regulations, the National List can 

be amended by the Secretary based 

upon recommendations by the NOSB. 

II. Overview of Amendments 

The following provides an overview 

of the amendments to designated 

sections of the National List regulations. 

Section 205.606 Nonorganically 

Produced Agricultural Products Allowed 

as Ingredients in or on Processed 

Products Labeled as ‘‘Organic’’ 

This interim final rule amends 

§ 205.606 of the National List 

regulations by adding the following 

substances: 

Color Ingredients From Agricultural 

Products 

Annatto extract color (pigment CAS 

# 1393–63–1)—water and oil soluble. 

Beet juice extract color (pigment CAS 

# 7659–95–2). 

Beta-Carotene extract color from 

carrots (CAS # 1393–63–1). 

Black currant juice color (pigment 

CAS #’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 #’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 

#’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 

# 1393–63–1). 

Cherry juice color (pigment CAS #’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 #’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 

#’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 #’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 

#’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 # 68917–78–

2). 

Pumpkin juice color (pigment CAS # 

127–40–2). 

Purple potato juice color (pigment 

CAS #’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 #’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 

#’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 

# 1393–63–1). 

Turmeric extract color (CAS # 458–

37–7). 

Ingredients or Processing Aids From 

Agricultural Products 

Casings, from processed intestines (no 

CAS #). 

Celery powder (No CAS #). 

Chia (Salvia hispanica L.) (no CAS #). 

Dillweed oil (CAS # 8006–75–5). 

Fish oil (Fatty acid CAS #’s: 10417–

94–4, and 25167–62–8). 

Fructooligosaccharides (CAS 

# 308066–66–2). 

Galangal, frozen (no CAS #). 

Gelatin (CAS # 9000–70–8). 

Hops (Humulus lupulus) (no CAS #). 

Inulin, oligofructose enriched (CAS # 

9005–80–5). 

Konjac flour (CAS # 37220–17–0). 

Lemongrass, frozen (no CAS #). 

Orange shellac, unbleached (CAS # 

9000–59–3). 

Pepper, chipotle chile (no CAS #). 

Rice starch, unmodified (CAS # 

977000–08–0)—for use in organic 

handling until [two years from date of 

publication]. 

Sweet potato starch, for bean thread 

production only (no CAS #). 

Turkish bay leaves (no CAS #). 

Wakame seaweed (Undaria 

pinnatifida) (no CAS #). 

Whey protein concentrate (no CAS #). 

III. Related Documents—Federal 

Register Notices 

Two notices and one proposed rule 

(72 FR 27252) were published regarding 

the meetings of the NOSB and its 

deliberations on recommendations and 

substances petitioned for amending the 

National List. Substances and 

recommendations included in this 

interim final rule were announced for 

NOSB deliberation in the following 

Federal Register Notices: (1) 67 FR 

19375, April 19, 2002, (Gelatin, Konjac 

flour, Orange shellac); (2) 72 FR 10971, 

March 12, 2007, (Casings, Celery 

powder, Chia (Salvia hispanica L.), 

Colors—from agricultural products: 

Annatto extract; Beet juice; Betacarotene extract; Purple carrot juice; 

Black currant juice; Blueberry juice; 

Carrot juice; Cherry juice; Chokeberry/ 

Aronia juice; Elderberry juice; Grape 

juice; Grape skin extract; Paprika; 

Pumpkin juice; Purple potato juice; Red 

cabbage extract; Red radish extract; 

Saffron; Turmeric; Dillweed oil, Fish 

oil, Fructooligosaccharides, Galangal—

frozen, Hops, Inulin—oligofructose 

enriched, Lemongrass—frozen, 

Pepper—chipotle chile, Rice starch, 

Sweet potato starch, Turkish bay leaves, 

Wakame seaweed (Undaria pinnatifida), 

and Whey protein concentrate). 

IV. Statutory and Regulatory Authority 

The OFPA, as amended (7 U.S.C. 6501 

et seq.), authorizes the Secretary to 

make amendments to the National List 

based on recommendations by the 

NOSB. Sections 6518(k)(2) and 6518(n) 

of OFPA authorize the NOSB to 

recommend changes 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 


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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations 35139 

process is implemented under § 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/ 

nop. 

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 interim 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 

§ 6514(b) of the OFPA (7 U.S.C. 

6514(b)). States are also preempted 

under §§ 6503 through 6507 of 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 § 6507(b)(2) of 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 § 6519(f) of the OFPA (7 

U.S.C. 6519(f)), this interim final rule 

would not alter the authority of the 

Secretary under the Federal Meat 

Inspection Act (21 U.S.C. 601 et seq.), 

the Poultry Products Inspections Act (21 

U.S.C. 451 et seq.), or the Egg Products 

Inspection Act (21 U.S.C. 1031 et seq.), 

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 et 

seq.), nor the authority of the 

Administrator of the Environmental 

Protection Agency (EPA) under the 

Federal Insecticide, Fungicide and 

Rodenticide Act (7 U.S.C. 136 et seq.). 

Section 6520 of 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 et seq.) 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 

is to fit regulatory actions to the scale of 

businesses subject to the action. 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, the Agricultural Marketing 

Service (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). The AMS has also considered 

the economic impact of this action on 

small entities. The impact on entities 

affected by this interim final rule would 

not be significant. The effect of this 

interim final rule would be to allow the 

use of additional substances in 

agricultural production and handling. 

This action would modify the 

regulations to provide both large and 

small entities with more tools to use in 

day-to-day operations. The AMS 

concludes that the economic impact of 

this addition of allowed substances, if 

any, would be minimal and entirely 

beneficial to both large and small 

agricultural service firms. Accordingly, 

AMS certifies that this interim final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. AMS invites comments on the 

economic impact on small entities of 

this interim final rule. 

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 $6,500,000 and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

This interim final rule would have an 

impact on a substantial number of small 

entities. 

Based upon USDA’s Economic 

Research Service and AMS data 

compiled from 2001 to 2005, the U.S. 

organic industry at the end of 2005 

included nearly 8,500 certified organic 

crop and livestock operations, plus 

more than 2,900 handling operations. 

Organic crop and livestock operations 

reported certified acreage totaling more 

than 4.05 million acres of organic farm 

production. Total number of organic 

crop and livestock operations increased 

by more than 18 percent from 2001 to 

2005, while total certified acreage more 

than doubled during this time period. 

AMS estimates that these trends 

continued through 2006 and will be 

higher in 2007. 

U.S. sales of organic food and 

beverages have grown from $1 billion in 

1990 to nearly $17 billion in 2006. 

Organic food sales are projected to reach 

$23.8 billion for 2010. The organic 

industry is viewed as the fastest growing 

sector of agriculture, currently 

representing nearly 3 percent of overall 

food and beverage sales. Since 1990, 

organic retail sales have historically 

demonstrated a growth rate between 20 

to 24 percent each year including a 22 

percent increase in 2006. 

In addition, USDA has accredited 99 

certifying agents who have applied to 

USDA to be accredited in order to 

provide certification services to 

producers and handlers. A complete list 

of names and addresses of accredited 

certifying agents may be found on the 

NOP Web site, at http:// 

www.ams.usda.gov/nop. AMS believes 

that most of these entities would be 

considered small entities under the 

criteria established by the SBA. 

D. Paperwork Reduction Act 

Under the OFPA, no additional 

collection or recordkeeping 

requirements are imposed on the public 

by this interim final rule. Accordingly, 

OMB clearance is not required by 

section 350(h) of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501, 

et seq., or OMB’s implementing 

regulation at 5 CFR part 1320. 


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35140 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

E. Received Comments on Proposed 

Rule AMS–TM–07–0062 

AMS received approximately 1,250 

comments on proposed rule AMS-TM–

07–0062. Comments were received from 

organic producers and handlers, 

accredited certifying agents, consumers, 

retailers, food service establishments 

and public interest groups. In general, 

comments were opposed to the 

abbreviated comment period for 

proposed rule AMS–TM–07–0062 and 

requested an extended comment period. 

There were comments that supported 

the addition of all 38 non-organic 

agricultural ingredients to the National 

List; while other comments opposed the 

addition of all non-organic agricultural 

ingredients to § 205.606 of the National 

List. 

Many comments either supported or 

opposed the specific National List 

amendments of the following nonorganic agricultural ingredients: Casings 

from processed intestines; gelatin; 

colors from agricultural products; 

konjac flour; hops; lemongrass; Turkish 

bay leaves; turmeric; and whey protein 

concentrate. Some comments addressed 

the inclusion of CAS numbers or the use 

of scientific names to identify the nonorganic ingredients. 

Though a significant number of 

comments were received, very few 

comments submitted were from 

processors or handlers. Comments from 

this segment of the industry would be 

helpful in developing a final rule. A 

number of comments expressed concern 

regarding the information and criteria 

used for determining the fragility of the 

organic ingredient supply or organic 

availability of the proposed 38 nonorganic agricultural ingredients. 

As a result of the district court’s final 

order and judgment in Harvey v. 

Johanns and requests for an extension of 

the public comment period on AMS–

TM–07–0062, AMS is issuing this 

interim final rule to (1) Permit the use 

of the 38 ingredients during the 

extended comment and final rulemaking 

periods to minimize the impact to the 

organic industry and (2) extend the 

comment period (60 days) to receive 

additional comments regarding the 

addition of the 38 non-organic 

agricultural ingredients to § 205.606. 

F. Effective Date 

Effective June 9, 2007, these 38 

substances were prohibited for use in 

processed products labeled as 

‘‘organic.’’ Continued loss of the use of 

these products would disrupt the trade 

of food products currently being labeled 

as ‘‘organic’’. Therefore, the continued 

use of these products as ingredients in 

foods labeled as ‘‘organic’’ is necessary 

to prevent possible significant business 

disruption for organic producers and 

handlers. Accordingly, pursuant to 5 

U.S.C. 553, it is found, and determined, 

upon good cause, that it is 

impracticable, unnecessary, and 

contrary to the public interest to give 

further notice prior to putting this rule 

into effect, and that good cause exists 

for not postponing the effective date of 

this interim final rule until 30 days after 

publication in the Federal Register. 

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, subpart G is 

amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

■ 2. Section 205.606 is revised to read 

as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’

Only the following nonorganically 

produced agricultural products may be 

used as ingredients in or on processed 

products labeled as ‘‘organic,’’ only in 

accordance with any restrictions 

specified in this section, and only when 

the product is not commercially 

available in organic form. 

(a) Casings, from processed intestines. 

(b) Celery powder. 

(c) Chia (Salvia hispanica L.). 

(d) Colors derived from agricultural 

products. 

(1) Annatto extract color (pigment 

CAS # 1393–63–1)—water and oil 

soluble. 

(2) Beet juice extract color (pigment 

CAS # 7659–95–2). 

(3) Beta-carotene extract color, 

derived from carrots (CAS # 1393–63–

1). 

(4) Black currant juice color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84–

5, 134–01–0, 1429–30–7, and 134–04–

3). 

(5) Black/Purple carrot juice color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3). 

(6) Blueberry juice color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84–

5, 134–01–0, 1429–30–7, and 134–04–

3). 

(7) Carrot juice color (pigment CAS # 

1393–63–1). 

(8) Cherry juice color (pigment CAS 

#’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3). 

(9) Chokeberry—Aronia juice color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3). 

(10) Elderberry juice color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84–

5, 134–01–0, 1429–30–7, and 134–04–

3). 

(11) Grape juice color (pigment CAS 

#’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3). 

(12) Grape skin extract color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84–

5, 134–01–0, 1429–30–7, and 134–04–

3). 

(13) Paprika color (CAS # 68917–78–

2)—dried, and oil extracted. 

(14) Pumpkin juice color (pigment 

CAS # 127–40–2). 

(15) Purple potato juice (pigment CAS 

#’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3). 

(16) Red cabbage extract color 

(pigment CAS #’s: 528–58–5, 528–53–0, 

643–84–5, 134–01–0, 1429–30–7, and 

134–04–3). 

(17) Red radish extract color (pigment 

CAS #’s: 528–58–5, 528–53–0, 643–84–

5, 134–01–0, 1429–30–7, and 134–04–

3). 

(18) Saffron extract color (pigment 

CAS # 1393–63–1). 

(19) Turmeric extract color (CAS # 

458–37–7). 

(e) Dillweed oil (CAS # 8006–75–5). 

(f) Fish oil (Fatty acid CAS #’s: 

10417–94–4, and 25167–62–8)—

stabilized with organic ingredients or 

only with ingredients on the National 

List, §§ 205.605 and 205.606. 

(g) Fructooligosaccharides (CAS # 

308066–66–2). 

(h) Galangal, frozen. 

(i) Gelatin (CAS # 9000–70–8). 

(j) Gums—water extracted only 

(Arabic; Guar; Locust bean; and Carob 

bean). 

(k) Hops (Humulus luplus). 

(l) Inulin-oligofructose enriched (CAS 

# 9005–80–5). 

(m) Kelp—for use only as a thickener 

and dietary supplement. 


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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations 35141 

(n) Konjac flour (CAS # 37220–17–0). 

(o) Lecithin—unbleached. 

(p) Lemongrass—frozen. 

(q) Orange shellac-unbleached (CAS # 

9000–59–3). 

(r) Pectin (high-methoxy). 

(s) Peppers (Chipotle chile). 

(t) Starches. 

(1) Cornstarch (native). 

(2) Rice starch, unmodified (CAS # 

977000–08–0)—for use in organic 

handling until June 21, 2009. 

(3) Sweet potato starch—for bean 

thread production only. 

(u) Turkish bay leaves. 

(v) Wakame seaweed (Undaria 

pinnatifida). 

(w) Whey protein concentrate. 

Dated: June 22, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–3142 Filed 6–22–07; 3:00 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Docket No. AMS–FV–06–0180; FV06–948–

610 Review] 

Irish Potatoes Grown in Colorado; 

Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This action summarizes the 

results under the criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA), of an Agricultural Marketing 

Service (AMS) review of Marketing 

Order No. 948, regulating the handling 

of Irish potatoes grown in Colorado 

(order). AMS has determined that the 

order should be continued. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should be sent to the Docket 

Clerk, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; 

e-mail: moab.docketclerk@usda.gov or 

Internet: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Portland, Oregon 97204; 

Telephone: (503) 326–2724; Fax: (503) 

326–7440; or e-mail: 

Teresa.Hutchinson@usda.gov or 

GaryD.Olson@usda.gov. 

SUPPLEMENTARY INFORMATION: Marketing 

Order No. 948, as amended (7 CFR part 

948), regulates the handling of Irish 

potatoes grown in Colorado, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’

The State of Colorado is divided into 

three areas for marketing order 

purposes. Currently, only Area No. 2 

and Area No. 3 are active. 

Area No. 1, commonly known as the 

Western Slope, includes and consists of 

the counties of Routt, Eagle, Pitkin, 

Gunnison, Hinsdale, La Plata, in the 

State of Colorado, and all counties in 

said State west of the aforesaid counties. 

Area No. 2, commonly known as the 

San Luis Valley, includes and consists 

of the counties of Chaffee, Saguache, 

Huerfano, Las Animas, Mineral, 

Archuleta, Rio Grande, Conejos, 

Costilla, and Alamosa in the State of 

Colorado. 

Area No. 3, commonly known as 

Northern Colorado, includes and 

consists of all the remaining counties in 

the State of Colorado which are not 

included in Area No. 1 or Area No. 2. 

The order establishes administrative 

committees for each of these areas (area 

committees). 

The Area No. 2 administrative 

committee is comprised of 14 members 

and their respective alternates. Nine 

members represent producers and five 

members represent handlers. Two 

producers are from Rio Grande County, 

two producers are from either Saguache 

County or Chaffee County, one producer 

is from Conejos County, two producers 

are from Alamosa County, one producer 

represents all other counties in Area No. 

2, and one producer represents certified 

seed producers in Area No. 2. Two 

handlers represent bulk handlers in 

Area No. 2 and three handlers represent 

handlers in Area No. 2 other than bulk 

handlers. 

The Area No. 3 administrative 

committee is comprised of five members 

and their respective alternates. Three 

producers and two handlers represent 

producers and handlers from any 

county in Area No. 3. 

With regulations in Area No. 1 

suspended, there is currently no need 

for an Area No. 1 administrative 

committee. 

The order also establishes the 

Colorado Potato Committee (CPC) which 

is comprised of six members and 

alternates selected by the Department of 

Agriculture (USDA). Three members 

and three alternates are selected from 

nominations of Area No. 2 committee 

members or alternates, and three 

members and three alternates are 

selected from nominations of Area No. 

3 committee members or alternates. 

Currently, there are approximately 

175 producers and 95 handlers of 

Colorado potatoes in both of the active 

areas. The majority of producers and 

handlers may be classified as small 

entities. The regulations implemented 

under the order are applied uniformly 

and designed to benefit all entities, 

regardless of size. 

AMS published in the Federal 

Register on February 18, 1999 (64 FR 

8014), a plan to review certain 

regulations, including Marketing Order 

No. 948, under criteria contained in 

section 610 of the RFA (5 U.S.C. 601–

612). Updated plans were published in 

the Federal Register on January 4, 2002 

(67 FR 525), August 14, 2003 (68 FR 

48574), and again on March 24, 2006 (71 

FR 14827). Accordingly, AMS published 

a notice of review and request for 

written comments on the Colorado 

potato marketing order in the February 

21, 2006, issue of the Federal Register 

(71 FR 8810). The deadline for 

comments ended April 24, 2006. Two 

comments were received in support of 

the order, and are discussed later in this 

document. 

The review was undertaken to 

determine whether the Colorado potato 

marketing order should be continued 

without being changed, amended, or 

rescinded to minimize the impacts on 

small entities. In conducting this 

review, AMS considered the following 

factors: (1) The continued need for the 

order; (2) the nature of complaints or 

comments received from the public 

concerning the order; (3) the complexity 

of the order; (4) the extent to which the 

order overlaps, duplicates, or conflicts 

with other Federal rules, and, to the 

extent feasible, with State and local 

governmental rules; and (5) the length of 

time since the order has been evaluated 

or the degree to which technology, 

economic conditions, or other factors 

have changed in the area affected by the 

order. 

The order authorizes grade, size, 

quality, maturity, pack, and container 

regulations as well as inspection 

requirements. The grade, size, quality, 

maturity, and inspection regulations are 

also applied to imported potatoes under 

section 608e of the Act. The order also 

authorizes the area committees to 

establish projects including marketing 

research and development projects, 

designed to assist, improve, or promote 

the marketing, distribution, and 

consumption of potatoes. 


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