95-7470. Procedure To Submit Names of Substances for Evaluation for Inclusion in the National List To Be Included in the National Organic Program  

  • [Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
    [Notices]
    [Pages 15744-15745]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-7470]
    
    
    
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    Notices
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    This section of the FEDERAL REGISTER contains documents other than rules 
    or proposed rules that are applicable to the public. Notices of hearings 
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    Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / 
    Notices
    
    [[Page 15744]]
    
    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    [TM-94-00-4]
    
    
    Procedure To Submit Names of Substances for Evaluation for 
    Inclusion in the National List To Be Included in the National Organic 
    Program
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Notice.
    
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    SUMMARY: The Organic Foods Production Act of 1990, as amended (Act) (7 
    U.S.C. 6501 et. seq.), requires the establishment of a national organic 
    production program for producers and handlers of agricultural products 
    that have been produced using organic methods. The Act requires the 
    Secretary of Agriculture (Secretary) to establish a National List of 
    approved synthetic and prohibited natural substances that shall be 
    included in the standards for organic production and handling. The 
    National Organic Standards Board (NOSB), established by the Secretary, 
    is seeking applications (petitions) for substances to be considered for 
    inclusion on the National List. Petitions for substances for the 
    National List should be submitted by the date set forth below.
    
    DATES: Petitions should be received by close of business, May 26, 1995.
    
    ADDRESSES: Petitions should be sent to Michael Hankin, Senior Marketing 
    Specialist, USDA, Agricultural Marketing Service (AMS), Transportation 
    and Marketing Division (TMD), National Organic Program (NOP), Room 2510 
    South Building, P.O. Box 96456, Washington, DC 20090-6456.
    
    FOR FURTHER INFORMATION CONTACT: Ted Rogers, Marketing Specialist, 
    USDA, AMS, TMD, NOP, Room 2510 South Building, P.O. Box 96456, 
    Washington, DC 20090-6456. Phone 202/205-7804. Fax 202/205-7808.
    
    SUPPLEMENTARY INFORMATION: Organic production and handling involves 
    more than just the application or addition of certain acceptable 
    substances. The Act in section 2114 (7 U.S.C. 6513) requires producers 
    and handlers seeking certification under the Act to submit an organic 
    plan to the certifying agent and the State organic certification 
    program (if applicable). An organic plan is a plan of management of an 
    organic farming or handling operation that has been agreed to by the 
    producer or handler and the certifying agent that addresses all aspects 
    of agricultural production or handling described in the Act, including 
    crop rotation and other practices required under the Act.
        The Act in section 2112 (7 U.S.C. 6511) also requires producers and 
    handlers of certified organic operations to maintain records concerning 
    the production or handling of agricultural products sold or labeled as 
    organically produced under the Act. These records are to include 
    detailed histories of substances applied to fields or agricultural 
    products, the names and addresses of persons who applied the 
    substances, and the date, rate and method of application of such 
    substances. Livestock records shall include, but not be limited to, the 
    amount and source of medications administered and all feeds and feed 
    supplements bought and fed (section 2110 of the Act (7 U.S.C. 6509)).
        Further, the Act requires the Secretary to establish a National 
    List of approved synthetic and prohibited natural substances that shall 
    be included in the standards established for the organic production and 
    handling of agricultural products to be sold or labeled as organically 
    produced. The Act in section 2103(21) (7 U.S.C. 6502(21)) defines 
    synthetic as a substance that is formulated or manufactured by a 
    chemical process or by a process that chemically changes a substance 
    extracted from naturally occurring plant, animal, or mineral sources, 
    except that such term shall not apply to substances created by 
    naturally occurring biological processes.
        The Secretary in accordance with section 6518 of the Act (7 U.S.C. 
    6518) established a NOSB. The purpose of the NOSB is to assist in the 
    development of standards for substances to be used in organic 
    production and to advise the Secretary on any other aspects of 
    implementing the Act.
        The NOSB has initiated an evaluation of certain substances for 
    inclusion on the National List. The NOSB's list of substances was 
    generated from existing lists of established organic certification 
    agencies and from input received from various people and organizations, 
    including organic food processors and livestock producers. The 
    substances currently being considered have been referred, in accordance 
    with the Act, to technical advisors, selected by the NOSB, who will 
    provide the NOSB with relevant scientific information. Also, in 
    accordance with the Act, the NOSB will review information from the 
    Environmental Protection Agency, the National Institute of 
    Environmental Health Studies and other sources, as appropriate, in 
    regards to the potential adverse human and environmental effects of a 
    substance under consideration.
        Specifically, the NOSB will be considering:
        (1) The potential of such substances for detrimental chemical 
    interactions with other materials used in organic farming systems;
        (2) The toxicity and mode of action of the substance and of its 
    breakdown products or any contaminants, and their persistence and areas 
    of concentration in the environment;
        (3) The probability of environmental contamination during 
    manufacture, use, misuse or disposal of such substance;
        (4) The effect of the substance on human health;
        (5) The effects of the substance on biological and chemical 
    interactions in the agroecosystem, including the physiological effects 
    of the substance on soil organisms (including the salt index and 
    solubility of the soil), crops and livestock;
        (6) The alternatives to using the substance in terms of practices 
    or other available materials; and
        (7) Its compatibility with a system of sustainable agriculture.
        The results of the evaluations by the technical advisors will be 
    utilized by the NOSB in formulating its own evaluation reports. Both 
    the NOSB evaluations and those of the technical advisors will be 
    submitted to the Secretary along with the NOSB's recommended list of 
    substances. The [[Page 15745]] Secretary will consider the 
    recommendations of the NOSB. The Secretary will then determine what 
    substances should be proposed to be included in the National List and 
    will publish the proposed list for public comment prior to establishing 
    the National List.
        Once established, the National List may be amended. Proposed 
    additions to the National List will also be published for public 
    comment. Substances included in the National List will be reviewed by 
    the NOSB and the Secretary at least every 5 years.
    
    PURPOSE: The NOSB has made an extensive effort to review existing 
    organic certification organizations' lists of substances approved or 
    prohibited for organic production and handling. However, it is possible 
    that one or more substances currently appearing on these existing lists 
    have not been included in the groups of substances being evaluated at 
    this time by the technical advisors persons and the NOSB. In addition, 
    there may be other substances that should be evaluated for inclusion on 
    the National List which may be determined to be compatible with the 
    organic management system of agricultural production and processing.
        This Notice establishes the procedure by which interested parties 
    may petition the NOSB for the purpose of having a substance evaluated 
    for recommendation to the Secretary for inclusion as a permitted 
    synthetic or prohibited natural substance on the National List. Only 
    the names of generic, single, active ingredients should be submitted; 
    brand name products and formulations will not be evaluated or appear on 
    the National List.
        A request that a substance be evaluated, along with the following 
    information, is specifically requested.
    
    DETAILED INFORMATION:
    Substance name (generic or common name);
    Manufacturer's name, address, and phone, if different from the 
    petitioner;
    Area of intended use (crops, livestock, or handling/processing);
    Specific use of the substance within the area of intended use;
    Sources from which the substance is derived;
    Description of the manufacturing or processing procedures; and
    Summary of previous reviews by State or private organic certification 
    programs.
    
    REGULATORY INFORMATION (as applicable):
    EPA registration (include the registration number);
    Food and Drug Administration registration;
    State regulatory authority registration (include State registration 
    number);
    Chemical Abstract Service number or other product number; and
    Labels of products that contain the petitioned substance.
    
    SUPPLEMENTARY INFORMATION:
    Detailed findings relevant to the substance's: detrimental chemical 
    interactions with other materials used in organic farming; toxicity and 
    persistence in the environment; environmental contamination resulting 
    from its use and manufacture; effects on human health; and effects on 
    soil organisms, crops and livestock;
    Bibliographies;
    Material Safety Data Sheet;
    Information on the substance obtained from the National Institute of 
    Environmental Health Studies; and
    Information on whether all or part of any submission is believed to be 
    confidential commercial information, and if so, what parts, and the 
    basis for the belief it is confidential commercial information.
    
    JUSTIFICATION: If petitioning for approval of a synthetic substance, 
    state the reasons why the synthetic substance is necessary to the 
    production, processing or handling of the organic product;
        If the substance may be defined as synthetic, describe natural 
    substances or alternative cultural methods that could be utilized in 
    place of the synthetic substance; and summarize the beneficial effects 
    to the environment, human health, or farm ecosystem that might support 
    the use of the synthetic substance instead of the natural substances or 
    alternative cultural methods.
        If petitioning for prohibition of a natural substance, state the 
    reasons why the natural substance should not be permitted in the 
    production, processing or handling of the organic product.
        The information requested for petitioning for a substance to be 
    evaluated for inclusion on the National List should be completed as 
    fully as possible. Persons submitting petitions may be requested to 
    supply additional information.
        Persons wishing to submit a petition should send the request and 
    the information requested to: Michael Hankin, Senior Marketing 
    Specialist, USDA, AMS, TMD, NOP, Room 2510 South Building, PO Box 
    96456, Washington, DC 20090-6456.
    
        Authority: 7 U.S.C. 6501-6522.
    
        Dated: March 21, 1995.
    Lon Hatamiya,
    Administrator.
    [FR Doc. 95-7470 Filed 3-24-95; 8:45 am]
    BILLING CODE 3410-02-P
    
    

Document Information

Published:
03/27/1995
Department:
Agricultural Marketing Service
Entry Type:
Notice
Action:
Notice.
Document Number:
95-7470
Dates:
Petitions should be received by close of business, May 26, 1995.
Pages:
15744-15745 (2 pages)
Docket Numbers:
TM-94-00-4
PDF File:
95-7470.pdf