Editor's Note
In a notice published August 24, U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service announced the proposed removal of substances from the National List of Allowed and Prohibited Substances (the National List). The proposed removal of these substances follows recommendations from the National Organic Standards Board (NOSB), which reviews substances on the National List every five years to evaluate if they should be retained. Under the proposed change, the following synthetic substances would no longer be allowed in organic crop production:
 
  • Sucrose Octanoate Esters (crop production)
  • Vitamin B1 (crop production)
 
Additionally, the following nonorganic substances would no longer be allowed for use in or on processed organic products (referred to as organic “handling”):
 
  • Alginic acid
  • 8 colors (black currant juice color, blueberry juice color, carrot juice color, cherry juice color, grape juice color, paprika color, pumpkin juice color, turmeric extract color)
  • Kelp
  • Konjac flour
  • Sweet potato starch
  • Turkish bay leaves
  • Whey protein concentrate
 
Comments on the proposed removal of these substances from the National List will be accepted until October 25, 2021.
On December 21, 2000, the Secretary established the Agricultural Marketing Service's (AMS) National Organic Program and the USDA organic regulations (65 FR 80547). Within the USDA organic regulations (7 CFR part 205) is the National List of Allowed and Prohibited Substances (or “National List”). The National List identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may not be used in organic crop and livestock production. It also identifies the nonorganic substances that may be used in or on processed organic products (i.e., in organic “handling”).

To remain on the National List, substances must be: (1) Reviewed every five years by the NOSB, a 15-member Federal advisory committee; and (2) renewed by the Secretary (7 U.S.C. 6517(e)). This action of NOSB review and USDA renewal is commonly referred to as the “sunset review” or “sunset process.” AMS published information about this process in the Federal Register on September 16, 2013 (78 FR 56811). The sunset date (i.e., the date by which the Secretary must renew a substance for the listing to remain valid on the National List) for each substance is included in the NOP Program Handbook (document NOP 5611).

Through the course of the sunset review process for the substances below, the NOSB determined the substances are no longer necessary for organic production or handling or otherwise no longer comply with the criteria set forth in the Organic Foods Production Act at 7 U.S.C. 6518.

Based on recommendations submitted at the conclusion of the NOSB's sunset review process, AMS is proposing to amend the National List by removing the following synthetic substances currently allowed in organic crop and livestock production (7 CFR 205.601 and 205.603):

  • Sucrose Octanoate Esters (crop production)
  • Vitamin B1 (crop production)
  • Oxytocin (livestock production)
  • Procaine (livestock production)
  • Sucrose Octanoate Esters (livestock production)

Additionally, AMS is proposing to amend the National List by removing the following nonorganic ingredients currently allowed in organic handling (§§ 205.605 and 205.606):

  • Alginic acid
  • Colors (black currant juice color, blueberry juice color, carrot juice color, cherry juice color, grape juice color, paprika color, pumpkin juice color, turmeric extract color)
  • Kelp
  • Konjac flour
  • Sweet potato starch
  • Turkish bay leaves
  • Whey protein concentrate

The proposed removal of these substances from the National List addresses National Organic Standards Board (NOSB) recommendations submitted to the Secretary after the conclusion of the NOSB's public meetings on October 29, 2015; November 2, 2017; October 26, 2018; and October 30, 2020.
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