Agricultural Marketing Service, USDA.
Notification of 2017 sunset review.
This document addresses the 2017 sunset review submitted to the Secretary of Agriculture (Secretary) through the Agricultural Marketing Service‘s (AMS) National Organic Program (NOP) by the National Organic Standards Board (NOSB) following the NOSB‘s April 2015 and October 2015 meetings. The 2017 sunset review pertains to the NOSB‘s sunset review of 198 substances on the U.S. Department of Agriculture‘s (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the NOSB‘s sunset review, this publication provides notice on the renewal of 187 substances on the National List, and completes the 2017 National List sunset review for these renewed substances.
This document is effective March 15, 2017.
Requests for a copy of this document should be sent to Robert Pooler, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252.
The National Organic Program (NOP) is authorized by the Organic Foods Protection Act (OFPA) of 1990, as amended (7 U.S.C. 6501-6522). The USDA Agricultural Marketing Service (AMS) administers the NOP. Final regulations implementing the NOP, also referred to as the USDA organic regulations (7 CFR 205.1-205.690), were published December 21, 2000 (65 FR 80548), and became effective on October 21, 2002. Through these regulations, the AMS oversees national standards for the production, handling, and labeling of organically produced agricultural products. Since becoming effective, the USDA organic regulations have been frequently amended, mostly for changes to the National List in 7 CFR 205.601-205.606.
The National List identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may not be used in organic production. The National List also identifies synthetic, nonsynthetic nonagricultural, and nonorganic agricultural substances that may be used in organic handling. The OFPA and the USDA organic regulations, as indicated in § 205.105, specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling appear on the National List.
As stipulated by OFPA, recommendations to amend the National List are developed by the NOSB, operating in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.), to assist in the evaluation of substances to be used or not used in organic production and handling, and to advise the Secretary on the USDA organic regulations. OFPA also requires a review of all substances included on the National List within 5 years of their addition to or renewal on the list. During this sunset review, the NOSB considers any new information pertaining to a substance‘s impact on human health and the environment, its necessity, and its compatibility with organic production and handling. If a listed substance is not reviewed by NOSB and renewed by USDA within the five year period, its allowance or Start Printed Page 14421prohibition on the National List is no longer in effect.
AMS published a revision of the sunset review process in the Federal Register on September 16, 2013 (78 FR 56811). This revised process provides public notice on the renewal of National List substances. This renewal occurs after the NOSB review.
At its April 2015 and October 2015 public meetings, the NOSB considered 198 National List substances which have a 2017 Sunset date. AMS has reviewed and accepted the NOSB 2017 sunset review and recommendations. Table 1 lists the 187 synthetic and nonsynthetic substances on the National List that are renewed. These substances continue to be included on the National List with a new sunset date of March 15, 2022. The NOSB also recommended removing eleven substances considered during the 2017 sunset review process from the National List; these recommendations will be addressed in a separate rulemaking.
Table 1—Substances Renewed in 2017 Sunset Review
| National list section | Substance listing |
|---|---|
| § 205.601 Synthetic substances allowed for use in organic crop production. | |
| (a) | As algicide, disinfectants, and sanitizer, including irrigation cleaning systems. |
| (1) | Alcohols. |
| (i) | Ethanol. |
| (ii) | Isopropanol. |
| (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. |
| (4) | Hydrogen peroxide. |
| (7) | Soap-based algicide/demossers. |
| (b) | As herbicides, weed barriers, as applicable. |
| (1) | Herbicides, soap-based—for use in farmstead maintenance (roadways, ditches, right of ways, building perimeters) and ornamental crops. |
| (2) | Mulches. |
| (i) | Newspaper or other recycled paper, without glossy or colored inks. |
| (ii) | Plastic mulch or covers (petroleum-based other than polyvinyl chloride (PVC)). |
| (c) | As compost feedstocks—Newspapers or other recycled paper, without glossy or colored inks. |
| (d) | As animal repellents—Soaps, ammonium—for use as a large animal repellant only, no contact with soil or edible portion of crop. |
| (e) | As insecticides (including acaricides or mite control). |
| (1) |
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