[Federal Register: May 15, 2007 (Volume 72, Number 93)] [Proposed Rules] [Page 27252-27264] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15my07-11] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== [[Page 27252]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Docket No. AMS-TM-07-0062; TM-07-06] RIN 0581-AC71 National Organic Program (NOP)--Proposed Amendments to the National List of Allowed and Prohibited Substances (Processing) AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule proposes to amend the Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to enact 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. Consistent with the NOSB recommendations, this proposed rule proposes to add 38 substances, along with any restrictive annotations, to the National List regulations. DATES: Comments must be received by May 22, 2007. ADDRESSES: Interested persons may comment on this proposed 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: http://www.regulations.gov. Written comments on this proposed rule should be identified with the docket number AMS-TM-07-0062. Commenters should identify the topic and section number of this proposed rule to which the comment refers. Clearly indicate if you are for or against the proposed 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 proposed rule, submitted by any procedure, will be available for viewing at: http://www.regulations.gov. Comments submitted in response to this proposed 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 proposed rule are requested to make an appointment in advance by calling (202) 720-3252. FOR FURTHER INFORMATION CONTACT: Robert Pooler, Agricultural Marketing Specialist or Valerie Frances, NOSB Executive Director, 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 Sec. Sec. 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 and non-organic substances that may be used in organic handling. The OFPA and NOP regulations, in Sec. 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, non- synthetic substance used in organic handling must also be on the National List. Until recently, producers, handlers and certifying agents may have misinterpreted National List regulations Sec. 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 Sec. Sec. 6517 and 6518 of the OFPA (7 U.S.C. 6517-6518). Thereafter, consistent with the district court's final judgment and order, dated June 9, 2005, on July 1, 2005, the NOP published a notice regarding Sec. 205.606 (70 FR 38090), and on June 7, 2006, published a final rule (71 FR 32803) revising Sec. 205.606 to clarify that the section shall be interpreted to permit the use of a non-organically produced agricultural product only when the product has been listed in Sec. 205.606 pursuant to National List procedures, and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available. As a result, any non-organic agricultural substances that are being used in organic products that are not specifically listed in Sec. 205.606 pursuant to National List procedures will render currently certified products in non-compliance when the district court's final order and judgment on Harvey v. Johanns becomes fully effective on June 9, 2007. Under the authority of OFPA and the NOP regulations, the National List can be amended by the Secretary based upon proposed amendments developed by the NOSB through the National List petition process. This proposed rule proposes to amend the National List regulations to enact recommendations submitted to the Secretary by the NOSB during public meetings held May 6-8, 2002, and March 27-29, 2007. In these time periods, the NOSB has recommended that the Secretary add 38 substances to Sec. 205.606, along with any restrictive annotations, to the National List regulations. [[Page 27253]] A 7-day comment period has been deemed appropriate to allow interested persons to respond to this proposed rule. Seven days is deemed appropriate because under the NOP regulations (7 CFR part 205.606) the allowed use of these 38 substances, pursuant to the district court's final order and judgment on Harvey v. Johanns, will expire on June 9, 2007. A 7-day comment period will help avoid lapses in the eligibility of the petitioned substances to be used in organic handling. Additionally, interested persons have already been provided with 30 days of public comment on these 38 substances in advance of the NOSB meetings held May 6-8, 2002, and March 27-29, 2007. The NOSB considered these comments during their reviews and concluded that the petitioners had provided sufficient evidence for adding these 38 substances to the National List. Final rulemaking to allow the use of these 38 petitioned substances, if adopted, should be completed before June 9, 2007. Any comments that are received timely will be considered before final determinations are made on these petitioned substances. II. Overview of Proposed Amendments The following provides an overview of the proposed 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 proposed rule would amend Sec. 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). Annatto extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Annatto extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by the Food and Drug Administration (FDA) (21 CFR 73.30). Depending on the concentration used, annatto extract color adds a deep orange to light yellow color to foods. Annatto extract color is a liquid derived from physical or oil extraction of annatto seeds (Bixaceae bixa orellana). The major pigments in annatto extract color are classified as Carotenoids which are insoluble in water, partially soluble in ethanol, and soluble in vegetable oils. Fruit and vegetable extracts containing Carotenoids are heat and light sensitive, but also display antioxidant properties that may be beneficial to human health. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding annatto extract color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of annatto extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated annatto extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that annatto extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of annatto extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow annatto extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Beet juice extract color, (pigment CAS 7659-95-2). Beet juice extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Beet juice extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.40). Depending on the beet source, concentration used and pH, beet juice extract color adds a yellow, red or pink color to foods. Beet juice extract color is a liquid derived from beets (Amaranthaceae beta vulgaris) through aqueous and physical extraction. Powder forms are derived from drying extracts. The principle pigment in beet juice extract color is Betanin or beetroot red. This pigment is grouped in a class of pigments known as Betalains. These pigments are soluble in water, insoluble in ethanol, and are found only in a few plant families. Betalain pigments are well suited for use in low acid foods, complement Anthocyanin pigments in food coloring, and may have antioxidant capability that may be beneficial to human health. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding beet juice extract color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of beet juice extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated beet juice extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that beet juice extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of beet juice extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow beet juice extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Beta-Carotene extract color from carrots (CAS 1393-63-1). Beta-Carotene extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Beta-Carotene extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.95). Depending on the concentration used, Beta-Carotene extract color adds a deep orange to light yellow color to foods. Beta-Carotene extract color is a liquid derived from carrots (Apiaceae daucus carota) through physical extraction in vegetable oil. The final extract product is a dark orange viscous concentrate. The major pigments in Beta-Carotene extract color are Carotenoids. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding Beta-Carotene extract color from carrots to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of Beta-Carotene extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated Beta-Carotene extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Beta-Carotene extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of Beta-Carotene extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Beta- Carotene extract color from carrots as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' [[Page 27254]] 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 currant juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Black currant juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, Black currant juice color adds a bright red to blue-purple color to foods. Black currant juice color is a liquid derived from black currant fruit (Grossulariaceae ribes nigrum) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in Black currant juice color are classified as Anthocyanins which are soluble in water. Anthocyanins are polyphenolic natural pigments that are present in many plant species and frequently occur as glycosides in various combinations that produce colors such as orange, red, blue or purple. Fruit and vegetable extracts containing Anthocyanins are usually stable to UV light and temperature, but are sensitive to the presence of oxygen or metal ions such as iron or aluminum. Anthocyanin pigments may have increased color intensity and stability in moderately acidic solutions. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding Black currant juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of Black currant juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Black currant juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Black currant juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of Black currant juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Black currant juice color as a non- organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Black/Purple carrot juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Black/ Purple carrot juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.300). Depending on the concentration used, black/purple carrot juice color adds a deep blue-purple-black color to foods. Black/Purple carrot juice color is a liquid extract derived from black or purple carrots (Apiaceae daucus carota) through aqueous and physical extraction. Powder forms are derived from drying extracts. The pigments in black/purple carrot juice color are water soluble Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding black/purple carrot juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of black/purple carrot juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated black/purple carrot juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that black/purple carrot juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of black/purple carrot juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow black/purple carrot juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Blueberry juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Blueberry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, Blueberry juice color adds a blue to red color to foods. Blueberry juice color is a liquid derived from blueberry fruit (Vaccinium cyanococcus) through physical extraction. The major pigments in Blueberry juice color are water soluble Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding Blueberry juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of Blueberry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Blueberry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Blueberry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of Blueberry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Blueberry juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Carrot juice color, (pigment CAS 1393-63-1). Carrot juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Carrot juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.300). Depending on the concentration used, Carrot juice color adds a deep organic to light yellow color to foods. Carrot juice color is a liquid derived from carrots (Apiaceae daucus carota) through physical extraction. The major pigments in Carrot juice color are Carotenoids. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding Carrot juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of Carrot juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Carrot juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Carrot juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of Carrot juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Carrot juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' [[Page 27255]] 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). Cherry juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Cherry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used and solution pH, cherry juice color adds a pink to blue-red color to foods. Cherry juice color is a liquid derived from cherry fruit (Prunus cerasus L.) through aqueous and physical extraction. The major pigments in Cherry juice color are water soluble Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding cherry juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of cherry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated cherry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that cherry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of cherry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow cherry juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Chokeberry-- Aronia juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Chokeberry--Aronia juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, chokeberry--aronia juice color adds a bright red to blue-purple color to foods. Chokeberry--aronia juice color is a liquid derived from the chokeberry fruit (Grossulariaceae ribes nigrum) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in chokeberry--aronia juice color are Anthocynanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding chokeberry--aronia juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of chokeberry--aronia juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated chokeberry--aronia juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that chokeberry--aronia juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of chokeberry-- aronia juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow chokeberry-- aronia juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Elderberry juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Elderberry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, elderberry juice color adds a bright red to blue-purple color to foods. Elderberry juice color is a liquid derived from elderberry fruit (Adoxaceae sambucus nigra) through aqueous and physical extraction. The major pigments in elderberry juice color are Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding elderberry juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of elderberry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated elderberry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that elderberry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of elderberry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow elderberry juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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 juice Color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Grape juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.169). Depending on the concentration used, grape juice color adds a bright pink to deep red color to foods. Grape juice color is a liquid derived from grape fruit (Vitaceae vitis vinifera) through aqueous and physical extraction. The major pigments in grape juice color are Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding grape juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of grape juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated grape juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that grape juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of grape juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow grape juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Grape skin extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Grape skin extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.170). Depending on the concentration used, grape skin extract color adds a pink to deep purple color to foods. Grape skin extract color is a liquid derived from grape fruit (Vitaceae vitis vinifera) through aqueous and physical extraction. Powder forms are [[Page 27256]] derived from drying extracts. The major pigments in grape skin extract color are Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding grape skin extract color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of grape skin extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated grape skin extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that grape skin extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of grape skin extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow grape skin extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Paprika color--dried powder and vegetable oil extract, (CAS 68917-78-2). Paprika color was petitioned for use as a non- organic agricultural ingredient in or on processed products labeled as ``organic.'' Paprika color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.340 and 73.345). Depending on the concentration used, Paprika color adds a yellow orange to red orange color to foods. Paprika color is a ground dried powder or vegetable oil extracted liquid derived from Capsicium peppers (Capsicum annuum L.). The principle coloring components of paprika color are considered to be Carotenoids that are identified as Capsanthgin and Capsorubin. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding paprika color, dried powder and vegetable oil extract, to the National List for use in organic handling as a non- organic agricultural ingredient when the organic form of paprika color, dried powder and vegetable oil extract, is considered commercially unavailable. In this open meeting, the NOSB evaluated paprika color, dried powder and vegetable oil extract, against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that paprika color, dried powder and vegetable oil extract, is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of paprika color, dried powder and vegetable oil extract, in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow paprika color, dried powder and vegetable oil extract, as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Pumpkin juice color, (pigment CAS 127-40-2). Pumpkin juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Pumpkin juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, pumpkin juice color adds a yellow to orange red color to foods. Pumpkin juice color is a liquid derived from pumpkin fruit (Concurbita L.) through physical extraction and effluent concentration. The major pigments in pumpkin juice color are Carotenoids. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding pumpkin juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of pumpkin juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated pumpkin juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that pumpkin juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of pumpkin juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow pumpkin juice color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Purple potato juice color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Purple potato juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on solution pH and the concentration used, Purple potato juice color adds a pink to purple color to foods. Purple potato juice color is a liquid derived from purple potatoes (Ipomoea batatas L.) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in purple potato juice color are Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding purple potato juice color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of purple potato juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated purple potato juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that purple potato juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of purple potato juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow purple potato juice color as a non- organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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 cabbage extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Red cabbage extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on the concentration used, red cabbage extract color adds a red or pink color to foods. Red cabbage extract color is a liquid derived from red cabbage (Brassicadeae brissica oleracea) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in red cabbage extract color are Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding red cabbage extract color to the National List for use in organic handling as a non-organic [[Page 27257]] agricultural ingredient when the organic form of red cabbage extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated red cabbage extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Red cabbage extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of red cabbage extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow red cabbage extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' 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). Red radish extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Red radish extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on the concentration used, red radish extract color adds a red to pink color to foods. Red radish extract color is a liquid derived from red radish (Brassicaceae raphinus sativus) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in red radish extract color are water soluble Anthocyanins. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding red radish extract color to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of red radish extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated red radish extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that red radish extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of red radish extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow red radish extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Saffron extract color (pigment CAS 1393-63-1). Saffron extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Saffron extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.500). Depending on the concentration used, saffron extract color adds a bright yellow to orange color to foods. Saffron extract color is a powder derived from stigmas of the Autumn Crocus blossoms (Crocus sativus) that are dried and ground. The predominant color pigment in saffron extract color is Crocin, a tetraterpene Carotenoid. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding saffron extract color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of saffron extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated saffron extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that saffron extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of saffron extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow saffron extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Turmeric extract color, (CAS 458-37-7). Turmeric extract color was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Turmeric extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.600). Depending on the concentration used, turmeric extract color adds a bright yellow color to foods. Turmeric extract color is a liquid derived from the rhizomes of the plant Curcuma longa, a member of the ginger family Zingiberaceae, through physical extraction in vegetable oil. The major pigments in turmeric extract color are Curcumunoids which are reported to be strong antioxidants. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding turmeric extract color to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of turmeric extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated turmeric extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that turmeric extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of turmeric extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow turmeric extract color as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Ingredients or Processing Aids From Agricultural Products Casings, from processed intestines (no CAS ). Casings, from processed intestines was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Casings from processed intestines are used as sheaths in the manufacture of sausage and a variety of other meat products. Its use in the manufacture of meat products is regulated by the USDA (9 CFR parts 317 and 38). Casings are derived from processed intestines primarily from the bovine, ovine or porcine animal species. The justification for adding non-organic casings to the National List is based upon insufficient availability of processed intestines from organically produced animals. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding casings from processed intestines to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of casings is considered commercially unavailable. In this open meeting, the NOSB evaluated casings from processed intestines against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that casings from processed intestines is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of casings from [[Page 27258]] processed intestines in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow casings from processed intestines as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Celery powder (No CAS ). Celery powder was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' This substance is used on meat products to facilitate the natural curing of meat. Its general use in food products is regulated by FDA (21 CFR 182.10). When applied to meat products, celery powder provides a concentrated source of nitrate that is converted to nitrite by reacting with myoglobin, a component in the meat tissue. This curing process inhibits growth of undesirable microorganisms, retains color and preserves the flavors of meats. Celery powder is a light green powder obtained from processing celery plant tissue by cutting, grinding, drying, pulping, or similar processing of tissues as described under FDA (21 CFR 101.22). At its March 27-29, 2007 meeting in Washington, DC, the NOSB recommended adding celery powder to the National List for use in organic handling as a non-organic agricultural ingredient when the organic form of celery powder is considered commercially unavailable. In this open meeting, the NOSB evaluated celery powder against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that celery powder is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of celery powder in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow celery powder as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Chia (Salvia hispanica L.) (no CAS ). Chia was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Chia is used as an ingredient in a variety of foods such as baked goods and beverages. Its use in food products is regulated by FDA (21 CFR 182.10). Chia is an annual herb grown in Central America, considered to be gluten free, provides both soluble and insoluble dietary fiber, and is a good source of omega-3 fatty acids. In some regions, chia is primarily cultivated for its seeds which are known to have a high concentration of omega-3 fatty acids. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding chia to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of chia is considered commercially unavailable. In this open meeting, the NOSB evaluated chia against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that chia is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of chia in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow chia as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Dillweed oil, (CAS 8006-75-5). Dillweed oil was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Dillweed oil is used as a flavoring agent in organic dill pickle production. The flavor and aroma components of dillweed oil are attributed to substances classified as Monoterpenes--Carvone, Limonene and Phellandrene. Dillweed oil is a colorless to pale yellow or yellow clear liquid that is insoluble in water and its use in food products is regulated by FDA (21 CFR 184.1282). After harvest, the dillweed plant (Anethum graveolens) is steam distilled and the dillweed oil is collected in the condensate. This oil is then standardized to achieve the desired flavor properties. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding dillweed oil to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of dillweed oil is considered commercially unavailable. In this open meeting, the NOSB evaluated dillweed oil against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that dillweed oil is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of dillweed oil in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow dillweed oil as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Fish oil (Fatty acid CAS 's: 10417-94-4, and 25167-62-8). Fish oil was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Fish oil is used as an ingredient in a variety of foods such as baked goods, cereals, cheese products, and soups. Its use in food products is regulated by FDA (21 CFR 184). A primary purpose for adding fish oil as an ingredient to foods is to elevate the omega-3 fatty acid content of foods. Fish oil is a mixture of fatty acids with two omega-3 fatty acids, Eicosapentaenoic acid and Docosahexaenoic acid as the principle fatty acid components. It is a liquid that is extracted and refined from fish by-product sourced from high fat containing fish species such as salmon, tuna, anchovy and sardines. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding fish oil to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of fish oil is considered commercially unavailable. In this open meeting, the NOSB evaluated fish oil against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that fish oil is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of fish oil in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow fish oil as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Fructooligosaccharides (CAS 308066-66-2). Fructooligosaccharides was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Fructooligosaccharides is used as an ingredient in a variety of food products. Its use in food products is regulated by FDA (21 CFR 172.892). A primary purpose for adding fructooligosaccharides as an ingredient to foods is to serve as a bulking agent by providing prebiotic fiber to foods. Fructooligosaccharides are naturally present in several vegetables, fruits and [[Page 27259]] grains that may be components of standard diets. This substance is commercially produced by subjecting sucrose to heated fermentation with an Aspergillus japonicus derived enzyme. The inclusion of this non- digestible carbohydrate is thought to promote a more favorable intestinal microbial composition which may be beneficial to human health. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding fructooligosaccharides to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of fructooligosaccharides is considered commercially unavailable. In this open meeting, the NOSB evaluated fructooligosaccharides against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that fructooligosaccharides is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of fructooligosaccharides in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow fructooligosaccharides as a non- organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Galangal--frozen (no CAS ). Galangal--frozen, was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Galangal is used as a flavoring ingredient in a variety of foods. Its use as an ingredient in food products is regulated by FDA (21 CFR 182.10). The essential oils (aroma components) and flavoring capacity of galangal varies with the source of galangal. Fresh or frozen galangal provides more of the aroma essential oils and flavoring capacity compared to dried galangal. Galangal is derived from knobby galanga rhizome or rootstock (Alpina galanga, Alpina officinarum). It is a ginger-like rootstock with an orange-brown or pale red surface and woody texture. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding frozen galangal to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of frozen galangal is considered commercially unavailable. In this open meeting, the NOSB evaluated frozen galangal against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that frozen galangal is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of frozen galangal, in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow frozen galangal, as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Gelatin (CAS 9000-70-8). Gelatin was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Gelatin is used as a stabilizer, thickener, or texturizer in a variety of foods. It can also be used as a processing aid such as a beverage clarifier, or as a protective coating or container for substances. Gelatin is considered to be a generally recognized as safe (GRAS) substance as provided by FDA (21 CFR 170). It can be manufactured from several different types of naturally derived collagen that is subjected to partial hydrolysis and extraction procedures. Gelatin is a heterogeneous mixture of high molecular weight water soluble proteins. It is a colorless, tasteless, odorless and considerably transparent substance that binds with water and swells to form a gelatinous product. At its May 6-8, 2002, meeting in Austin, Texas, the NOSB recommended adding gelatin to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of gelatin is considered commercially unavailable. In this open meeting, the NOSB evaluated gelatin against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed its commercial availability, received public comment, and concluded that gelatin is consistent with OFPA evaluation criteria and not commercially available in organic form. Therefore, in response to the NOSB recommendation regarding the use of gelatin in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow gelatin as a non-organically produced agricultural product allowed as an ingredients in or on processed products labeled as ``organic.'' Hops (Humulus lupulus). Hops was petitioned for use as a non- organic agricultural ingredient in or on processed products labeled as ``organic.'' Hops are a primary ingredient used in brewing beer. Several varieties of hops are used in the manufacture of beer products. Although the final brewing product is regulated by the Bureau of Alcohol, Tobacco & Firearms, hops are processed and packaged according to FDA (21 CFR 110), Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food. As used for the brewing process, hops form varieties include whole hops, hop pellets, hop powder pellets, modified hop powder pellets or hops extract. Hops contribute unique flavors and aroma to brewing, and may serve as a natural stabilizer. While hops are grown in diverse agricultural regions, hop varieties vary in flavor and aroma characteristics, and are selected based upon the unique characteristics contributed to brewing. Due to these unique characteristics that are contributed to a specific brewing process, brewers cannot interchange hop varieties should a selected variety be commercially unavailable without significant changes in the final product. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding hops to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of hops is considered commercially unavailable. In this open meeting, the NOSB evaluated hops against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that hops is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of hops in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow hops as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Inulin, oligofructose enriched, (CAS 9005-80-5). Oligofructose enriched inulin was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Oligofructose enriched inulin is used as an ingredient in a variety of foods. It is considered to be a GRAS substance and its use in food products is regulated by FDA (21 CFR 172.892). A primary purpose for adding oligofructose enriched inulin as an ingredient to foods is to add soluble dietary fiber, and provide texture and consistency to food products. Oligofructose enriched inulin is derived [[Page 27260]] from inulin which is a polymer of naturally occurring oligosaccharide produced in many types of plants. Inulin is extracted from the root of the chicory plant (Cichorium intybus) by a hot water diffusion process. Subsequently, the extracted inulin is partially enzymatically hydrolyzed to yield oligofructose enriched inulin. The hydrolyzate is dried to a powder for application in foods. Enzyme hydrolyzation reduces the chemical chain length of the oligosaccharide polymer resulting in varying functional properties between inulin and the oligofructose enriched form. The shorter polymer chain length increases polymer solubility and facilitates product texture and consistency. At its March 27-29, 2007, meeting in Washington, DC, the NOSB recommended adding oligofructose enriched inulin to the National List for use in organic handling as a non-organic agricultural ingredient where the organic form of oligofructose enriched inulin is considered commercially unavailable. In this open meeting, the NOSB evaluated oligofructose enriched inulin against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that oligofructose enriched inulin is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of oligofructose enriched inulin in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow oligofructose enriched inulin as a non-organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.'' Konjac flour (CAS 37220-17-0). Konjac flour was petitioned for use as a non-organic agricultural ingredient in or on processed products labeled as ``organic.'' Konjac flour is used as an ingredient in foods as a gelling agent, stabilizer, thickener, fat replacer, and similar technological functions. Its use as an ingredient in non-meat food products is regulated by FDA (21 CFR 170) and its use in meat products is regulated by USDA Food Safety Inspection Service (FSIS) (9 CFR 381). Konjac flour is a dried powder derived from aqueous and physical extraction of the glucomannan polysaccharide (mannose and glucose units) from ground elephant yam (Amorphophallu) tuber (root). The polysaccharide in konjac flour has a large molecular weight and ca