National Organic Program: USDA Organic Regulations, 14420-14425 [2017-05480]

Download as PDF 14420 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations pmangrum on DSK4SPTVN1PROD with RULES an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to this Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site, you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. 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Dated: March 17, 2017. Betsy DeVos, Secretary of Education. [FR Doc. 2017–05723 Filed 3–17–17; 4:15 pm] BILLING CODE 4000–01–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS–NOP–17–0001; NOP–16–04] National Organic Program: USDA Organic Regulations Agricultural Marketing Service, USDA. ACTION: Notification of 2017 sunset review. AGENCY: 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. DATES: This document is effective March 15, 2017. FOR FURTHER INFORMATION CONTACT: Requests for a copy of this document should be sent to Robert Pooler, Standards Division, National Organic SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations prohibition 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 14421 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 (a) ..................... (1) ..................... (i) ...................... (ii) ...................... (2) ..................... (i) ...................... (ii) ...................... (iii) ..................... (4) ..................... (7) ..................... (b) ..................... (1) ..................... (2) ..................... (i) ...................... (ii) ...................... (c) ..................... (d) ..................... (e) ..................... (1) ..................... (3) ..................... (5) ..................... (6) ..................... (7) ..................... (8) ..................... (9) ..................... (10) ................... (f) ...................... (g) ..................... (i) ...................... (2) ..................... pmangrum on DSK4SPTVN1PROD with RULES (3) ..................... (4) ..................... (5) ..................... (6) ..................... (7) ..................... (9) ..................... (10) ................... (j) ...................... (1) ..................... (2) (3) (4) (5) (6) ..................... ..................... ..................... ..................... ..................... (i) ...................... (ii) ...................... (7) ..................... (8) ..................... (k) ..................... VerDate Sep<11>2014 Synthetic substances allowed for use in organic crop production. As algicide, disinfectants, and sanitizer, including irrigation cleaning systems. Alcohols. Ethanol. Isopropanol. 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. Calcium hypochlorite. Chlorine dioxide. Sodium hypochlorite. Hydrogen peroxide. Soap-based algicide/demossers. As herbicides, weed barriers, as applicable. Herbicides, soap-based—for use in farmstead maintenance (roadways, ditches, right of ways, building perimeters) and ornamental crops. Mulches. Newspaper or other recycled paper, without glossy or colored inks. Plastic mulch or covers (petroleum-based other than polyvinyl chloride (PVC)). As compost feedstocks—Newspapers or other recycled paper, without glossy or colored inks. As animal repellents—Soaps, ammonium—for use as a large animal repellant only, no contact with soil or edible portion of crop. As insecticides (including acaricides or mite control). Ammonium carbonate—for use as bait in insect traps only, no direct contact with crop or soil. Boric acid—structural pest control, no direct contact with organic food or crops. Elemental sulfur. Lime sulfur—including calcium polysulfide. Oils, horticultural—narrow range oils as dormant, suffocating, and summer oils. Soaps, insecticidal. Sticky traps/barriers. Sucrose octanoate esters (CAS #s—42922–74–7; 58064–47–4)—in accordance with approved labeling. As insect management. Pheromones. As rodenticides. Vitamin D3. As plant disease control. Coppers, fixed—copper hydroxide, copper oxide, copper oxychloride, includes products exempted from EPA tolerance, Provided, That, copper-based materials must be used in a manner that minimizes accumulation in the soil and shall not be used as herbicides. Copper sulfate—Substance must be used in a manner that minimizes accumulation of copper in the soil. Hydrated lime. Hydrogen peroxide. Lime sulfur. Oils, horticultural, narrow range oils as dormant, suffocating, and summer oils. Potassium bicarbonate. Elemental sulfur. As plant or soil amendments. Aquatic plant extracts (other than hydrolyzed)—Extraction process is limited to the use of potassium hydroxide or sodium hydroxide; solvent amount used is limited to that amount necessary for extraction. Elemental sulfur. Humic acids—naturally occurring deposits, water and alkali extracts only. Lignin sulfonate—chelating agent, dust suppressant. Magnesium sulfate—allowed with a documented soil deficiency. Micronutrients—not to be used as a defoliant, herbicide, or desiccant. Those made from nitrates or chlorides are not allowed. Soil deficiency must be documented by testing. Soluble boron products. Sulfates, carbonates, oxides, or silicates of zinc, copper, iron, manganese, molybdenum, selenium, and cobalt. Liquid fish products—can be pH adjusted with sulfuric, citric or phosphoric acid. The amount of acid used shall not exceed the minimum needed to lower the pH to 3.5. Vitamins B1, C, and E. As plant growth regulators. Ethylene gas—for regulation of pineapple flowering. 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 14422 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations TABLE 1—SUBSTANCES RENEWED IN 2017 SUNSET REVIEW—Continued National list section Substance listing (l) ...................... (2) ..................... (m) .................... As floating agents in post-harvest handling. Sodium silicate—for tree fruit and fiber processing. As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic substances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances. EPA List 4—Inerts of Minimal Concern. As production aids. Microcrystalline cheesewax (CAS #’s 64742–42–3, 8009–03–08, and 8002–74–2)—for use in log grown mushroom production. Must be made without either ethylene-propylene co-polymer or synthetic colors. (1) ..................... (o) ..................... § 205.602 (a) (b) (d) (e) ..................... ..................... ..................... ..................... (f) ...................... (h) ..................... (i) ...................... Nonsynthetic substances prohibited for use in organic crop production. Ash from manure burning. Arsenic. Lead salts. Potassium chloride—unless derived from a mined source and applied in a manner that minimizes chloride accumulation in the soil. Sodium fluoaluminate (mined). Strychnine. Tobacco dust (nicotine sulfate). § 205.603 Synthetic substances allowed for use in organic livestock production. In accordance with restrictions specified in this section the following synthetic substances may be used in organic livestock production: (a) ..................... (1) ..................... (i) ...................... (ii) ...................... (2) ..................... (3) ..................... (4) ..................... (5) ..................... (6) ..................... (7) ..................... (i) ...................... (ii) ...................... (iii) ..................... (8) ..................... (9) ..................... (11) (12) (13) (14) (15) ................... ................... ................... ................... ................... pmangrum on DSK4SPTVN1PROD with RULES (16) ................... (17) ................... (18) ................... (i) ...................... (ii) ...................... (iii) ..................... (19) ................... (20) ................... VerDate Sep<11>2014 As disinfectants, sanitizer, and medical treatments as applicable. Alcohols. Ethanol-disinfectant and sanitizer only, prohibited as a feed additive. Isopropanol-disinfectant only. Aspirin-approved for health care use to reduce inflammation. Atropine (CAS #—51–55–8)—federal law restricts this drug to use by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, the NOP requires: (i) Use by or on the lawful written order of a licensed veterinarian; and (ii) A meat withdrawal period of at least 56 days after administering to livestock intended for slaughter; and a milk discard period of at least 12 days after administering to dairy animals. Biologics—Vaccines. Butorphanol (CAS #—42408–82–2)—federal law restricts this drug to use by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, the NOP requires: (i) Use by or on the lawful written order of a licensed veterinarian; and (ii) A meat withdrawal period of at least 42 days after administering to livestock intended for slaughter; and a milk discard period of at least 8 days after administering to dairy animals. Chlorhexidine—Allowed for surgical procedures conducted by a veterinarian. Allowed for use as a teat dip when alternative germicidal agents and/or physical barriers have lost their effectiveness. Chlorine materials—disinfecting and sanitizing facilities and equipment. Residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act. Calcium hypochlorite. Chlorine dioxide. Sodium hypochlorite. Electrolytes—without antibiotics. Flunixin (CAS #—38677–85–9)—in accordance with approved labeling; except that for use under 7 CFR part 205, the NOP requires a withdrawal period of at least two-times that required by the FDA. Glucose. Glycerin—Allowed as a livestock teat dip, must be produced through the hydrolysis of fats or oils. Hydrogen peroxide. Iodine. Magnesium hydroxide (CAS #—1309–42–8)—federal law restricts this drug to use by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, the NOP requires use by or on the lawful written order of a licensed veterinarian. Magnesium sulfate. Oxytocin—use in postparturition therapeutic applications. Parasiticides—Prohibited in slaughter stock, allowed in emergency treatment for dairy and breeder stock when organic system plan-approved preventive management does not prevent infestation. Milk or milk products from a treated animal cannot be labeled as provided for in subpart D of this part for 90 days following treatment. In breeder stock, treatment cannot occur during the last third of gestation if the progeny will be sold as organic and must not be used during the lactation period for breeding stock. Fenbendazole (CAS #—43210–67–9)—only for use by or on the lawful written order of a licensed veterinarian. Ivermectin (CAS #—70288–86–7). Moxidectin (CAS #—113507–06–5)—for control of internal parasites only. Peroxyacetic/Peracetic acid (CAS #—79–21–0)—for sanitizing facility and processing equipment. Phosphoric acid—allowed as an equipment cleaner, Provided, That, no direct contact with organically managed livestock or land occurs. 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14423 TABLE 1—SUBSTANCES RENEWED IN 2017 SUNSET REVIEW—Continued National list section Substance listing (21) ................... Poloxalene (CAS #—9003–11–6)—for use under 7 CFR part 205, the NOP requires that poloxalene only be used for the emergency treatment of bloat. Tolazoline (CAS #—59–98–3)—federal law restricts this drug to use by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, the NOP requires: (i) Use by or on the lawful written order of a licensed veterinarian; (ii) Use only to reverse the effects of sedation and analgesia caused by Xylazine; and (iii) A meat withdrawal period of at least 8 days after administering to livestock intended for slaughter; and a milk discard period of at least 4 days after administering to dairy animals. Xylazine (CAS #—7361–61–7)—federal law restricts this drug to use by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, the NOP requires: (i) Use by or on the lawful written order of a licensed veterinarian; (ii) The existence of an emergency; and (iii) A meat withdrawal period of at least 8 days after administering to livestock intended for slaughter; and a milk discard period of at least 4 days after administering to dairy animals. As topical treatment, external parasiticide or local anesthetic as applicable. Copper sulfate. Formic acid (CAS #—64–18–6)—for use as a pesticide solely within honeybee hives. Iodine. Lidocaine—as a local anesthetic. Use requires a withdrawal period of 90 days after administering to livestock intended for slaughter and 7 days after administering to dairy animals. Lime, hydrated—as an external pest control, not permitted to cauterize physical alterations or deodorize animal wastes. Mineral oil—for topical use and as a lubricant. Procaine—as a local anesthetic, use requires a withdrawal period of 90 days after administering to livestock intended for slaughter and 7 days after administering to dairy animals. Sucrose octanoate esters (CAS #s—42922–74–7; 58064–47–4)—in accordance with approved labeling. As feed additives. 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 maximum levels of synthetic methionine per ton of feed: Laying and broiler chickens—2 pounds; turkeys and all other poultry—3 pounds. Trace minerals, used for enrichment or fortification when FDA approved. Vitamins, used for enrichment or fortification when FDA approved. As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic substances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances. EPA List 4—Inerts of Minimal Concern. Excipients, only for use in the manufacture of drugs used to treat organic livestock when the excipient is: Identified by the FDA as Generally Recognized As Safe; Approved by the FDA as a food additive; or Included in the FDA review and approval of a New Animal Drug Application or New Drug Application. (22) ................... (23) ................... (b) (1) (2) (3) (4) ..................... ..................... ..................... ..................... ..................... (5) ..................... (6) ..................... (7) ..................... (8) ..................... (d) ..................... (1) ..................... (2) ..................... (3) ..................... (e) ..................... (1) ..................... (f) ...................... § 205.604 Nonsynthetic substances prohibited for use in organic livestock production. The following nonsynthetic substances may not be used in organic livestock production: (a) ..................... Strychnine. § 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as ‘‘organic’’ or ‘‘made with organic (specified ingredients or food group(s)).’’ pmangrum on DSK4SPTVN1PROD with RULES (a) ..................... VerDate Sep<11>2014 Nonsynthetics allowed: Acids (Alginic; Citric—produced by microbial fermentation of carbohydrate substances; and Lactic). Attapulgite—as a processing aid in the handling of plant and animal oils. Bentonite. Calcium carbonate. Calcium chloride. Dairy cultures. Diatomaceous earth—food filtering aid only. Enzymes—must be derived from edible, nontoxic plants, nonpathogenic fungi, or nonpathogenic bacteria. Flavors, nonsynthetic sources only and must not be produced using synthetic solvents and carrier systems or any artificial preservative. Kaolin. Magnesium sulfate, nonsynthetic sources only. Nitrogen—oil-free grades. Oxygen—oil-free grades. Perlite—for use only as a filter aid in food processing. Potassium chloride. Potassium iodide. Sodium bicarbonate. Sodium carbonate. Waxes—nonsynthetic (Carnauba wax; and Wood resin). 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 14424 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations TABLE 1—SUBSTANCES RENEWED IN 2017 SUNSET REVIEW—Continued National list section Substance listing (b) ..................... § 205.606 Yeast—When used as food or a fermentation agent in products labeled as ‘‘organic,’’ yeast must be organic if its end use is for human consumption; nonorganic yeast may be used when organic yeast is not commercially available. Growth on petrochemical substrate and sulfite waste liquor is prohibited. For smoked yeast, nonsynthetic smoke flavoring process must be documented. Synthetics allowed: Acidified sodium chlorite—Secondary direct antimicrobial food treatment and indirect food contact surface sanitizing. Acidified with citric acid only. Alginates. Ammonium bicarbonate—for use only as a leavening agent. Ammonium carbonate—for use only as a leavening agent. Ascorbic acid. Calcium citrate. Calcium hydroxide. Calcium phosphates (monobasic, dibasic, and tribasic). Carbon dioxide. Chlorine materials—disinfecting and sanitizing food contact surfaces, Except, That, residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act (Calcium hypochlorite; Chlorine dioxide; and Sodium hypochlorite). Ethylene—allowed for postharvest ripening of tropical fruit and degreening of citrus. Ferrous sulfate—for iron enrichment or fortification of foods when required by regulation or recommended (independent organization). Glycerides (mono and di)—for use only in drum drying of food. Glycerin—produced by hydrolysis of fats and oils. Hydrogen peroxide. Magnesium chloride—derived from sea water. Magnesium stearate—for use only in agricultural products labeled ‘‘made with organic (specified ingredients or food group(s)),’’ prohibited in agricultural products labeled ‘‘organic’’. Nutrient vitamins and minerals, in accordance with 21 CFR 104.20, Nutritional Quality Guidelines For Foods. Ozone. Phosphoric acid—cleaning of food-contact surfaces and equipment only. Potassium acid tartrate. Potassium carbonate. Potassium citrate. Potassium phosphate—for use only in agricultural products labeled ‘‘made with organic (specific ingredients or food group(s)),’’ prohibited in agricultural products labeled ‘‘organic’’. Sodium citrate. Sodium hydroxide—prohibited for use in lye peeling of fruits and vegetables. Sodium phosphates—for use only in dairy foods. Sulfur dioxide—for use only in wine labeled ‘‘made with organic grapes,’’ Provided, That, total sulfite concentration does not exceed 100 ppm. Tocopherols—derived from vegetable oil when rosemary extracts are not a suitable alternative. Xanthan gum. Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ‘‘organic.’’ Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as ‘‘organic,’’ only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form. pmangrum on DSK4SPTVN1PROD with RULES (a) ..................... (b) ..................... (d) ..................... (1) ..................... (3) ..................... (4) ..................... (5) ..................... (6) ..................... (7) ..................... (8) ..................... (9) ..................... (10) ................... (11) ................... (12) ................... (13) ................... (14) ................... (15) ................... (16) ................... (17) ................... (18) ................... (f) ...................... VerDate Sep<11>2014 Casings, from processed intestines. Celery powder. Colors derived from agricultural products—Must not be produced using synthetic solvents and carrier systems or any artificial preservative. Beet juice extract color (pigment CAS #7659–95–2). 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 (CAS #68917–78–2)—dried, and oil extracted. Pumpkin juice color (pigment CAS #127–40–2). Purple potato juice (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 1429–30–7, and 134–04–3). Red cabbage extract color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 1429–30–7, and 134–04–3. Red radish extract color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 1429–30–7, and 134–04–3). Saffron extract color (pigment CAS #1393–63–1). Turmeric extract color (CAS #458–37–7). Fish oil (Fatty acid CAS #’s: 10417–94–4, and 25167–62–8)—stabilized with organic ingredients or only with ingredients on the National List, §§ 205.605 and 205.606. 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14425 TABLE 1—SUBSTANCES RENEWED IN 2017 SUNSET REVIEW—Continued National list section Substance listing (g) ..................... (i) ...................... (j) ...................... (l) ...................... (m) .................... (n) ..................... (p) ..................... (q) ..................... (r) ...................... (t) ...................... (u) ..................... (1) ..................... (2) ..................... (x) ..................... Fructooligosaccharides (CAS # 308066–66–2). Gelatin (CAS # 9000–70–8). Gums—water extracted only (Arabic; Guar; Locust bean; and Carob bean). Kelp—for use only as a thickener and dietary supplement. Konjac flour (CAS # 37220–17–0). Lecithin—de-oiled. Orange pulp, dried. Orange shellac-unbleached (CAS # 9000–59–3). Pectin (non-amidated forms only). Seaweed, Pacific kombu. Starches. Cornstarch (native). Sweet potato starch—for bean thread production only. Wakame seaweed (Undaria pinnatifida). Authority: 7 U.S.C. 6501–6522. Dated: March 15, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017–05480 Filed 3–20–17; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF ENERGY 10 CFR Parts 429 and 430 [Docket No. EERE–2016–BT–TP–0029] RIN 1904–AD71 Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; further delay of effective date. AGENCY: This document further temporarily postpones the effective date of a recently published final rule establishing test procedures for certain varieties of central air conditioners and heat pumps. DATES: As of March 21, 2017, the effective date of the rule amending 10 CFR parts 429 and 430 published in the Federal Register at 82 FR 1426 on January 5, 2017, delayed until March 21, 2017 at 82 FR 8985 on February 2, 2017, is further delayed until July 3, 2017. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of July 3, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–2J, 1000 Independence Avenue SW., pmangrum on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 Washington, DC 20585–0121. Telephone: (202) 586–6590. Email: Ashey.Armstrong@ee.doe.gov. Ms. Johanna Jochum, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Ave. SW., Washington, DC 20585–0121. Phone: (202) 287–6307. Email: Johanna.Jochum@hq.doe.gov. SUPPLEMENTARY INFORMATION: On February 2, 2017, the United States Department of Energy (‘‘DOE’’) temporarily postponed the effective date of its final rule amending the test procedures for central air conditioners and heat pumps published in the Federal Register on January 4, 2017. See 82 FR 8985. The February 2 rule temporarily postponed the effective date of the final rule by 60 days, starting from January 20, 2017. The temporary 60-day delay in effective date was necessary to give the newly appointed Secretary of Energy (Secretary) the opportunity for further review and consideration of new regulations. However, the Secretary was not confirmed and did not begin work in his position until March 3, 2017. As a result, the Secretary was unable to accomplish the review and consideration during the original postponement of the effective date of the regulation establishing test procedures for central air conditioners and heat pumps. Therefore, DOE hereby further temporarily postpones the effective date of that test procedure regulation to allow the Secretary the opportunity to accomplish this task. The effective date of this test procedure is postponed until July 3, 2017, the date on which the statute requires compliance. To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, DOE’s PO 00000 Frm 00007 Fmt 4700 Sfmt 9990 implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 5 U.S.C. 553(b)(B), DOE has determined that good cause exists to forego the requirement to provide prior notice and an opportunity for public comment thereon for this rule as such procedures would be impracticable, unnecessary and contrary to the public interest. DOE is temporarily postponing the effective date of this regulation pursuant to the previously-noted need for review by the Secretary and the statutory compliance date is unaffected by this action. As a result, seeking public comment on this delay is unnecessary and contrary to the public interest. It is also impracticable given the timing of the Secretary’s confirmation and the March 21 effective date established by the prior temporary postponement. For these same reasons DOE finds good cause to waive the 30day delay in effective date provided for in 5 U.S.C. 553(d). Issued in Washington, DC, on March 15, 2017. John T. Lucas, Acting General Counsel. [FR Doc. 2017–05481 Filed 3–20–17; 8:45 am] BILLING CODE 6450–01–P E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14420-14425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05480]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-17-0001; NOP-16-04]


National Organic Program: USDA Organic Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of 2017 sunset review.

-----------------------------------------------------------------------

SUMMARY: 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.

DATES: This document is effective March 15, 2017.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 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 Sec.  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

[[Page 14421]]

prohibition 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
------------------------------------------------------------------------
   Sec.   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)......................  Ammonium carbonate--for use as bait in insect
                            traps only, no direct contact with crop or
                            soil.
(3)......................  Boric acid--structural pest control, no
                            direct contact with organic food or crops.
(5)......................  Elemental sulfur.
(6)......................  Lime sulfur--including calcium polysulfide.
(7)......................  Oils, horticultural--narrow range oils as
                            dormant, suffocating, and summer oils.
(8)......................  Soaps, insecticidal.
(9)......................  Sticky traps/barriers.
(10).....................  Sucrose octanoate esters (CAS #s--42922-74-7;
                            58064-47-4)--in accordance with approved
                            labeling.
(f)......................  As insect management. Pheromones.
(g)......................  As rodenticides. Vitamin D3.
(i)......................  As plant disease control.
(2)......................  Coppers, fixed--copper hydroxide, copper
                            oxide, copper oxychloride, includes products
                            exempted from EPA tolerance, Provided, That,
                            copper-based materials must be used in a
                            manner that minimizes accumulation in the
                            soil and shall not be used as herbicides.
(3)......................  Copper sulfate--Substance must be used in a
                            manner that minimizes accumulation of copper
                            in the soil.
(4)......................  Hydrated lime.
(5)......................  Hydrogen peroxide.
(6)......................  Lime sulfur.
(7)......................  Oils, horticultural, narrow range oils as
                            dormant, suffocating, and summer oils.
(9)......................  Potassium bicarbonate.
(10).....................  Elemental sulfur.
(j)......................  As plant or soil amendments.
(1)......................  Aquatic plant extracts (other than
                            hydrolyzed)--Extraction process is limited
                            to the use of potassium hydroxide or sodium
                            hydroxide; solvent amount used is limited to
                            that amount necessary for extraction.
(2)......................  Elemental sulfur.
(3)......................  Humic acids--naturally occurring deposits,
                            water and alkali extracts only.
(4)......................  Lignin sulfonate--chelating agent, dust
                            suppressant.
(5)......................  Magnesium sulfate--allowed with a documented
                            soil deficiency.
(6)......................  Micronutrients--not to be used as a
                            defoliant, herbicide, or desiccant. Those
                            made from nitrates or chlorides are not
                            allowed. Soil deficiency must be documented
                            by testing.
(i)......................  Soluble boron products.
(ii).....................  Sulfates, carbonates, oxides, or silicates of
                            zinc, copper, iron, manganese, molybdenum,
                            selenium, and cobalt.
(7)......................  Liquid fish products--can be pH adjusted with
                            sulfuric, citric or phosphoric acid. The
                            amount of acid used shall not exceed the
                            minimum needed to lower the pH to 3.5.
(8)......................  Vitamins B1, C, and E.
(k)......................  As plant growth regulators. Ethylene gas--for
                            regulation of pineapple flowering.

[[Page 14422]]

 
(l)......................  As floating agents in post-harvest handling.
(2)......................  Sodium silicate--for tree fruit and fiber
                            processing.
(m)......................  As synthetic inert ingredients as classified
                            by the Environmental Protection Agency
                            (EPA), for use with nonsynthetic substances
                            or synthetic substances listed in this
                            section and used as an active pesticide
                            ingredient in accordance with any
                            limitations on the use of such substances.
(1)......................  EPA List 4--Inerts of Minimal Concern.
(o)......................  As production aids. Microcrystalline
                            cheesewax (CAS #'s 64742-42-3, 8009-03-08,
                            and 8002-74-2)--for use in log grown
                            mushroom production. Must be made without
                            either ethylene-propylene co-polymer or
                            synthetic colors.
------------------------------------------------------------------------
  Sec.   205.602 Nonsynthetic substances prohibited for use in organic
                            crop production.
------------------------------------------------------------------------
(a)......................  Ash from manure burning.
(b)......................  Arsenic.
(d)......................  Lead salts.
(e)......................  Potassium chloride--unless derived from a
                            mined source and applied in a manner that
                            minimizes chloride accumulation in the soil.
(f)......................  Sodium fluoaluminate (mined).
(h)......................  Strychnine.
(i)......................  Tobacco dust (nicotine sulfate).
------------------------------------------------------------------------
Sec.   205.603 Synthetic substances allowed for use in organic livestock
                               production.
------------------------------------------------------------------------
In accordance with restrictions specified in this section the following
 synthetic substances may be used in organic livestock production:
------------------------------------------------------------------------
(a)......................  As disinfectants, sanitizer, and medical
                            treatments as applicable.
(1)......................  Alcohols.
(i)......................  Ethanol-disinfectant and sanitizer only,
                            prohibited as a feed additive.
(ii).....................  Isopropanol-disinfectant only.
(2)......................  Aspirin-approved for health care use to
                            reduce inflammation.
(3)......................  Atropine (CAS #--51-55-8)--federal law
                            restricts this drug to use by or on the
                            lawful written or oral order of a licensed
                            veterinarian, in full compliance with the
                            AMDUCA and 21 CFR part 530 of the Food and
                            Drug Administration regulations. Also, for
                            use under 7 CFR part 205, the NOP requires:
                            (i) Use by or on the lawful written order of
                            a licensed veterinarian; and (ii) A meat
                            withdrawal period of at least 56 days after
                            administering to livestock intended for
                            slaughter; and a milk discard period of at
                            least 12 days after administering to dairy
                            animals.
(4)......................  Biologics--Vaccines.
(5)......................  Butorphanol (CAS #--42408-82-2)--federal law
                            restricts this drug to use by or on the
                            lawful written or oral order of a licensed
                            veterinarian, in full compliance with the
                            AMDUCA and 21 CFR part 530 of the Food and
                            Drug Administration regulations. Also, for
                            use under 7 CFR part 205, the NOP requires:
                            (i) Use by or on the lawful written order of
                            a licensed veterinarian; and (ii) A meat
                            withdrawal period of at least 42 days after
                            administering to livestock intended for
                            slaughter; and a milk discard period of at
                            least 8 days after administering to dairy
                            animals.
(6)......................  Chlorhexidine--Allowed for surgical
                            procedures conducted by a veterinarian.
                            Allowed for use as a teat dip when
                            alternative germicidal agents and/or
                            physical barriers have lost their
                            effectiveness.
(7)......................  Chlorine materials--disinfecting and
                            sanitizing facilities and equipment.
                            Residual chlorine levels in the water shall
                            not exceed the maximum residual disinfectant
                            limit under the Safe Drinking Water Act.
(i)......................  Calcium hypochlorite.
(ii).....................  Chlorine dioxide.
(iii)....................  Sodium hypochlorite.
(8)......................  Electrolytes--without antibiotics.
(9)......................  Flunixin (CAS #--38677-85-9)--in accordance
                            with approved labeling; except that for use
                            under 7 CFR part 205, the NOP requires a
                            withdrawal period of at least two-times that
                            required by the FDA.
(11).....................  Glucose.
(12).....................  Glycerin--Allowed as a livestock teat dip,
                            must be produced through the hydrolysis of
                            fats or oils.
(13).....................  Hydrogen peroxide.
(14).....................  Iodine.
(15).....................  Magnesium hydroxide (CAS #--1309-42-8)--
                            federal law restricts this drug to use by or
                            on the lawful written or oral order of a
                            licensed veterinarian, in full compliance
                            with the AMDUCA and 21 CFR part 530 of the
                            Food and Drug Administration regulations.
                            Also, for use under 7 CFR part 205, the NOP
                            requires use by or on the lawful written
                            order of a licensed veterinarian.
(16).....................  Magnesium sulfate.
(17).....................  Oxytocin--use in postparturition therapeutic
                            applications.
(18).....................  Parasiticides--Prohibited in slaughter stock,
                            allowed in emergency treatment for dairy and
                            breeder stock when organic system plan-
                            approved preventive management does not
                            prevent infestation. Milk or milk products
                            from a treated animal cannot be labeled as
                            provided for in subpart D of this part for
                            90 days following treatment. In breeder
                            stock, treatment cannot occur during the
                            last third of gestation if the progeny will
                            be sold as organic and must not be used
                            during the lactation period for breeding
                            stock.
(i)......................  Fenbendazole (CAS #--43210-67-9)--only for
                            use by or on the lawful written order of a
                            licensed veterinarian.
(ii).....................  Ivermectin (CAS #--70288-86-7).
(iii)....................  Moxidectin (CAS #--113507-06-5)--for control
                            of internal parasites only.
(19).....................  Peroxyacetic/Peracetic acid (CAS #--79-21-0)--
                            for sanitizing facility and processing
                            equipment.
(20).....................  Phosphoric acid--allowed as an equipment
                            cleaner, Provided, That, no direct contact
                            with organically managed livestock or land
                            occurs.

[[Page 14423]]

 
(21).....................  Poloxalene (CAS #--9003-11-6)--for use under
                            7 CFR part 205, the NOP requires that
                            poloxalene only be used for the emergency
                            treatment of bloat.
(22).....................  Tolazoline (CAS #--59-98-3)--federal law
                            restricts this drug to use by or on the
                            lawful written or oral order of a licensed
                            veterinarian, in full compliance with the
                            AMDUCA and 21 CFR part 530 of the Food and
                            Drug Administration regulations. Also, for
                            use under 7 CFR part 205, the NOP requires:
                            (i) Use by or on the lawful written order of
                            a licensed veterinarian; (ii) Use only to
                            reverse the effects of sedation and
                            analgesia caused by Xylazine; and (iii) A
                            meat withdrawal period of at least 8 days
                            after administering to livestock intended
                            for slaughter; and a milk discard period of
                            at least 4 days after administering to dairy
                            animals.
(23).....................  Xylazine (CAS #--7361-61-7)--federal law
                            restricts this drug to use by or on the
                            lawful written or oral order of a licensed
                            veterinarian, in full compliance with the
                            AMDUCA and 21 CFR part 530 of the Food and
                            Drug Administration regulations. Also, for
                            use under 7 CFR part 205, the NOP requires:
                            (i) Use by or on the lawful written order of
                            a licensed veterinarian; (ii) The existence
                            of an emergency; and (iii) A meat withdrawal
                            period of at least 8 days after
                            administering to livestock intended for
                            slaughter; and a milk discard period of at
                            least 4 days after administering to dairy
                            animals.
(b)......................  As topical treatment, external parasiticide
                            or local anesthetic as applicable.
(1)......................  Copper sulfate.
(2)......................  Formic acid (CAS #--64-18-6)--for use as a
                            pesticide solely within honeybee hives.
(3)......................  Iodine.
(4)......................  Lidocaine--as a local anesthetic. Use
                            requires a withdrawal period of 90 days
                            after administering to livestock intended
                            for slaughter and 7 days after administering
                            to dairy animals.
(5)......................  Lime, hydrated--as an external pest control,
                            not permitted to cauterize physical
                            alterations or deodorize animal wastes.
(6)......................  Mineral oil--for topical use and as a
                            lubricant.
(7)......................  Procaine--as a local anesthetic, use requires
                            a withdrawal period of 90 days after
                            administering to livestock intended for
                            slaughter and 7 days after administering to
                            dairy animals.
(8)......................  Sucrose octanoate esters (CAS #s--42922-74-7;
                            58064-47-4)--in accordance with approved
                            labeling.
(d)......................  As feed additives.
(1)......................  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 maximum levels
                            of synthetic methionine per ton of feed:
                            Laying and broiler chickens--2 pounds;
                            turkeys and all other poultry--3 pounds.
(2)......................  Trace minerals, used for enrichment or
                            fortification when FDA approved.
(3)......................  Vitamins, used for enrichment or
                            fortification when FDA approved.
(e)......................  As synthetic inert ingredients as classified
                            by the Environmental Protection Agency
                            (EPA), for use with nonsynthetic substances
                            or synthetic substances listed in this
                            section and used as an active pesticide
                            ingredient in accordance with any
                            limitations on the use of such substances.
(1)......................  EPA List 4--Inerts of Minimal Concern.
(f)......................  Excipients, only for use in the manufacture
                            of drugs used to treat organic livestock
                            when the excipient is: Identified by the FDA
                            as Generally Recognized As Safe; Approved by
                            the FDA as a food additive; or Included in
                            the FDA review and approval of a New Animal
                            Drug Application or New Drug Application.
------------------------------------------------------------------------
  Sec.   205.604 Nonsynthetic substances prohibited for use in organic
                          livestock production.
------------------------------------------------------------------------
The following nonsynthetic substances may not be used in organic
 livestock production:
------------------------------------------------------------------------
(a)......................  Strychnine.
------------------------------------------------------------------------
Sec.   205.605 Nonagricultural (nonorganic) substances allowed as
 ingredients in or on processed products labeled as ``organic'' or
 ``made with organic (specified ingredients or food group(s)).''
------------------------------------------------------------------------
(a)......................  Nonsynthetics allowed:
                           Acids (Alginic; Citric--produced by microbial
                            fermentation of carbohydrate substances; and
                            Lactic).
                           Attapulgite--as a processing aid in the
                            handling of plant and animal oils.
                           Bentonite.
                           Calcium carbonate.
                           Calcium chloride.
                           Dairy cultures.
                           Diatomaceous earth--food filtering aid only.
                           Enzymes--must be derived from edible,
                            nontoxic plants, nonpathogenic fungi, or
                            nonpathogenic bacteria.
                           Flavors, nonsynthetic sources only and must
                            not be produced using synthetic solvents and
                            carrier systems or any artificial
                            preservative.
                           Kaolin.
                           Magnesium sulfate, nonsynthetic sources only.
                           Nitrogen--oil-free grades.
                           Oxygen--oil-free grades.
                           Perlite--for use only as a filter aid in food
                            processing.
                           Potassium chloride.
                           Potassium iodide.
                           Sodium bicarbonate.
                           Sodium carbonate.
                           Waxes--nonsynthetic (Carnauba wax; and Wood
                            resin).

[[Page 14424]]

 
                           Yeast--When used as food or a fermentation
                            agent in products labeled as ``organic,''
                            yeast must be organic if its end use is for
                            human consumption; nonorganic yeast may be
                            used when organic yeast is not commercially
                            available. Growth on petrochemical substrate
                            and sulfite waste liquor is prohibited. For
                            smoked yeast, nonsynthetic smoke flavoring
                            process must be documented.
(b)......................  Synthetics allowed:
                           Acidified sodium chlorite--Secondary direct
                            antimicrobial food treatment and indirect
                            food contact surface sanitizing. Acidified
                            with citric acid only.
                           Alginates.
                           Ammonium bicarbonate--for use only as a
                            leavening agent.
                           Ammonium carbonate--for use only as a
                            leavening agent.
                           Ascorbic acid.
                           Calcium citrate.
                           Calcium hydroxide.
                           Calcium phosphates (monobasic, dibasic, and
                            tribasic).
                           Carbon dioxide.
                           Chlorine materials--disinfecting and
                            sanitizing food contact surfaces, Except,
                            That, residual chlorine levels in the water
                            shall not exceed the maximum residual
                            disinfectant limit under the Safe Drinking
                            Water Act (Calcium hypochlorite; Chlorine
                            dioxide; and Sodium hypochlorite).
                           Ethylene--allowed for postharvest ripening of
                            tropical fruit and degreening of citrus.
                           Ferrous sulfate--for iron enrichment or
                            fortification of foods when required by
                            regulation or recommended (independent
                            organization).
                           Glycerides (mono and di)--for use only in
                            drum drying of food.
                           Glycerin--produced by hydrolysis of fats and
                            oils.
                           Hydrogen peroxide.
                           Magnesium chloride--derived from sea water.
                           Magnesium stearate--for use only in
                            agricultural products labeled ``made with
                            organic (specified ingredients or food
                            group(s)),'' prohibited in agricultural
                            products labeled ``organic''.
                           Nutrient vitamins and minerals, in accordance
                            with 21 CFR 104.20, Nutritional Quality
                            Guidelines For Foods.
                           Ozone.
                           Phosphoric acid--cleaning of food-contact
                            surfaces and equipment only.
                           Potassium acid tartrate.
                           Potassium carbonate.
                           Potassium citrate.
                           Potassium phosphate--for use only in
                            agricultural products labeled ``made with
                            organic (specific ingredients or food
                            group(s)),'' prohibited in agricultural
                            products labeled ``organic''.
                           Sodium citrate.
                           Sodium hydroxide--prohibited for use in lye
                            peeling of fruits and vegetables.
                           Sodium phosphates--for use only in dairy
                            foods.
                           Sulfur dioxide--for use only in wine labeled
                            ``made with organic grapes,'' Provided,
                            That, total sulfite concentration does not
                            exceed 100 ppm.
                           Tocopherols--derived from vegetable oil when
                            rosemary extracts are not a suitable
                            alternative.
                           Xanthan gum.
------------------------------------------------------------------------
 Sec.   205.606 Nonorganically produced agricultural products allowed as
     ingredients in or on processed products labeled as ``organic.''
------------------------------------------------------------------------
Only the following nonorganically produced agricultural products may be
 used as ingredients in or on processed products labeled as ``organic,''
 only in accordance with any restrictions specified in this section, and
 only when the product is not commercially available in organic form.
------------------------------------------------------------------------
(a)......................  Casings, from processed intestines.
(b)......................  Celery powder.
(d)......................  Colors derived from agricultural products--
                            Must not be produced using synthetic
                            solvents and carrier systems or any
                            artificial preservative.
(1)......................  Beet juice extract color (pigment CAS #7659-
                            95-2).
(3)......................  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).
(4)......................  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).
(5)......................  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).
(6)......................  Carrot juice color (pigment CAS #1393-63-1).
(7)......................  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).
(8)......................  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).
(9)......................  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).
(10).....................  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).
(11).....................  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).
(12).....................  Paprika color (CAS #68917-78-2)--dried, and
                            oil extracted.
(13).....................  Pumpkin juice color (pigment CAS #127-40-2).
(14).....................  Purple potato juice (pigment CAS #'s: 528-58-
                            5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7,
                            and 134-04-3).
(15).....................  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.
(16).....................  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).
(17).....................  Saffron extract color (pigment CAS #1393-63-
                            1).
(18).....................  Turmeric extract color (CAS #458-37-7).
(f)......................  Fish oil (Fatty acid CAS #'s: 10417-94-4, and
                            25167-62-8)--stabilized with organic
                            ingredients or only with ingredients on the
                            National List, Sec.  Sec.   205.605 and
                            205.606.

[[Page 14425]]

 
(g)......................  Fructooligosaccharides (CAS # 308066-66-2).
(i)......................  Gelatin (CAS # 9000-70-8).
(j)......................  Gums--water extracted only (Arabic; Guar;
                            Locust bean; and Carob bean).
(l)......................  Kelp--for use only as a thickener and dietary
                            supplement.
(m)......................  Konjac flour (CAS # 37220-17-0).
(n)......................  Lecithin--de-oiled.
(p)......................  Orange pulp, dried.
(q)......................  Orange shellac-unbleached (CAS # 9000-59-3).
(r)......................  Pectin (non-amidated forms only).
(t)......................  Seaweed, Pacific kombu.
(u)......................  Starches.
(1)......................  Cornstarch (native).
(2)......................  Sweet potato starch--for bean thread
                            production only.
(x)......................  Wakame seaweed (Undaria pinnatifida).
------------------------------------------------------------------------


    Authority:  7 U.S.C. 6501-6522.

    Dated: March 15, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-05480 Filed 3-20-17; 8:45 am]
 BILLING CODE 3410-02-P