USDA has published an interim final rule amending the National List of allowed and Prohibited Substances to include 38 ingredients. The 38 ingredients proposed for addition to the National List were based on petitions from the industry and include natural colors like those from beets, blueberries and carrots, as well as ingredients or processing aids from agricultural products, such as fish oil, fructooligosaccharides, gelatin, rice starch and whey protein concentrate. A complete list of the ingredients in question is available in the published interim final rule.
Regulations specifically prohibit the use of any synthetic substance for organic production and handling unless the synthetic substance is on the National List. Any nonorganic agricultural, non-synthetic non-agricultural substance used in organic handling must also be on the National List.
Until recently, some producers, handlers and certifying agents have misinterpreted National List regulations to mean that any nonorganic agricultural product determined by an accredited certifying agent as not commercially available in organic form could be used in organic products, without being individually listed pursuant to the National List procedures. Therefore, the NOP published a notice and a final rule revising regulations to clarify that the section shall be interpreted to permit the use of a nonorganically produced agricultural product only when the product has been listed on the National List and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available.
The public will have 60 days to submit comment on this proposed final rule. Comments may be submitted by mail (to Robert Pooler, Agricultural Marketing Specialist, National Organic Program, USDA/AMS/TMP/NOP, 1400 Independence Avenue, SW, Room 4008-So., Ag Stop 0268, Washington, D.C. 20250) or via the Internet. Written comments on this interim final rule should be identified with the docket number AMS- TM-07-0062. Commenters should identify the topic and section number of this interim final rule to which the comment refers. Clearly indicate if you are for or against the interim final 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 interim final rule, submitted by the above procedures, will be available for viewing online. Comments submitted in response to this interim final rule will also be available for viewing in person at USDA-AMS, Transportation and Marketing, National Organic Program, Room 4008-South Building, 1400 Independence Avenue, SW, Washington, D.C., 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 interim final rule are requested to make an appointment in advance by calling 202/720-3252.
For further information contact: Robert Pooler, agricultural marketing specialist, National Organic Program, USDA/AMS/TM/NOP, Room 4008-So., Ag Stop 0268, 1400 Independence Avenue, SW., Washington, D.C. 20250; phone: 202/720-3252.
For complete details on the details of this interim final rule, see the USDA website.
