Current as of: February 2010 (a) In general
The Secretary shall establish a National List of approved and
prohibited substances that shall be included in the standards for
organic production and handling established under this chapter in
order for such products to be sold or labeled as organically
produced under this chapter.
(b) Content of list
The list established under subsection (a) of this section shall
contain an itemization, by specific use or application, of each
synthetic substance permitted under subsection (c)(1) of this
section or each natural substance prohibited under subsection
(c)(2) of this section.
(c) Guidelines for prohibitions or exemptions
(1) Exemption for prohibited substances in organic production and
handling operations
The National List may provide for the use of substances in an
organic farming or handling operation that are otherwise
prohibited under this chapter only if -
(A) the Secretary determines, in consultation with the
Secretary of Health and Human Services and the Administrator of
the Environmental Protection Agency, that the use of such
substances -
(i) would not be harmful to human health or the
environment;
(ii) is necessary to the production or handling of the
agricultural product because of the unavailability of wholly
natural substitute products; and
(iii) is consistent with organic farming and handling;
(B) the substance -
(i) is used in production and contains an active synthetic
ingredient in the following categories: copper and sulfur
compounds; toxins derived from bacteria; pheromones, soaps,
horticultural oils, fish emulsions, treated seed, vitamins
and minerals; livestock parasiticides and medicines and
production aids including netting, tree wraps and seals,
insect traps, sticky barriers, row covers, and equipment
cleansers; or
(ii) is used in production and contains synthetic inert
ingredients that are not classified by the Administrator of
the Environmental Protection Agency as inerts of
toxicological concern; and
(C) the specific exemption is developed using the procedures
described in subsection (d) of this section.
(2) Prohibition on the use of specific natural substances
The National List may prohibit the use of specific natural
substances in an organic farming or handling operation that are
otherwise allowed under this chapter only if -
(A) the Secretary determines, in consultation with the
Secretary of Health and Human Services and the Administrator of
the Environmental Protection Agency, that the use of such
substances -
(i) would be harmful to human health or the environment;
and
(ii) is inconsistent with organic farming or handling, and
the purposes of this chapter; and
(B) the specific prohibition is developed using the
procedures specified in subsection (d) of this section.
(d) Procedure for establishing National List
(1) In general
The National List established by the Secretary shall be based
upon a proposed national list or proposed amendments to the
National List developed by the National Organic Standards Board.
(2) No additions
The Secretary may not include exemptions for the use of
specific synthetic substances in the National List other than
those exemptions contained in the Proposed National List or
Proposed Amendments to the National List.
(3) Prohibited substances
In no instance shall the National List include any substance,
the presence of which in food has been prohibited by Federal
regulatory action.
(4) Notice and comment
Before establishing the National List or before making any
amendments to the National List, the Secretary shall publish the
Proposed National List or any Proposed Amendments to the National
List in the Federal Register and seek public comment on such
proposals. The Secretary shall include in such Notice any changes
to such proposed list or amendments recommended by the Secretary.
(5) Publication of National List
After evaluating all comments received concerning the Proposed
National List or Proposed Amendments to the National List, the
Secretary shall publish the final National List in the Federal
Register, along with a discussion of comments received.
(6) Expedited petitions for commercially unavailable organic
agricultural products constituting less than 5 percent of an
organic processed product
The Secretary may develop emergency procedures for designating
agricultural products that are commercially unavailable in
organic form for placement on the National List for a period of
time not to exceed 12 months.
(e) Sunset provision
No exemption or prohibition contained in the National List shall
be valid unless the National Organic Standards Board has reviewed
such exemption or prohibition as provided in this section within 5
years of such exemption or prohibition being adopted or reviewed
and the Secretary has renewed such exemption or prohibition.Legislative History Prev ________________________________________________________________________
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