Michael T. Jarvis (202) 720-8998Michael.Jarvis@ams.usda.gov
WASHINGTON, Jan. 9, 2012—The U.S. Department of Agriculture will publish a proposed rule on January 12, 2012, under the National Organic Program (NOP) addressing the use of vitamins and minerals in organic foods and infant formula. The proposed rule aligns the organic standards with Food and Drug Administration (FDA) rules and provides a clear list of vitamins and minerals that are allowed in organic products. As a result, this will increase consumer confidence that organic foods are consistent both with FDA rules and the principles of organic production.
“Consumers expect that each substance allowed in organic products has met stringent criteria and has been recommended by the independent National Organic Standards Board,” said Miles McEvoy, deputy administrator of the National Organic Program. “The changes proposed would provide clear, enforceable standards for the use of vitamins and minerals in organic products.”
The proposed rule would correct an inaccurate reference to FDA’s fortification policy and clearly delineate that only vitamins and minerals the FDA has classified as essential are permitted in products labeled as “organic” or “made with organic (specified ingredients or food group(s)).” Additionally, since current USDA organic regulations do not cover infant formula, the proposed rule would allow essential vitamins and minerals as additives to organic infant formula.
Nutrients not covered under this proposed rule would be prohibited in organic products unless they are listed separately on the National List of Allowed and Prohibited Substances (National List). This section of the federal organic standards lists the non-organic ingredients and processing aids allowed in organic processed products. The proposed rule includes a two-year implementation period to allow companies to change their formulations to comply with the new requirements.
Additionally the National Organic Program will publish a proposed rule on January 12, 2012, that would renew the allowance or prohibition of the substances used in organic production and handling that are scheduled to expire later this year. The proposed rule would renew the listings for over 200 National List substances. Additionally, the allowance for seven substances would be clarified or restricted: chlorine materials (for use in crops and livestock production); lignin sulfonate (crops); streptomycin (crops); yeast (handling); colors (handling); hops (handling); and, pectin – high-methoxy (handling). Three allowances would be removed: sulfur dioxide (crops – underground rodent control); pectin – low-methoxy (handling); and, potassium iodide (handling).
Under the sunset provisions of the Organic Foods Production Act of 1990, the National Organic Standards Board (NOSB), an independent board of organic industry stakeholders, must review all National List substances. Each substance must meet several criteria, including consistency with organic agricultural systems, impact on the environment and human health, and essentiality in organic production and handling. The advisory board also considers natural alternatives to each National List substance. This advisory board must then recommend if each specific exemption or prohibition should be renewed for another five years.
The proposed rule to be published in the Federal Register on January 12, 2012, will reflect the recommendations of the NOSB. Most of the substances proposed to be renewed by this action have been on the National List since its inception in 1990 and have proven to meet the criteria established by law. For example, pheromones have long been used as an effective, non-toxic way to “confuse” insects that may otherwise infest organic crops, especially fruit. Likewise, vaccines for animals are important disease prevention tools against many infectious diseases, especially since antibiotic therapy is prohibited in organic livestock. The proposed renewals also include processing aids such as baking soda, which acts to lighten (leaven) the dough for organic pancakes, baked goods, and other products. This rule also proposes to renew long-standing prohibitions on certain toxic natural substances, such as strychnine.
The allowances proposed to be removed or restricted also reflect the application of the statutory criteria and the rigor of the sunset review process. “It’s an important feature of the National List that it can be dynamic over time in response to changing conditions and new information,” said McEvoy.
Sodium nitrate, which is currently allowed under restricted conditions in organic crop production, will undergo a separate rulemaking that considers the NOSB’s recommendation to prohibit its use altogether in organic crop production. This separate action will allow the NOP to further assess the potential industry impacts of such a change.
The proposed rule to be published January 12, 2012, on vitamins and minerals, along with additional background information, will be available at www.regulations.gov (search for docket number AMS-NOP-10-0083). The proposed sunset 2012 rule, along with additional background information, will be available at www.regulations.gov (search for docket number AMS-NOP-09-0074). Information on how to submit a comment will be included on the www.regulations.gov site along with dates for the comment period.
Interested persons should submit their comments at www.regulations.gov or mail them 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. All comments will be posted without change to www.regulations.gov.
The National List is a subpart of the USDA’s organic standards that identifies synthetic substances that may and nonsynthetic (natural) substances that may not be used in organic production. The Organic Foods Production Act of 1990 and National Organic Program regulations specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List.
The National Organic Program of the U.S. Department of Agriculture facilitates trade and ensures integrity of organic agricultural products by consistently implementing the organic standards and enforcing compliance with the regulations.
For further information about the proposed rule, contact Miles McEvoy, NOP Deputy Administrator, Telephone: (202) 720-3252; Fax: (202) 205-7808.
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