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Opportunities to Submit Public Comment on Changes to the National Organic Program

February 13, 2018 | Categories: Industry Updates, Organic

Changes to the National List

The National Organic Program (NOP) has published a proposed rule to amend the National List of Allowed and Prohibited Substances. The proposed changes reflect recommendations from the advisory National Organic Standards Board. A summary of the proposed NOP rule is provided in the table below and the full text is available in the Federal Register. The NOP is currently accepting written comments on this proposed rule until 11:59 pm on March 19, 2018. Instructions for submitting comments are available on first page of the proposed rule.

Table 1 — Substances Being Added to the National List and Current Listings Being Amended
Substance National List section Proposed rule action
Hypochlorous acid 205.601 Add to National List.
Magnesium oxide 205.601 Add to National List.
Micronutrients 205.601(a) Amend listing.
Squid byproducts 205.601 Add to National List.
Rotenone 205.602 Add to National List.
Activated charcoal 205.603(a) Add to National List.
Calcium borogluconate 205.603(a) Add to National List.
Calcium propionate 205.603(a) Add to National List.
Chlorhexidine 205.603(a) Amend listing.
Hypochlorous acid 205.603(a) Add to National List.
Kaolin pectin 205.603(a) Add to National List.
Mineral oil 205.603(a) Add to National List.
Nutritive supplements—Injectable vitamins, minerals & electrolytes 205.603(a) Add to National List.
Parasiticides 205.603(a) Amend listing.
Fenbendazole 205.603(a) Amend listing.
Ivermectin 205.603(a) Remove from National List.
Moxidectin 205.603(a) Amend listing.
Propylene glycol 205.603(a) Add to National List.
Sodium chlorite, acidified 205.603(a & b) Add to National List.
Xylazine 205.603(a) Amend listing.
Zinc sulfate 205.603(a) Add to National List.
Lidocaine 205.603(b) Amend listing.
Procaine 205.603(b) Amend listing.
Methionine 205.603(d) Amend listing.
Excipients 205.603(f) Amend listing.
Alginic acid 205.605(a) Reclassify listing.
Flavors 205.605(a) Amend listing.
Carnauba wax 205.605(a) Reclassify listing.
Cellulose 205.605(b) Amend listing.
Chlorine 205.605(b) Amend listing.
Hypochlorous acid 205.605(b) Add to National List.
Potassium lactate 205.605(b) Add to National List.
Sodium lactate 205.605(b) Add to National List.
Glycerin 205.605(a) & 205.606 Reclassify listing.
Colors 205.606 Amend listing.

Some of the proposed changes are highlighted below. Please see the table above and follow the link to the full text for specific details for each relevant material.

Ivermectin (Livestock): This proposed action would result in this substance being removed from §205.603(a) and prohibited as a medical treatment in organic livestock production.

Rotenone (Crops): This proposed action would result in this substance being added to §205.602 as prohibited for use in organic crop production.

Glycerin (Processing): This proposed action would result in removing the listing from §205.605(b) and adding it to §205.606 with the annotation, “produced from agricultural source materials and processed using biological or mechanical/physical methods as described under §205.270(a).” Furthermore, this substance would be classified as agricultural and be permitted only if organic forms are not commercially available.

Flavors (Processing): This proposed action would result in revising the annotation to read: “Nonsynthetic flavors may be used when organic flavors are not commercially available. All flavors must be derived from organic or nonsynthetic sources only and must not be produced using synthetic solvents and carrier systems or any artificial preservative.”

Carnauba Wax (Processing): This proposed action would result in removing the listing from §205.605(a) and adding it to §205.606. Furthermore, this substance would be classified as agricultural and permitted only if organic forms are not commercially available.

Micronutrients (Crops): This proposed action would result in revising the annotation to read: “Not to be used as a defoliant, herbicide, or desiccant. Those made from nitrates or chlorides are not allowed. Micronutrient deficiency must be documented by soil or tissue testing, advice from certified crop advisors or professional agronomists, agricultural extension information, or other methods approved by the certifying agent.”

Methionine (Livestock): This proposed action would result in revising the annotation to read: “DL-Methionine, DL-Methionine-hydroxy analog, and DL-Methionine-hydroxy analog calcium (CAS #'s 59-51-8, 583-91-5, 4857-44-7, and 922-50-9)—for use only in organic poultry production at the following pounds of synthetic 100 percent methionine per ton of feed in the diet, averaged over the life of the flock: Laying chickens—2 pounds; Broiler chickens–2.5 pounds; Turkeys and all other poultry—3 pounds.”

Spring 2018 NOSB Meeting

At its spring meeting on April 25-27 in Tucson, AZ, the National Organic Standards Board (NOSB) will discuss substances petitioned for addition to or deletion from the National List, substances due to sunset from the National List in 2020 and guidance on organic policies. As a reminder regarding the 2020 sunset materials, this is the first of two meetings that will look at and discuss these materials. This spring meeting will begin the review process and final votes by the board will be made at the fall 2018 meeting.

The NOSB typically meets twice per year in various locations around the United States. During meetings, the NOSB listens to public comments, discusses agenda items and then votes in a public forum. The NOSB meetings page provides details on the spring meeting venue and how to submit public and written comments. The agenda and other materials will be posted as they become available.

In the meantime, QAI has provided a list of materials, proposals and discussion documents that are likely* to be discussed at the upcoming meeting.

*Just prior to printing this article, QAI received word that the spring agenda and NOSB work plan may only include the sunset materials, petitions and the imports discussion document. All other proposals and discussion documents are not likely to be discussed or remain on the 2018 work plan. Please monitor the NOSB meetings page for the final agenda, which will be posted in the coming weeks.

Certification, Accreditation & Compliance (CACS)

Meeting inspector qualifications (proposal)
Eliminating the Incentive to convert native ecosystems into organic crop production (proposal)
Imports (discussion document)

Crops

Petitions

  • Polyoxin D zinc salt
  • Allyl Isothiocyanate (AITC)
  • Sodium Citrate
  • Natamycin
  • Sulfur (as a molluscicide)

Other Topics

  • (Manure treatments) Anaerobic digestate - Food waste 205.601(j) and other manure issues
  • Biodegradable biobased mulch annotation change
  • Marine materials (marine algae and extracts) on the National List
  • Field and greenhouse container production
  • Strengthen and clarify the requirements for use of organic seed (NOP 5029)

2020 Sunset (Summary Spring 2018; Review Fall 2018)

  • Alcohols: Ethanol isopropanol 205.601(a)(1)(i), 205.601(a)(1)(ii)
  • Sodium carbonate peroxyhydrate 205.601(a)
  • Newspaper or other recycled paper 205.601(b) and (c)
  • Plastic mulch and covers 205.601(b)
  • Aqueous potassium silicate 205.601(e), 205.601(i)
  • Elemental sulfur 205.601(e)(5), 205.601(i)(10), 205.601(j)(2)
  • Lime sulfur 205.601(e)(6), 205.601(i)(6)
  • Sucrose octanoate esters 205.601(e)(10)
  • Hydrated lime 205.601(i)(4)
  • Liquid fish products 205.601(j)
  • Sulfurous acid 205.601(j)
  • Ethylene 205.601(k)
  • Microcrystalline cheesewax 205.601(o)
  • Potassium chloride 205.602(e)
Handling
Petitions
  • Sodium dodecylbenzenesulfonate (SDBS)
  • Sodium Chlorite for the generation of chlorine dioxide gas
  • Silver dihydrogen citrate petition addendum #1 205.605(b)
  • Japones pepper 205.606
  • Ethiopian pepper 205.606
  • Tamarind seed gum
Other Topics
  • Packaging substances used in organic food handling - including BPA (discussion document)
  • Nutrient vitamins and minerals - annotation change proposal
  • Marine materials (marine algae and extracts) (proposal)
  • Magnesium chloride reclassification 205.605(b)
2020 Sunset (Summary Spring 2018; Review Fall 2018)
  • Calcium carbonate 205.605(a)
  • Flavors 205.605(a)
  • Gellan gum 205.605(a)
  • Oxygen 205.605(a)
  • Potassium chloride 205.605(a)
  • Alginates 205.605(b)
  • Calcium hydroxide 205.605(b)
  • Ethylene 205.605(b)
  • Glycerides: mono and di 205.605(b)
  • Magnesium stearate 205.605(b)
  • Phosphoric acid 205.605(b)
  • Potassium carbonate 205.605(b)
  • Sulfur dioxide 205.605(b)
  • Xanthan gum 205.605(b)
  • Fructooligosaccharides (FOS) 205.606
  • Gums: Arabic, carob bean, guar, locust bean 205.606(k)
  • Lecithin - de-oiled 205.606
  • Tragacanth gum 205.606
Livestock
Petitions
  • Thymol petition addendum 205.603
  • Glycolic acid, 2016 205.603
Other Projects
  • Defining emergency treatment for parasiticides (proposal)
2020 Sunset (Summary Spring 2018; Review Fall 2018)
  • Alcohols: Ethanol, isopropanol 205.603
  • Aspirin 205.603
  • Biologics, vaccines 205.603
  • Electrolytes 205.603
  • Glycerin 205.603
  • Phosphoric acid 205.603
  • Lime, hydrated 205.603
  • Mineral oil 205.603
  • Sucrose octanoate esters
Materials/GMOs
GMO Projects
  • Non-GMO organic seed integrity (proposal) (formerly seed purity from GMOs)
  • Excluded methods terminology (proposal)
Other Projects
  • Contamination of farm inputs (discussion document)
  • Sanitizers (discussion document)