AMS No. 133-07

Joan Shaffer (202) 720-8998

joan.shaffer@usda.gov

Billy Cox (202) 720-8998

billy.cox@usda.gov

WASHINGTON, June 22, 2007 - The U.S. Department of Agriculture will publish an interim final rule that will amend USDA's National List of Allowed and Prohibited Substances (National List) to include 38 minor ingredients recommended by the National Organic Standards Board (NOSB) during meetings in May 2002 and March 2007. The interim final rule, which is effective as of June 21, 2007, will also provide a 60-day period for additional comment on the amendments.

The 38 minor ingredients contained in the interim final rule are non-organic, agricultural ingredients that may be considered for use in an “organic” processed product. A minor ingredient cannot comprise more than 5 percent of an “organic” product. Before an organic handling operation can consider using a non-organic, agricultural minor ingredient, the organic form of the ingredient must be first sourced and confirmed unavailable.

The NOSB recommendations to amend the National List with these 38 non-organic, agricultural minor ingredients are consistent with the Organic Foods Production Act of 1990, the National Organic Program (NOP) regulations, and the district court’s final judgment and order on Harvey v. Johanns, dated June 9, 2005. The district court’s final judgment and order clarified that § 205.606 shall be interpreted to permit the use of a non-organically produced agricultural product only when the product is listed in § 205.606, and when an accredited certifying agent determines the organic form of the agricultural product is not commercially available.

On May 15, 2007, AMS published proposed rule AMS-TM-07-0062 to add 38 minor ingredients to § 205.606 of the National List with a 7-day comment period. AMS received approximately 1,250 comments on the proposed rule, including comments expressing concern about the abbreviated comment period.

Under the interim final rule that AMS is publishing, organic businesses will be permitted to continue use of the 38 non-organic, agricultural minor ingredients while additional comments are sought over the 60-day comment period regarding the addition of these minor ingredients to § 205.606.

The interim final rule will appear in a future issue of the Federal Register and may be immediately accessed at the National Organic Program website www.ams.usda.gov/nop .

Interested persons may comment on the interim final rule:

• 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.

• By Internet: www.regulations.gov

Written comments on the interim final rule should be identified with the docket number AMS- TM-07-0062. Comments should identify the relevant topic and section number of the interim final rule.

All comments will be made available for viewing on the National Organic Program homepage at www.ams.usda.gov/nop or in person at USDA-AMS, Transportation and Marketing Programs, 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 Federal holidays). Persons wishing to visit the USDA South Building to view comments received in response to this proposed rule should make an appointment in advance by calling (202) 720-3252.

For further information, contact Robert Pooler, Agricultural Marketing Specialist; Telephone: 202-720-3252; or fax: (202) 205-7808.