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[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]               
[Page 12723-12725]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-35]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-NOP-10-0021]

 
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 Monday, April 26, 2010, 3 p.m. to 5 p.m.; 
Tuesday, April 27, 2010, 8 a.m. to 5 p.m.; Wednesday, April 28, 2010, 8 
a.m. to 5 p.m.; and Thursday, April 29, 2010, 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 Monday, April 12, 
2010.

ADDRESSES: The meeting will take place at the Heidrick Ag History 
Center, 1962 Hays Lane, Woodland, CA 95776.
     Requests for copies of the NOSB meeting agenda, may be 
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-NOP, 
1400 Independence Ave., SW., Room 2646-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.
     Written comments on proposed NOSB recommendations must be 
received by the close of business, Monday, April 12, 2010. Written 
comments may be submitted to Ms. Valerie Frances at either the postal 
address above, or electronically via http://www.regulations.gov. The 
comments should identify Docket No. AMS-NOP-10-0021. 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.
     Requests to make an oral presentation at the meeting must 
be received by April 12, 2010 to Ms. Valerie Frances at either the 
postal address above, by e-mail to valerie.frances@ams.usda.gov, 
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 180 addenda to its recommendations and reviewed more than 
357 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

[[Page 12724]]

action items. The last NOSB meeting was held on November 3-5, 2009, in 
Washington, DC. At its last meeting, the Board did not recommend the 
addition of any new materials to the National List, but did conclude 
its review of 11 of the 12 materials scheduled to expire after 
September 12, 2011. In addition to these 11 materials, there is one 
synthetic substance: Ferric phosphate (CAS  10045-86-0), 
currently allowed for use in organic crop production, 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.
    At this meeting, the NOSB will conclude their review on the 
continued use of the material exemption for Ferric phosphate (CAS 
 10045-86-0), with its respective annotations and limitations, 
currently allowed for use in organic crop production, that is scheduled 
to expire after September 12, 2011. Additionally, the NOSB will 
continue 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 continue its review pertaining to the continued 
exemption (use) and prohibition of 182 substances used in organic 
production and handling that are set to sunset on October 7, 2012; the 
continued uses (2) for one substance in organic crop and livestock 
production that is due to sunset on December 11, 2012; and 10 exempted 
substances for use in organic livestock production that are due to 
sunset on December 13, 2012.
    Specifically, the Crops Committee will conclude their review on the 
continued use of the material exemption for Ferric phosphate (CAS 
 10045-86-0), with its respective annotations and limitations, 
currently allowed for use in organic crop production, that is scheduled 
to expire after September 12, 2011.
    The Crops Committee will continue their review pertaining to the 
continued exemptions (use) for the following synthetic substances, 
along with any respective annotations and limitations, which are 
allowed for use in organic crop production per Sec.  205.601 and are 
scheduled to expire after October 7, 2012: Ethanol; Isopropanol; 
Calcium hypochlorite; Chlorine dioxide; Sodium hypochlorite; Hydrogen 
peroxide; Soap-based algicide/demossers; Herbicides, soap-based; 
Plastic mulch and covers; Newspapers or other recycled paper, without 
glossy or colored inks (2 uses); Soaps, ammonium; Ammonium carbonate; 
Boric acid; Elemental sulfur (3 uses); Lime sulfur (2 uses); Oils, 
horticultural-narrow range oils as dormant, suffocating, and summer 
oils (2 uses); Soaps, insecticidal; Sticky traps/barriers; Pheromones; 
Sulfur dioxide; Vitamin D3; Copper hydroxide; Copper oxide; 
Copper oxychloride; Copper sulfate (2 uses); Hydrated lime; Hydrogen 
peroxide; Potassium bicarbonate; Streptomycin; Aquatic plant extracts 
(other than hydrolyzed); Humic acids; Lignin sulfonate (2 uses); 
Magnesium sulfate; Soluble boron products; Sulfates, carbonates, 
oxides, or silicates of zinc, copper, iron, manganese, molybdenum, 
selenium, and cobalt; Liquid fish products; Vitamin B1; 
Vitamin C; Vitamin E; Ethylene gas; Sodium silicate; and EPA List 4-
Inerts of Minimal Concern.
    The Crops Committee will continue their review pertaining to the 
exemption (use) of sucrose octanoate esters, currently allowed for use 
in organic crop production as per Sec.  205.601, that is scheduled to 
expire on December 11, 2012.
    The Crops Committee will continue their review pertaining to the 
continued prohibition of the following nonsynthetic substances, and any 
respective annotations, which are prohibited for use in organic crop 
production as per Sec.  205.602: Ash from manure burning; Arsenic; Lead 
salts; Potassium chloride; Sodium fluoaluminate (mined); Sodium 
nitrate; Strychnine; and Tobacco dust (nicotine sulfate). The 
prohibition on each of these substances is scheduled to expire on 
October 7, 2012, after which each substance would be allowed for use in 
organic crop production unless the prohibition is renewed.
    The Crops Committee will present a recommendation on production 
standards for terrestrial plants in containers and enclosures. The 
Committee will also present a recommendation offering guidance 
regarding the use of inerts in pesticide formulations due to their 
reassessment under the Food Quality Protection Act (FQPA) recently 
completed by the Environmental Protection Agency (EPA).
    The Livestock Committee will present their recommendation on 
synthetic substances petitioned for continued use as per Sec.  205.603 
(d): As feed additives: (1) DL-Methionine, DL-Methionine--hydroxy 
analog, and DL-Methionine--hydroxy analog calcium (CAS -59-51-
8; 63-68-3; 348-67-4)--for use only in organic poultry production until 
October 1, 2010, that is scheduled to expire after October 1, 2010.
    The Livestock Committee will continue their review pertaining to 
the continued exemption (use) of the following synthetic substances, 
with their respective annotations and limitations, which are allowed 
for use in organic livestock production as per Sec.  205.603, and which 
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 (2 uses); Magnesium sulfate; Oxytocin; 
Ivermectin; Phosphoric acid; Copper sulfate; Lidocaine; Lime, hydrated; 
Mineral oil; Procaine; Trace minerals; Vitamins; EPA List 4--Inerts of 
Minimal Concern. The committee will continue its review pertaining to 
the continued exemption (use) of sucrose octanoate esters for use in 
organic livestock production scheduled to expire on December 11, 2012
    The Livestock Committee will continue their review pertaining to 
the continued exemptions (use) of the following synthetic substances, 
with their respective annotations and limitations, that are allowed for 
use in organic livestock production as per Sec.  205.603, and which are 
scheduled to expire after December 13, 2012: Atropine (CAS -
51-55-8); Butorphanol (CAS -42408-82-2); Flunixin (CAS 
-38677-85-9); Furosemide (CAS -54-31-9); Magnesium 
hydroxide (CAS -1309-42-8); Peroxyacetic/Peracetic acid (CAS 
- 79-21-0); Poloxalene (CAS -9003-11-6); Tolazoline 
(CAS -59-98-3); Xylazine (CAS -7361-61-7); and 
Excipients.
    The Livestock Committee will continue their review pertaining to 
the continued prohibition of the nonsynthetic substance, Strychnine, as 
per Sec.  205.604. Strychnine is scheduled to expire and be allowed for 
use in organic livestock production after October 7, 2012.
    The Livestock Committee will also present their recommendations 
clarifying the definition and uses of animal health care products.
    The Handling Committee will continue their review pertaining to the 
continued exemption (use) of the nonorganically produced agricultural 
products allowed as ingredients, with their respective annotations and 
limitations, in or on processed products labeled as ``organic'' as per 
Sec.  205.606 when the organic version is not

[[Page 12725]]

commercially available. These exemptions are scheduled to expire after 
June 27, 2012.
    The following are allowed as 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), and Turmeric extract color (CAS  458-37-
7).
    The following are allowed as ingredients or processing aids from 
agricultural products: Casings, from processed intestines; Celery 
powder; Chia (Salvia hispanica L.); 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; Gelatin (CAS  9000-70-8); Hops (Humulus lupulus); 
Inulin, oligofructose enriched (CAS  9005-80-5); Konjac flour 
(CAS  37220-17-0); Lemongrass, frozen; Orange shellac, 
unbleached (CAS  9000-59-3); Pepper, chipotle chile; Sweet 
potato starch, for bean thread production only; Turkish bay leaves; 
Wakame seaweed (Undaria pinnatifida); and Whey protein concentrate.
    The Handling Committee will continue their review pertaining to the 
continued exemption (use) of the following nonagricultural (nonorganic) 
substances allowed as ingredients, with their respective annotations 
and limitations, in or on processed products labeled as ``organic'' or 
``made with organic (specified ingredients or food groups(s)) as per 
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 exemption for each of 
these substances is scheduled to expire after October 7, 2012.
    The Handling Committee will continue their review pertaining to the 
continued exemption (use) of the following nonagricultural (nonorganic) 
substances allowed as ingredients, with their respective annotations 
and limitations, in or on processed products labeled as ``organic'' or 
``made with organic (specified ingredients or food groups(s)) as per 
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; 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 exemption for each of these 
substances is scheduled to expire after October 7, 2012.
    The Handling Committee will continue 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'' as per Sec.  205.606 and any respective annotations and 
limitations, when an organic version is not commercially available: 
Cornstarch (native); Gums-water extracted only (arabic, guar, locust 
bean, carob bean); Kelp; and Pectin (high-methoxy). The exemption for 
each of these substances is scheduled to expire after October 7, 2012.
    The Compliance, Accreditation, and Certification Committee will 
present their recommendation to the NOP for use as guidance regarding 
the use of inert atmospheric gases in processed products labeled as 
100% Organic.
    The Materials and Handling Committees will jointly present their 
recommendations to the NOP to clarify the definitions of the National 
List.
    The Policy Development Committee will present their recommendation 
regarding a revision to the NOSB Policy and Procedures Manual.
    The Meeting is Open to the Public. The NOSB has scheduled time for 
public input for Tuesday, April 27, 2010, from 8 a.m. to 5 p.m. 
Individuals and organizations wishing to make oral presentations at the 
meeting must 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 website 
approximately six weeks following the meeting.

    Dated: March 11, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-5771 Filed 3-16-10; 8:45 am]
BILLING CODE 3410-02-P
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