AMS No. 259-10

Soo Kim (202) 720-8998

Soo.kim@ams.usda.gov

WASHINGTON, Jan. 4, 2011— The National Organic Program published a proposal to renew the listing of 12 substances which are currently allowed in the production and handling of organic foods.

The proposed rule would extend the exemptions for these substances on the U.S. Department of Agriculture National List of Allowed and Prohibited Substances (National List).

The 12 substances listed below were originally added to the National List on September 12, 2006, and as such have a sunset date of September 12, 2011. The amendments in this proposed rule reflect recommendations by the National Organic Standards Board (NOSB) from its November 5, 2009, and April 29, 2010, meetings and would renew exemptions for 12 substances on the National List, along with any restrictive annotations, to allow their continued use in organic production and handling. These substances include:

o Hydrogen chloride (CAS # 7647-01-0) for seed preparations. This product is used to eliminate lint from cotton seed, making it possible to mechanize planting.

o Ferric phosphate (CAS # 10045-86-0) as slug or snail bait.

o Egg white lysozyme (CAS # 9001-63-2), a natural anti-microbial. The food applications for egg white lysozyme include cheese and wine.

o L-Malic acid (CAS # 97-67-6). L-Malic acid is often used as a flavor enhancer, flavoring agent and adjuvant, and for pH control agent in a variety of foods.

o Microorganisms—any food-grade bacteria, fungi, and other microorganism. Microorganisms are essential for the production of many fermented foods.

o Activated charcoal (CAS #s 7440-44-0; 64365-11-3).

o Cyclohexylamine (CAS # 108-91-8) for use only as a boiler water additive for packaging sterilization.

o Diethylaminoethanol (CAS # 100-37-8) for use only as a boiler water additive for packaging sterilization.

o Octadecylamine (CAS # 124-30-1) for use only as a boiler water additive for packaging sterilization.

o Peracetic acid/Peroxyacetic acid (CAS # 79-21-0) for use in wash and/or rinse water according to FDA limitations as a sanitizer on food contact surfaces.

o Sodium acid pyrophosphate (CAS # 7758-16-9) for use only as a leavening agent. Sodium acid pyrophosphate is commonly found in baked goods.

o Tetrasodium pyrophosphate (CAS # 7722-88-5) for use only in meat analog products.

The NOSB, a federal advisory committee, is required to review the exemptions and prohibitions granted under the Organic Foods Production Act every five years through a sunset process. Based upon this review, the NOSB provides recommendations to the Secretary of Agriculture on whether substances should be allowed or prohibited in organic production and handling. Upon receipt of these recommendations, the Secretary may renew such exemptions and prohibitions through the rulemaking process. If substances are not renewed by their sunset date, they are no longer allowed in the production and handling of organic foods.

The USDA published an Advanced Notice of Proposed Rulemaking (ANPR) on March 14, 2008, to announce the review of the exemptions for these 12 substances. The USDA received 25 comments from producers, handlers, certifying agents, trade associations, organic associations, various industry groups, and a university in response to this ANPR. In addition, the NOSB received public comments concerning their pending sunset through the Federal Register and through written and oral testimony at meetings held in November 2009 and April 2010.

This proposed rule provides a 30-day period for interested persons to comment on the proposed amendments, ending Feb. 3, 2011. Written comments may be submitted online at www.regulations.gov (docket ID AMS_FRDOC_0001) or by mail to Toni Strother, Agricultural Marketing Specialist, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 20250. For further information, contact Melissa Bailey, Ph.D., Director, Standards Division via telephone at (202) 720-3252 or via fax at (202) 205-7808.

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