27252

Proposed Rules Federal Register Vol. 72, No. 93

Tuesday, May 15, 2007

This section of the FEDERAL REGISTER portion of it and your reason for it. Until recently, producers, handlers contains notices to the public of the proposed Include recommendation changes as and certifying agents may have issuance of rules and regulations. The appropriate. misinterpreted National List regulations purpose of these notices is to give interested • § 205.606 to mean that any non-organic persons an opportunity to participate in the Include a copy of articles or other rule making prior to the adoption of the final references that support your comments. agricultural product which was rules. Only relevant material should be determined by an accredited certifying submitted. agent to be not commercially available All comments to this proposed rule, in organic form could be used in organic DEPARTMENT OF AGRICULTURE submitted by any procedure, will be products, without being individually available for viewing at: listed pursuant to the National List Agricultural Marketing Service www.regulations.gov. Comments procedures. In January 2005, the First submitted in response to this proposed Circuit Court of Appeal’s decision in 7 CFR Part 205 rule will also be available for viewing in Harvey v. Johanns found that such an [Docket No. AMS–TM–07–0062; TM–07–06] person at USDA–AMS, Transportation interpretation is contrary to the plain and Marketing, National Organic meaning of the OFPA and held that 7 RIN 0581–AC71 Program, Room 4008-South Building, CFR 205.606 shall not be interpreted to National Organic Program (NOP)— 1400 Independence Ave., SW., create a blanket exemption to the Proposed Amendments to the National Washington, DC, from 9 a.m. to 12 noon National List requirements specified in List of Allowed and Prohibited and from 1 p.m. to 4 p.m., Monday §§ 6517 and 6518 of the OFPA (7 U.S.C. Substances (Processing) through Friday, (except on official 6517–6518). Thereafter, consistent with Federal holidays). Persons wanting to the district court’s final judgment and AGENCY: Agricultural Marketing Service, view comments received in response to order, dated June 9, 2005, on July 1, USDA. this proposed rule are requested to make 2005, the NOP published a notice ACTION: Proposed rule. an appointment in advance by calling regarding § 205.606 (70 FR 38090), and (202) 720–3252. on June 7, 2006, published a final rule SUMMARY: This proposed rule proposes (71 FR 32803) revising § 205.606 to to amend the Department of FOR FURTHER INFORMATION CONTACT: Robert Pooler, Agricultural Marketing clarify that the section shall be Agriculture’s (USDA) National List of interpreted to permit the use of a non- Allowed and Prohibited Substances Specialist or Valerie Frances, NOSB Executive Director, National Organic organically produced agricultural (National List) regulations to enact product only when the product has been recommendations submitted to the Program, USDA/AMS/TM/NOP, Room 4008-So., Ag Stop 0268, 1400 listed in § 205.606 pursuant to National Secretary of Agriculture (Secretary) by List procedures, and when an accredited the National Organic Standards Board Independence Ave., SW., Washington, DC 20250. Phone: (202) 720–3252. certifying agent has determined that the (NOSB) during public meetings held organic form of the agricultural product SUPPLEMENTARY INFORMATION: May 6–8, 2002, in Austin, Texas, and is not commercially available. As a March 27–29, 2007, in Washington, DC. I. Background result, any non-organic agricultural Consistent with the NOSB substances that are being used in recommendations, this proposed rule The Organic Foods Production Act of organic products that are not proposes to add 38 substances, along 1990 (OFPA), as amended, (7 U.S.C. specifically listed in § 205.606 pursuant with any restrictive annotations, to the 6501 et seq.), authorizes the to National List procedures will render National List regulations. establishment of the NOP regulations. currently certified products in non- On December 21, 2000, the Secretary DATES: Comments must be received by compliance when the district court’s established, within the NOP (7 CFR part May 22, 2007. final order and judgment on Harvey v. 205), the National List regulations ADDRESSES: Interested persons may Johanns becomes fully effective on June §§ 205.600 through 205.607. This comment on this proposed rule using 9, 2007. any of the following procedures: National List identifies the synthetic • Mail: Comments may be submitted substances that may be used and the Under the authority of OFPA and the by mail to Robert Pooler, Agricultural non-synthetic substances that may not NOP regulations, the National List can Marketing Specialist, National Organic be used in organic production. The be amended by the Secretary based Program, USDA/AMS/TMP/NOP, 1400 National List also identifies synthetic, upon proposed amendments developed Independence Ave., SW., Room 4008- non-synthetic and non-organic by the NOSB through the National List So., Ag Stop 0268, Washington, DC substances that may be used in organic petition process. This proposed rule 20250. handling. The OFPA and NOP proposes to amend the National List • Internet: www.regulations.gov. regulations, in § 205.105, specifically regulations to enact recommendations • Written comments on this proposed prohibit the use of any synthetic submitted to the Secretary by the NOSB rule should be identified with the substance for organic production and during public meetings held May 6–8, docket number AMS–TM–07–0062. handling unless the synthetic substance 2002, and March 27–29, 2007. In these Commenters should identify the topic is on the National List. Section 205.105 time periods, the NOSB has and section number of this proposed also requires that any non-organic, non- recommended that the Secretary add 38 rule to which the comment refers. synthetic substance used in organic substances to § 205.606, along with any • Clearly indicate if you are for or handling must also be on the National restrictive annotations, to the National against the proposed rule or some List. List regulations.

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A 7-day comment period has been extracts containing Carotenoids are heat In this open meeting, the NOSB deemed appropriate to allow interested and light sensitive, but also display evaluated beet juice extract color against persons to respond to this proposed antioxidant properties that may be evaluation criteria established by 7 rule. Seven days is deemed appropriate beneficial to human health. U.S.C. 6517 and 6518 of the OFPA and because under the NOP regulations (7 At its March 27–29, 2007, meeting in NOP criteria (72 FR 2167) on CFR part 205.606) the allowed use of Washington, DC, the NOSB commercial availability, received public these 38 substances, pursuant to the recommended adding annatto extract comment, and concluded that beet juice district court’s final order and judgment color to the National List for use in extract color is consistent with OFPA on Harvey v. Johanns, will expire on organic handling as a non-organic evaluation criteria and NOP commercial June 9, 2007. A 7-day comment period agricultural ingredient when the organic availability criteria. Therefore, in will help avoid lapses in the eligibility form of annatto extract color is response to the NOSB recommendation of the petitioned substances to be used considered commercially unavailable. regarding the use of beet juice extract in organic handling. Additionally, In this open meeting, the NOSB color in organic handling, the Secretary interested persons have already been evaluated annatto extract color against proposes to amend § 205.606 of the provided with 30 days of public evaluation criteria established by 7 National List regulations to allow beet comment on these 38 substances in U.S.C. 6517 and 6518 of the OFPA and juice extract color as a non-organically advance of the NOSB meetings held NOP criteria (72 FR 2167) on produced agricultural product allowed May 6–8, 2002, and March 27–29, 2007. commercial availability, received public as an ingredient in or on processed The NOSB considered these comments comment, and concluded that annatto products labeled as ‘‘organic.’’ during their reviews and concluded that extract color is consistent with OFPA Beta-Carotene extract color from the petitioners had provided sufficient evaluation criteria and NOP commercial carrots (CAS #1393–63–1). Beta- evidence for adding these 38 substances availability criteria. Therefore, in Carotene extract color was petitioned for to the National List. Final rulemaking to response to the NOSB recommendation use as a non-organic agricultural allow the use of these 38 petitioned regarding the use of annatto extract ingredient in or on processed products substances, if adopted, should be color in organic handling, the Secretary labeled as ‘‘organic.’’ Beta-Carotene completed before June 9, 2007. Any proposes to amend § 205.606 of the extract color is used as a natural color comments that are received timely will National List regulations to allow additive in a variety of foods. Its use as be considered before final annatto extract color as a non- a color additive in food products is determinations are made on these organically produced agricultural regulated by FDA (21 CFR 73.95). product allowed as an ingredient in or petitioned substances. Depending on the concentration used, on processed products labeled as Beta-Carotene extract color adds a deep II. Overview of Proposed Amendments ‘‘organic.’’ orange to light yellow color to foods. The following provides an overview Beet juice extract color, (pigment CAS Beta-Carotene extract color is a liquid of the proposed amendments to #7659–95–2). Beet juice extract color derived from carrots (Apiaceae daucus designated sections of the National List was petitioned for use as a non-organic carota) through physical extraction in regulations. agricultural ingredient in or on processed products labeled as vegetable oil. The final extract product Section 205.606 Nonorganically ‘‘organic.’’ Beet juice extract color is is a dark orange viscous concentrate. Produced Agricultural Products Allowed used as a natural color additive in a The major pigments in Beta-Carotene as Ingredients in or on Processed variety of foods. Its use as a color extract color are Carotenoids. Products Labeled as ‘‘Organic’’ additive in food products is regulated by At its March 27–29, 2007, meeting in This proposed rule would amend FDA (21 CFR 73.40). Depending on the Washington, DC, the NOSB § 205.606 of the National List beet source, concentration used and pH, recommended adding Beta-Carotene regulations by adding the following beet juice extract color adds a yellow, extract color from carrots to the National substances: red or pink color to foods. Beet juice List for use in organic handling as a extract color is a liquid derived from non-organic agricultural ingredient Color Ingredients From Agricultural beets (Amaranthaceae beta vulgaris) when the organic form of Beta-Carotene Products through aqueous and physical extract color is considered commercially Annatto extract color, (pigment CAS extraction. Powder forms are derived unavailable. In this open meeting, the #1393–63–1). Annatto extract color was from drying extracts. The principle NOSB evaluated Beta-Carotene extract petitioned for use as a non-organic pigment in beet juice extract color is color against evaluation criteria agricultural ingredient in or on Betanin or beetroot red. This pigment is established by 7 U.S.C. 6517 and 6518 processed products labeled as grouped in a class of pigments known of the OFPA and NOP criteria (72 FR ‘‘organic.’’ Annatto extract color is used as Betalains. These pigments are soluble 2167) on commercial availability, as a natural color additive in a variety in water, insoluble in ethanol, and are received public comment, and of foods. Its use as a color additive in found only in a few plant families. concluded that Beta-Carotene extract food products is regulated by the Food Betalain pigments are well suited for color is consistent with OFPA and Drug Administration (FDA) (21 CFR use in low acid foods, complement evaluation criteria and NOP commercial 73.30). Depending on the concentration Anthocyanin pigments in food coloring, availability criteria. Therefore, in used, annatto extract color adds a deep and may have antioxidant capability response to the NOSB recommendation orange to light yellow color to foods. that may be beneficial to human health. regarding the use of Beta-Carotene Annatto extract color is a liquid derived At its March 27–29, 2007, meeting in extract color in organic handling, the from physical or oil extraction of Washington, DC, the NOSB Secretary proposes to amend § 205.606 annatto seeds (Bixaceae bixa orellana). recommended adding beet juice extract of the National List regulations to allow The major pigments in annatto extract color to the National List for use in Beta-Carotene extract color from carrots color are classified as Carotenoids organic handling as a non-organic as a non-organically produced which are insoluble in water, partially agricultural ingredient when the organic agricultural product allowed as an soluble in ethanol, and soluble in form of beet juice extract color is ingredient in or on processed products vegetable oils. Fruit and vegetable considered commercially unavailable. labeled as ‘‘organic.’’

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Black currant juice color (pigment organic agricultural ingredient in or on organic handling as a non-organic CAS #’s: 528–58–5, 528–53–0, 643–84– processed products labeled as agricultural ingredient when the organic 5, 134–01–0, 1429–30–7, and 134–04– ‘‘organic.’’ Black/Purple carrot juice form of Blueberry juice color is 3). Black currant juice color was color is used as a natural color additive considered commercially unavailable. petitioned for use as a non-organic in a variety of foods. Its use as a color In this open meeting, the NOSB agricultural ingredient in or on additive in food products is regulated by evaluated Blueberry juice color against processed products labeled as FDA (21 CFR 73.300). Depending on the evaluation criteria established by 7 ‘‘organic.’’ Black currant juice color is concentration used, black/purple carrot U.S.C. 6517 and 6518 of the OFPA and used as a natural color additive in a juice color adds a deep blue-purple- NOP criteria (72 FR 2167) on variety of foods. Its use as a color black color to foods. Black/Purple carrot commercial availability, received public additive in food products is regulated by juice color is a liquid extract derived comment, and concluded that Blueberry FDA (21 CFR 73.250). Depending on the from black or purple carrots (Apiaceae juice color is consistent with OFPA concentration used, Black currant juice daucus carota) through aqueous and evaluation criteria and NOP commercial color adds a bright red to blue-purple physical extraction. Powder forms are availability criteria. Therefore, in color to foods. Black currant juice color derived from drying extracts. The response to the NOSB recommendation is a liquid derived from black currant pigments in black/purple carrot juice regarding the use of Blueberry juice fruit (Grossulariaceae ribes nigrum) color are water soluble Anthocyanins. color in organic handling, the Secretary through aqueous and physical At its March 27–29, 2007, meeting in proposes to amend § 205.606 of the extraction. Powder forms are derived Washington, DC, the NOSB National List regulations to allow from drying extracts. The major recommended adding black/purple Blueberry juice color as a non- pigments in Black currant juice color are carrot juice color to the National List for organically produced agricultural classified as Anthocyanins which are use in organic handling as a non-organic product allowed as an ingredient in or soluble in water. Anthocyanins are agricultural ingredient when the organic on processed products labeled as polyphenolic natural pigments that are form of black/purple carrot juice color is ‘‘organic.’’ present in many plant species and considered commercially unavailable. Carrot juice color, (pigment CAS frequently occur as glycosides in In this open meeting, the NOSB #1393–63–1). Carrot juice color was various combinations that produce evaluated black/purple carrot juice color petitioned for use as a non-organic colors such as orange, red, blue or against evaluation criteria established agricultural ingredient in or on purple. Fruit and vegetable extracts by 7 U.S.C. 6517 and 6518 of the OFPA processed products labeled as and NOP criteria (72 FR 2167) on containing Anthocyanins are usually ‘‘organic.’’ Carrot juice color is used as commercial availability, received public stable to UV light and temperature, but a natural color additive in a variety of comment, and concluded that black/ are sensitive to the presence of oxygen foods. Its use as a color additive in food purple carrot juice color is consistent or metal ions such as iron or aluminum. products is regulated by FDA (21 CFR with OFPA evaluation criteria and NOP Anthocyanin pigments may have 73.300). Depending on the commercial availability criteria. increased color intensity and stability in concentration used, Carrot juice color Therefore, in response to the NOSB moderately acidic solutions. adds a deep organic to light yellow color At its March 27–29, 2007, meeting in recommendation regarding the use of to foods. Carrot juice color is a liquid Washington, DC, the NOSB black/purple carrot juice color in derived from carrots (Apiaceae daucus recommended adding Black currant organic handling, the Secretary juice color to the National List for use proposes to amend § 205.606 of the carota) through physical extraction. The in organic handling as a non-organic National List regulations to allow black/ major pigments in Carrot juice color are agricultural ingredient when the organic purple carrot juice color as a non- Carotenoids. form of Black currant juice color is organically produced agricultural At its March 27–29, 2007, meeting in considered commercially unavailable. product allowed as an ingredient in or Washington, DC, the NOSB In this open meeting, the NOSB on processed products labeled as recommended adding Carrot juice color evaluated Black currant juice color ‘‘organic.’’ to the National List for use in organic against evaluation criteria established Blueberry juice color (pigment CAS handling as a non-organic agricultural by 7 U.S.C. 6517 and 6518 of the OFPA #’s: 528–58–5, 528–53–0, 643–84–5, ingredient when the organic form of and NOP criteria (72 FR 2167) on 134–01–0, 1429–30–7, and 134–04–3). Carrot juice color is considered commercial availability, received public Blueberry juice color was petitioned for commercially unavailable. In this open comment, and concluded that Black use as a non-organic agricultural meeting, the NOSB evaluated Carrot currant juice color is consistent with ingredient in or on processed products juice color against evaluation criteria OFPA evaluation criteria and NOP labeled as ‘‘organic.’’ Blueberry juice established by 7 U.S.C. 6517 and 6518 commercial availability criteria. color is used as a natural color additive of the OFPA and NOP criteria (72 FR Therefore, in response to the NOSB in a variety of foods. Its use as a color 2167) on commercial availability, recommendation regarding the use of additive in food products is regulated by received public comment, and Black currant juice color in organic FDA (21 CFR 73.250). Depending on the concluded that Carrot juice color is handling, the Secretary proposes to concentration used, Blueberry juice consistent with OFPA evaluation amend § 205.606 of the National List color adds a blue to red color to foods. criteria and NOP commercial regulations to allow Black currant juice Blueberry juice color is a liquid derived availability criteria. Therefore, in color as a non-organically produced from blueberry fruit (Vaccinium response to the NOSB recommendation agricultural product allowed as an cyanococcus) through physical regarding the use of Carrot juice color in ingredient in or on processed products extraction. The major pigments in organic handling, the Secretary labeled as ‘‘organic.’’ Blueberry juice color are water soluble proposes to amend § 205.606 of the Black/Purple carrot juice color Anthocyanins. National List regulations to allow Carrot (pigment CAS #’s: 528–58–5, 528–53–0, At its March 27–29, 2007, meeting in juice color as a non-organically 643–84–5, 134–01–0, 1429–30–7, and Washington, DC, the NOSB produced agricultural product allowed 134–04–3). Black/Purple carrot juice recommended adding Blueberry juice as an ingredient in or on processed color was petitioned for use as a non- color to the National List for use in products labeled as ‘‘organic.’’

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Cherry juice color, (pigment CAS #’s: At its March 27–29, 2007, meeting in handling, the Secretary proposes to 528–58–5, 528–53–0, 643–84–5, 134– Washington, DC, the NOSB amend § 205.606 of the National List 01–0, 1429–30–7, and 134–04–3). recommended adding chokeberry— regulations to allow elderberry juice Cherry juice color was petitioned for use aronia juice color to the National List for color as a non-organically produced as a non-organic agricultural ingredient use in organic handling as a non-organic agricultural product allowed as an in or on processed products labeled as agricultural ingredient when the organic ingredient in or on processed products ‘‘organic.’’ Cherry juice color is used as form of chokeberry—aronia juice color labeled as ‘‘organic.’’ a natural color additive in a variety of is considered commercially unavailable. Grape juice color (pigment CAS #’s: foods. Its use as a color additive in food In this open meeting, the NOSB 528–58–5, 528–53–0, 643–84–5, 134– products is regulated by FDA (21 CFR evaluated chokeberry—aronia juice 01–0, 1429–30–7, and 134–04–3). Grape 73.250). Depending on the color against evaluation criteria juice Color was petitioned for use as a concentration used and solution pH, established by 7 U.S.C. 6517 and 6518 non-organic agricultural ingredient in or cherry juice color adds a pink to blue- of the OFPA and NOP criteria (72 FR on processed products labeled as red color to foods. Cherry juice color is 2167) on commercial availability, ‘‘organic.’’ Grape juice color is used as a liquid derived from cherry fruit received public comment, and a natural color additive in a variety of (Prunus cerasus L.) through aqueous concluded that chokeberry—aronia juice foods. Its use as a color additive in food and physical extraction. The major color is consistent with OFPA products is regulated by FDA (21 CFR pigments in Cherry juice color are water evaluation criteria and NOP commercial 73.169). Depending on the soluble Anthocyanins. availability criteria. Therefore, in concentration used, grape juice color At its March 27–29, 2007, meeting in response to the NOSB recommendation adds a bright pink to deep red color to Washington, DC, the NOSB regarding the use of chokeberry—aronia foods. Grape juice color is a liquid recommended adding cherry juice color juice color in organic handling, the derived from grape fruit (Vitaceae vitis to the National List for use in organic Secretary proposes to amend § 205.606 vinifera) through aqueous and physical handling as a non-organic agricultural of the National List regulations to allow extraction. The major pigments in grape ingredient when the organic form of chokeberry—aronia juice color as a non- juice color are Anthocyanins. cherry juice color is considered organically produced agricultural At its March 27–29, 2007, meeting in commercially unavailable. In this open product allowed as an ingredient in or Washington, DC, the NOSB meeting, the NOSB evaluated cherry on processed products labeled as recommended adding grape juice color juice color against evaluation criteria ‘‘organic.’’ to the National List for use in organic established by 7 U.S.C. 6517 and 6518 Elderberry juice color (pigment CAS handling as a non-organic agricultural of the OFPA and NOP criteria (72 FR #’s: 528–58–5, 528–53–0, 643–84–5, ingredient when the organic form of 2167) on commercial availability, 134–01–0, 1429–30–7, and 134–04–3). grape juice color is considered received public comment, and Elderberry juice color was petitioned for commercially unavailable. In this open concluded that cherry juice color is use as a non-organic agricultural meeting, the NOSB evaluated grape consistent with OFPA evaluation ingredient in or on processed products juice color against evaluation criteria criteria and NOP commercial labeled as ‘‘organic.’’ Elderberry juice established by 7 U.S.C. 6517 and 6518 availability criteria. Therefore, in color is used as a natural color additive of the OFPA and NOP criteria (72 FR response to the NOSB recommendation in a variety of foods. Its use as a color 2167) on commercial availability, regarding the use of cherry juice color additive in food products is regulated by received public comment, and in organic handling, the Secretary FDA (21 CFR 73.250). Depending on the concluded that grape juice color is proposes to amend § 205.606 of the concentration used, elderberry juice consistent with OFPA evaluation National List regulations to allow cherry color adds a bright red to blue-purple criteria and NOP commercial juice color as a non-organically color to foods. Elderberry juice color is availability criteria. Therefore, in produced agricultural product allowed a liquid derived from elderberry fruit response to the NOSB recommendation as an ingredient in or on processed (Adoxaceae sambucus nigra) through regarding the use of grape juice color in products labeled as ‘‘organic.’’ aqueous and physical extraction. The organic handling, the Secretary Chokeberry—Aronia juice color major pigments in elderberry juice color proposes to amend § 205.606 of the (pigment CAS #’s: 528–58–5, 528–53–0, are Anthocyanins. National List regulations to allow grape 643–84–5, 134–01–0, 1429–30–7, and At its March 27–29, 2007, meeting in juice color as a non-organically 134–04–3). Chokeberry—Aronia juice Washington, DC, the NOSB produced agricultural product allowed color was petitioned for use as a non- recommended adding elderberry juice as an ingredient in or on processed organic agricultural ingredient in or on color to the National List for use in products labeled as ‘‘organic.’’ processed products labeled as organic handling as a non-organic Grape skin extract color (pigment CAS ‘‘organic.’’ Chokeberry—Aronia juice agricultural ingredient when the organic #’s: 528–58–5, 528–53–0, 643–84–5, color is used as a natural color additive form of elderberry juice color is 134–01–0, 1429–30–7, and 134–04–3). in a variety of foods. Its use as a color considered commercially unavailable. Grape skin extract color was petitioned additive in food products is regulated by In this open meeting, the NOSB for use as a non-organic agricultural FDA (21 CFR 73.250). Depending on the evaluated elderberry juice color against ingredient in or on processed products concentration used, chokeberry—aronia evaluation criteria established by 7 labeled as ‘‘organic.’’ Grape skin extract juice color adds a bright red to blue- U.S.C. 6517 and 6518 of the OFPA and color is used as a natural color additive purple color to foods. Chokeberry— NOP criteria (72 FR 2167) on in a variety of foods. Its use as a color aronia juice color is a liquid derived commercial availability, received public additive in food products is regulated by from the chokeberry fruit comment, and concluded that FDA (21 CFR 73.170). Depending on the (Grossulariaceae ribes nigrum) through elderberry juice color is consistent with concentration used, grape skin extract aqueous and physical extraction. OFPA evaluation criteria and NOP color adds a pink to deep purple color Powder forms are derived from drying commercial availability criteria. to foods. Grape skin extract color is a extracts. The major pigments in Therefore, in response to the NOSB liquid derived from grape fruit (Vitaceae chokeberry—aronia juice color are recommendation regarding the use of vitis vinifera) through aqueous and Anthocynanins. elderberry juice color in organic physical extraction. Powder forms are

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derived from drying extracts. The major powder and vegetable oil extract, is ‘‘organic.’’ Purple potato juice color is pigments in grape skin extract color are consistent with OFPA evaluation used as a natural color additive in a Anthocyanins. criteria and NOP commercial variety of foods. Its use as a color At its March 27–29, 2007, meeting in availability criteria. Therefore, in additive in food products is regulated by Washington, DC, the NOSB response to the NOSB recommendation FDA (21 CFR 73.260). Depending on recommended adding grape skin extract regarding the use of paprika color, dried solution pH and the concentration used, color to the National List for use in powder and vegetable oil extract, in Purple potato juice color adds a pink to organic handling as a non-organic organic handling, the Secretary purple color to foods. Purple potato agricultural ingredient when the organic proposes to amend § 205.606 of the juice color is a liquid derived from form of grape skin extract color is National List regulations to allow purple potatoes (Ipomoea batatas L.) considered commercially unavailable. paprika color, dried powder and through aqueous and physical In this open meeting, the NOSB vegetable oil extract, as a non- extraction. Powder forms are derived evaluated grape skin extract color organically produced agricultural from drying extracts. The major against evaluation criteria established product allowed as an ingredient in or pigments in purple potato juice color by 7 U.S.C. 6517 and 6518 of the OFPA on processed products labeled as are Anthocyanins. and NOP criteria (72 FR 2167) on ‘‘organic.’’ At its March 27–29, 2007, meeting in commercial availability, received public Pumpkin juice color, (pigment CAS Washington, DC, the NOSB comment, and concluded that grape #127–40–2). Pumpkin juice color was recommended adding purple potato skin extract color is consistent with petitioned for use as a non-organic juice color to the National List for use OFPA evaluation criteria and NOP agricultural ingredient in or on in organic handling as a non-organic commercial availability criteria. processed products labeled as agricultural ingredient when the organic Therefore, in response to the NOSB ‘‘organic.’’ Pumpkin juice color is used form of purple potato juice color is recommendation regarding the use of as a natural color additive in a variety considered commercially unavailable. grape skin extract color in organic of foods. Its use as a color additive in In this open meeting, the NOSB handling, the Secretary proposes to food products is regulated by FDA (21 evaluated purple potato juice color amend § 205.606 of the National List CFR 73.250). Depending on the against evaluation criteria established regulations to allow grape skin extract concentration used, pumpkin juice color by 7 U.S.C. 6517 and 6518 of the OFPA color as a non-organically produced adds a yellow to orange red color to and NOP criteria (72 FR 2167) on agricultural product allowed as an foods. Pumpkin juice color is a liquid commercial availability, received public ingredient in or on processed products derived from pumpkin fruit (Concurbita comment, and concluded that purple labeled as ‘‘organic.’’ L.) through physical extraction and potato juice color is consistent with Paprika color—dried powder and effluent concentration. The major OFPA evaluation criteria and NOP vegetable oil extract, (CAS #68917–78– pigments in pumpkin juice color are commercial availability criteria. 2). Paprika color was petitioned for use Carotenoids. Therefore, in response to the NOSB as a non-organic agricultural ingredient At its March 27–29, 2007, meeting in recommendation regarding the use of in or on processed products labeled as Washington, DC, the NOSB purple potato juice color in organic ‘‘organic.’’ Paprika color is used as a recommended adding pumpkin juice handling, the Secretary proposes to natural color additive in a variety of color to the National List for use in amend § 205.606 of the National List foods. Its use as a color additive in food organic handling as a non-organic regulations to allow purple potato juice products is regulated by FDA (21 CFR agricultural ingredient when the organic color as a non-organically produced 73.340 and 73.345). Depending on the form of pumpkin juice color is agricultural product allowed as an concentration used, Paprika color adds considered commercially unavailable. ingredient in or on processed products a yellow orange to red orange color to In this open meeting, the NOSB labeled as ‘‘organic.’’ foods. Paprika color is a ground dried evaluated pumpkin juice color against Red cabbage extract color (pigment powder or vegetable oil extracted liquid evaluation criteria established by 7 CAS #’s: 528–58–5, 528–53–0, 643–84– derived from Capsicium peppers U.S.C. 6517 and 6518 of the OFPA and 5, 134–01–0, 1429–30–7, and 134–04– (Capsicum annuum L.). The principle NOP criteria (72 FR 2167) on 3). Red cabbage extract color was coloring components of paprika color commercial availability, received public petitioned for use as a non-organic are considered to be Carotenoids that comment, and concluded that pumpkin agricultural ingredient in or on are identified as Capsanthgin and juice color is consistent with OFPA processed products labeled as Capsorubin. evaluation criteria and NOP commercial ‘‘organic.’’ Red cabbage extract color is At its March 27–29, 2007, meeting in availability criteria. Therefore, in used as a natural color additive in a Washington, DC, the NOSB response to the NOSB recommendation variety of foods. Its use as a color recommended adding paprika color, regarding the use of pumpkin juice color additive in food products is regulated by dried powder and vegetable oil extract, in organic handling, the Secretary FDA (21 CFR 73.260). Depending on the to the National List for use in organic proposes to amend § 205.606 of the concentration used, red cabbage extract handling as a non-organic agricultural National List regulations to allow color adds a red or pink color to foods. ingredient when the organic form of pumpkin juice color as a non- Red cabbage extract color is a liquid paprika color, dried powder and organically produced agricultural derived from red cabbage (Brassicadeae vegetable oil extract, is considered product allowed as an ingredient in or brissica oleracea) through aqueous and commercially unavailable. In this open on processed products labeled as physical extraction. Powder forms are meeting, the NOSB evaluated paprika ‘‘organic.’’ derived from drying extracts. The major color, dried powder and vegetable oil Purple potato juice color, (pigment pigments in red cabbage extract color extract, against evaluation criteria CAS #’s: 528–58–5, 528–53–0, 643–84– are Anthocyanins. established by 7 U.S.C. 6517 and 6518 5, 134–01–0, 1429–30–7, and 134–04– At its March 27–29, 2007, meeting in of the OFPA and NOP criteria (72 FR 3). Purple potato juice color was Washington, DC, the NOSB 2167) on commercial availability, petitioned for use as a non-organic recommended adding red cabbage received public comment, and agricultural ingredient in or on extract color to the National List for use concluded that paprika color, dried processed products labeled as in organic handling as a non-organic

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agricultural ingredient when the organic as an ingredient in or on processed recommended adding turmeric extract form of red cabbage extract color is products labeled as ‘‘organic.’’ color to the National List for use in considered commercially unavailable. Saffron extract color (pigment CAS organic handling as a non-organic In this open meeting, the NOSB #1393–63–1). Saffron extract color was agricultural ingredient when the organic evaluated red cabbage extract color petitioned for use as a non-organic form of turmeric extract color is against evaluation criteria established agricultural ingredient in or on considered commercially unavailable. by 7 U.S.C. 6517 and 6518 of the OFPA processed products labeled as In this open meeting, the NOSB and NOP criteria (72 FR 2167) on ‘‘organic.’’ Saffron extract color is used evaluated turmeric extract color against commercial availability, received public as a natural color additive in a variety evaluation criteria established by 7 comment, and concluded that Red of foods. Its use as a color additive in U.S.C. 6517 and 6518 of the OFPA and cabbage extract color is consistent with food products is regulated by FDA (21 NOP criteria (72 FR 2167) on OFPA evaluation criteria and NOP CFR 73.500). Depending on the commercial availability, received public commercial availability criteria. concentration used, saffron extract color comment, and concluded that turmeric Therefore, in response to the NOSB adds a bright yellow to orange color to extract color is consistent with OFPA recommendation regarding the use of foods. Saffron extract color is a powder evaluation criteria and NOP commercial red cabbage extract color in organic derived from stigmas of the Autumn availability criteria. Therefore, in handling, the Secretary proposes to Crocus blossoms (Crocus sativus) that response to the NOSB recommendation amend § 205.606 of the National List are dried and ground. The predominant regarding the use of turmeric extract regulations to allow red cabbage extract color pigment in saffron extract color is color in organic handling, the Secretary color as a non-organically produced Crocin, a tetraterpene Carotenoid. proposes to amend § 205.606 of the agricultural product allowed as an At its March 27–29, 2007, meeting in National List regulations to allow ingredient in or on processed products Washington, DC, the NOSB turmeric extract color as a non- labeled as ‘‘organic.’’ recommended adding saffron extract organically produced agricultural color to the National List for use in Red radish extract color (pigment CAS product allowed as an ingredient in or organic handling as a non-organic #’s: 528–58–5, 528–53–0, 643–84–5, on processed products labeled as agricultural ingredient when the organic 134–01–0, 1429–30–7, and 134–04–3). ‘‘organic.’’ form of saffron extract color is Red radish extract color was petitioned considered commercially unavailable. Ingredients or Processing Aids From for use as a non-organic agricultural In this open meeting, the NOSB Agricultural Products ingredient in or on processed products evaluated saffron extract color against Casings, from processed intestines (no labeled as ‘‘organic.’’ Red radish extract evaluation criteria established by 7 CAS #). Casings, from processed color is used as a natural color additive U.S.C. 6517 and 6518 of the OFPA and intestines was petitioned for use as a in a variety of foods. Its use as a color NOP criteria (72 FR 2167) on non-organic agricultural ingredient in or additive in food products is regulated by commercial availability, received public on processed products labeled as FDA (21 CFR 73.260). Depending on the comment, and concluded that saffron ‘‘organic.’’ Casings from processed concentration used, red radish extract extract color is consistent with OFPA intestines are used as sheaths in the color adds a red to pink color to foods. evaluation criteria and NOP commercial manufacture of sausage and a variety of Red radish extract color is a liquid availability criteria. Therefore, in other meat products. Its use in the derived from red radish (Brassicaceae response to the NOSB recommendation manufacture of meat products is raphinus sativus) through aqueous and regarding the use of saffron extract color regulated by the USDA (9 CFR parts 317 physical extraction. Powder forms are in organic handling, the Secretary and 38). Casings are derived from derived from drying extracts. The major proposes to amend § 205.606 of the processed intestines primarily from the pigments in red radish extract color are National List regulations to allow bovine, ovine or porcine animal species. water soluble Anthocyanins. saffron extract color as a non-organically The justification for adding non-organic At its March 27–29, 2007, meeting in produced agricultural product allowed casings to the National List is based Washington, DC, the NOSB as an ingredient in or on processed upon insufficient availability of recommended adding red radish extract products labeled as ‘‘organic.’’ processed intestines from organically color to the National List for use in Turmeric extract color, (CAS #458– produced animals. organic handling as a non-organic 37–7). Turmeric extract color was At its March 27–29, 2007, meeting in agricultural ingredient where the petitioned for use as a non-organic Washington, DC, the NOSB organic form of red radish extract color agricultural ingredient in or on recommended adding casings from is considered commercially unavailable. processed products labeled as processed intestines to the National List In this open meeting, the NOSB ‘‘organic.’’ Turmeric extract color is for use in organic handling as a non- evaluated red radish extract color used as a natural color additive in a organic agricultural ingredient where against evaluation criteria established variety of foods. Its use as a color the organic form of casings is by 7 U.S.C. 6517 and 6518 of the OFPA additive in food products is regulated by considered commercially unavailable. and NOP criteria (72 FR 2167) on FDA (21 CFR 73.600). Depending on the In this open meeting, the NOSB commercial availability, received public concentration used, turmeric extract evaluated casings from processed comment, and concluded that red radish color adds a bright yellow color to intestines against evaluation criteria extract color is consistent with OFPA foods. Turmeric extract color is a liquid established by 7 U.S.C. 6517 and 6518 evaluation criteria and NOP commercial derived from the rhizomes of the plant of the OFPA and NOP criteria (72 FR availability criteria. Therefore, in Curcuma longa, a member of the ginger 2167) on commercial availability, response to the NOSB recommendation family Zingiberaceae, through physical received public comment, and regarding the use of red radish extract extraction in vegetable oil. The major concluded that casings from processed color in organic handling, the Secretary pigments in turmeric extract color are intestines is consistent with OFPA proposes to amend § 205.606 of the Curcumunoids which are reported to be evaluation criteria and NOP commercial National List regulations to allow red strong antioxidants. availability criteria. Therefore, in radish extract color as a non-organically At its March 27–29, 2007, meeting in response to the NOSB recommendation produced agricultural product allowed Washington, DC, the NOSB regarding the use of casings from

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processed intestines in organic insoluble dietary fiber, and is a good regarding the use of dillweed oil in handling, the Secretary proposes to source of omega-3 fatty acids. In some organic handling, the Secretary amend § 205.606 of the National List regions, chia is primarily cultivated for proposes to amend § 205.606 of the regulations to allow casings from its seeds which are known to have a National List regulations to allow processed intestines as a non- high concentration of omega-3 fatty dillweed oil as a non-organically organically produced agricultural acids. produced agricultural product allowed product allowed as an ingredient in or At its March 27–29, 2007, meeting in as an ingredient in or on processed on processed products labeled as Washington, DC, the NOSB products labeled as ‘‘organic.’’ ‘‘organic.’’ recommended adding chia to the Fish oil (Fatty acid CAS #’s: 10417– Celery powder (No CAS #). Celery National List for use in organic handling 94–4, and 25167–62–8). Fish oil was powder was petitioned for use as a non- as a non-organic agricultural ingredient petitioned for use as a non-organic organic agricultural ingredient in or on where the organic form of chia is agricultural ingredient in or on processed products labeled as considered commercially unavailable. processed products labeled as ‘‘organic.’’ This substance is used on In this open meeting, the NOSB ‘‘organic.’’ Fish oil is used as an meat products to facilitate the natural evaluated chia against evaluation ingredient in a variety of foods such as curing of meat. Its general use in food criteria established by 7 U.S.C. 6517 and baked goods, cereals, cheese products, products is regulated by FDA (21 CFR 6518 of the OFPA and NOP criteria (72 and soups. Its use in food products is 182.10). When applied to meat FR 2167) on commercial availability, regulated by FDA (21 CFR 184). A products, celery powder provides a received public comment, and primary purpose for adding fish oil as concentrated source of nitrate that is concluded that chia is consistent with an ingredient to foods is to elevate the converted to nitrite by reacting with OFPA evaluation criteria and NOP omega-3 fatty acid content of foods. Fish myoglobin, a component in the meat commercial availability criteria. oil is a mixture of fatty acids with two tissue. This curing process inhibits Therefore, in response to the NOSB omega-3 fatty acids, Eicosapentaenoic growth of undesirable microorganisms, recommendation regarding the use of acid and Docosahexaenoic acid as the retains color and preserves the flavors of chia in organic handling, the Secretary principle fatty acid components. It is a meats. Celery powder is a light green proposes to amend § 205.606 of the liquid that is extracted and refined from powder obtained from processing celery National List regulations to allow chia fish by-product sourced from high fat plant tissue by cutting, grinding, drying, as a non-organically produced containing fish species such as salmon, pulping, or similar processing of tissues agricultural product allowed as an tuna, anchovy and sardines. as described under FDA (21 CFR ingredient in or on processed products At its March 27–29, 2007, meeting in 101.22). labeled as ‘‘organic.’’ Washington, DC, the NOSB At its March 27–29, 2007 meeting in Dillweed oil, (CAS #8006–75–5). recommended adding fish oil to the Washington, DC, the NOSB Dillweed oil was petitioned for use as a National List for use in organic handling recommended adding celery powder to non-organic agricultural ingredient in or as a non-organic agricultural ingredient the National List for use in organic on processed products labeled as where the organic form of fish oil is handling as a non-organic agricultural ‘‘organic.’’ Dillweed oil is used as a considered commercially unavailable. ingredient when the organic form of flavoring agent in organic dill pickle In this open meeting, the NOSB celery powder is considered production. The flavor and aroma evaluated fish oil against evaluation commercially unavailable. In this open components of dillweed oil are criteria established by 7 U.S.C. 6517 and meeting, the NOSB evaluated celery attributed to substances classified as 6518 of the OFPA and NOP criteria (72 powder against evaluation criteria Monoterpenes—Carvone, Limonene and FR 2167) on commercial availability, established by 7 U.S.C. 6517 and 6518 Phellandrene. Dillweed oil is a colorless received public comment, and of the OFPA and NOP criteria (72 FR to pale yellow or yellow clear liquid concluded that fish oil is consistent 2167) on commercial availability, that is insoluble in water and its use in with OFPA evaluation criteria and NOP received public comment, and food products is regulated by FDA (21 commercial availability criteria. concluded that celery powder is CFR 184.1282). After harvest, the Therefore, in response to the NOSB consistent with OFPA evaluation dillweed plant (Anethum graveolens) is recommendation regarding the use of criteria and NOP commercial steam distilled and the dillweed oil is fish oil in organic handling, the availability criteria. Therefore, in collected in the condensate. This oil is Secretary proposes to amend § 205.606 response to the NOSB recommendation then standardized to achieve the desired of the National List regulations to allow regarding the use of celery powder in flavor properties. fish oil as a non-organically produced organic handling, the Secretary At its March 27–29, 2007, meeting in agricultural product allowed as an proposes to amend § 205.606 of the Washington, DC, the NOSB ingredient in or on processed products National List regulations to allow celery recommended adding dillweed oil to labeled as ‘‘organic.’’ powder as a non-organically produced the National List for use in organic Fructooligosaccharides (CAS agricultural product allowed as an handling as a non-organic agricultural #308066–66–2). Fructooligosaccharides ingredient in or on processed products ingredient where the organic form of was petitioned for use as a non-organic labeled as ‘‘organic.’’ dillweed oil is considered commercially agricultural ingredient in or on Chia (Salvia hispanica L.) (no CAS #). unavailable. In this open meeting, the processed products labeled as Chia was petitioned for use as a non- NOSB evaluated dillweed oil against ‘‘organic.’’ Fructooligosaccharides is organic agricultural ingredient in or on evaluation criteria established by 7 used as an ingredient in a variety of processed products labeled as U.S.C. 6517 and 6518 of the OFPA and food products. Its use in food products ‘‘organic.’’ Chia is used as an ingredient NOP criteria (72 FR 2167) on is regulated by FDA (21 CFR 172.892). in a variety of foods such as baked commercial availability, received public A primary purpose for adding goods and beverages. Its use in food comment, and concluded that dillweed fructooligosaccharides as an ingredient products is regulated by FDA (21 CFR oil is consistent with OFPA evaluation to foods is to serve as a bulking agent 182.10). Chia is an annual herb grown criteria and NOP commercial by providing prebiotic fiber to foods. in Central America, considered to be availability criteria. Therefore, in Fructooligosaccharides are naturally gluten free, provides both soluble and response to the NOSB recommendation present in several vegetables, fruits and

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grains that may be components of galangal against evaluation criteria ‘‘organic.’’ Hops are a primary standard diets. This substance is established by 7 U.S.C. 6517 and 6518 ingredient used in brewing beer. Several commercially produced by subjecting of the OFPA and NOP criteria (72 FR varieties of hops are used in the sucrose to heated fermentation with an 2167) on commercial availability, manufacture of beer products. Although Aspergillus japonicus derived enzyme. received public comment, and the final brewing product is regulated The inclusion of this non-digestible concluded that frozen galangal is by the Bureau of Alcohol, Tobacco & carbohydrate is thought to promote a consistent with OFPA evaluation Firearms, hops are processed and more favorable intestinal microbial criteria and NOP commercial packaged according to FDA (21 CFR composition which may be beneficial to availability criteria. Therefore, in 110), Current Good Manufacturing human health. response to the NOSB recommendation Practice in Manufacturing, Packing or At its March 27–29, 2007, meeting in regarding the use of frozen galangal, in Holding Human Food. As used for the Washington, DC, the NOSB organic handling, the Secretary brewing process, hops form varieties recommended adding proposes to amend § 205.606 of the include whole hops, hop pellets, hop fructooligosaccharides to the National National List regulations to allow frozen powder pellets, modified hop powder List for use in organic handling as a galangal, as a non-organically produced pellets or hops extract. Hops contribute non-organic agricultural ingredient agricultural product allowed as an unique flavors and aroma to brewing, where the organic form of ingredient in or on processed products and may serve as a natural stabilizer. fructooligosaccharides is considered labeled as ‘‘organic.’’ While hops are grown in diverse commercially unavailable. In this open Gelatin (CAS #9000–70–8). Gelatin agricultural regions, hop varieties vary meeting, the NOSB evaluated was petitioned for use as a non-organic in flavor and aroma characteristics, and fructooligosaccharides against agricultural ingredient in or on are selected based upon the unique evaluation criteria established by 7 processed products labeled as characteristics contributed to brewing. U.S.C. 6517 and 6518 of the OFPA and ‘‘organic.’’ Gelatin is used as a stabilizer, Due to these unique characteristics that NOP criteria (72 FR 2167) on thickener, or texturizer in a variety of are contributed to a specific brewing commercial availability, received public foods. It can also be used as a processing process, brewers cannot interchange comment, and concluded that aid such as a beverage clarifier, or as a hop varieties should a selected variety fructooligosaccharides is consistent protective coating or container for be commercially unavailable without with OFPA evaluation criteria and NOP substances. Gelatin is considered to be significant changes in the final product. commercial availability criteria. a generally recognized as safe (GRAS) At its March 27–29, 2007, meeting in Therefore, in response to the NOSB substance as provided by FDA (21 CFR Washington, DC, the NOSB recommendation regarding the use of 170). It can be manufactured from recommended adding hops to the fructooligosaccharides in organic several different types of naturally National List for use in organic handling handling, the Secretary proposes to derived collagen that is subjected to as a non-organic agricultural ingredient amend § 205.606 of the National List partial hydrolysis and extraction where the organic form of hops is regulations to allow procedures. Gelatin is a heterogeneous considered commercially unavailable. fructooligosaccharides as a non- mixture of high molecular weight water In this open meeting, the NOSB organically produced agricultural soluble proteins. It is a colorless, evaluated hops against evaluation product allowed as an ingredient in or tasteless, odorless and considerably criteria established by 7 U.S.C. 6517 and on processed products labeled as transparent substance that binds with 6518 of the OFPA and NOP criteria (72 ‘‘organic.’’ water and swells to form a gelatinous FR 2167) on commercial availability, Galangal—frozen (no CAS #). product. received public comment, and Galangal—frozen, was petitioned for use At its May 6–8, 2002, meeting in concluded that hops is consistent with as a non-organic agricultural ingredient Austin, Texas, the NOSB recommended OFPA evaluation criteria and NOP in or on processed products labeled as adding gelatin to the National List for commercial availability criteria. ‘‘organic.’’ Galangal is used as a use in organic handling as a non-organic Therefore, in response to the NOSB flavoring ingredient in a variety of agricultural ingredient where the recommendation regarding the use of foods. Its use as an ingredient in food organic form of gelatin is considered hops in organic handling, the Secretary products is regulated by FDA (21 CFR commercially unavailable. In this open proposes to amend § 205.606 of the 182.10). The essential oils (aroma meeting, the NOSB evaluated gelatin National List regulations to allow hops components) and flavoring capacity of against evaluation criteria established as a non-organically produced galangal varies with the source of by 7 U.S.C. 6517 and 6518 of the OFPA, agricultural product allowed as an galangal. Fresh or frozen galangal assessed its commercial availability, ingredient in or on processed products provides more of the aroma essential received public comment, and labeled as ‘‘organic.’’ oils and flavoring capacity compared to concluded that gelatin is consistent with Inulin, oligofructose enriched, (CAS dried galangal. Galangal is derived from OFPA evaluation criteria and not #9005–80–5). Oligofructose enriched knobby galanga rhizome or rootstock commercially available in organic form. inulin was petitioned for use as a non- (Alpina galanga, Alpina officinarum). It Therefore, in response to the NOSB organic agricultural ingredient in or on is a ginger-like rootstock with an orange- recommendation regarding the use of processed products labeled as brown or pale red surface and woody gelatin in organic handling, the ‘‘organic.’’ Oligofructose enriched inulin texture. Secretary proposes to amend § 205.606 is used as an ingredient in a variety of At its March 27–29, 2007, meeting in of the National List regulations to allow foods. It is considered to be a GRAS Washington, DC, the NOSB gelatin as a non-organically produced substance and its use in food products recommended adding frozen galangal to agricultural product allowed as an is regulated by FDA (21 CFR 172.892). the National List for use in organic ingredients in or on processed products A primary purpose for adding handling as a non-organic agricultural labeled as ‘‘organic.’’ oligofructose enriched inulin as an ingredient where the organic form of Hops (Humulus lupulus). Hops was ingredient to foods is to add soluble frozen galangal is considered petitioned for use as a non-organic dietary fiber, and provide texture and commercially unavailable. In this open agricultural ingredient in or on consistency to food products. meeting, the NOSB evaluated frozen processed products labeled as Oligofructose enriched inulin is derived

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from inulin which is a polymer of hydration leading to increased viscosity received public comment, and naturally occurring oligosaccharide of foods when included as an concluded that frozen lemongrass is produced in many types of plants. ingredient. The degree of water gelling consistent with OFPA evaluation Inulin is extracted from the root of the with konjac flour is a function of the criteria and NOP commercial chicory plant (Cichorium intybus) by a presence of acetyl groups within the availability criteria. Therefore, in hot water diffusion process. glucomannan molecule. De-acetylation response to the NOSB recommendation Subsequently, the extracted inulin is of the molecule in the presence of a regarding the use of frozen lemongrass partially enzymatically hydrolyzed to weak base allows formation of stable in organic handling, the Secretary yield oligofructose enriched inulin. The gels. proposes to amend § 205.606 of the hydrolyzate is dried to a powder for At its May 6–8, 2002, meeting in National List regulations to allow frozen application in foods. Enzyme Austin, Texas, the NOSB recommended lemongrass as a non-organically hydrolyzation reduces the chemical adding konjac flour to the National List produced agricultural product allowed chain length of the oligosaccharide for use in organic handling as a non- as an ingredient in or on processed polymer resulting in varying functional organic agricultural ingredient where products labeled as ‘‘organic.’’ properties between inulin and the the organic form of konjac flour is Orange shellac, unbleached (CAS oligofructose enriched form. The shorter considered commercially unavailable. #9000–59–3). Unbleached orange polymer chain length increases polymer In this open meeting, the NOSB shellac was petitioned for use as a non- solubility and facilitates product texture evaluated konjac flour against organic agricultural ingredient in or on and consistency. evaluation criteria established by 7 processed products labeled as At its March 27–29, 2007, meeting in U.S.C. 6517 and 6518 of the OFPA, ‘‘organic.’’ Unbleached orange shellac is Washington, DC, the NOSB assessed its commercial availability, used principally as a coating agent and recommended adding oligofructose received public comment, and as a glazing or polishing agent on fruits enriched inulin to the National List for concluded that konjac flour is consistent and vegetables. It may also be used as use in organic handling as a non-organic with OFPA evaluation criteria and not a color dilutent or as an ingredient for agricultural ingredient where the commercially available in organic form. the glazing of confectionary products. organic form of oligofructose enriched Therefore, in response to the NOSB Its use as an ingredient or processing aid inulin is considered commercially recommendation regarding the use of is regulated by FDA (21 CFR 184). unavailable. In this open meeting, the konjac flour in organic handling, the Unbleached orange shellac is a hard, NOSB evaluated oligofructose enriched Secretary proposes to amend § 205.606 durable, amorphous resin that is semi- inulin against evaluation criteria of the National List regulations to allow impermeable to water. It is used in established by 7 U.S.C. 6517 and 6518 konjac flour as a non-organically combination with other ingredients in of the OFPA and NOP criteria (72 FR produced agricultural product allowed coatings on fruits and vegetables to limit 2167) on commercial availability, as an ingredient in or on processed water loss and reduce gas exchange received public comment, and products labeled as ‘‘organic.’’ (natural ethylene) resulting from fruit or concluded that oligofructose enriched Lemongrass, frozen (no CAS #). vegetable ripening. Unbleached orange inulin is consistent with OFPA Lemongrass, frozen was petitioned for shellac is a mixture of resins derived evaluation criteria and NOP commercial use as a non-organic agricultural from secretions of the Lac insect availability criteria. Therefore, in ingredient in or on processed products (Laccifer lacca Kerr) that are collected response to the NOSB recommendation labeled as ‘‘organic.’’ Frozen lemongrass regarding the use of oligofructose is used as a distinct citrus flavoring from resiniferous trees and bushes, and enriched inulin in organic handling, the agent in a variety of foods. Its use in further processed to yield shellac. Secretary proposes to amend § 205.606 food products is regulated by FDA (21 At its May 6–8, 2002, meeting in of the National List regulations to allow CFR 182.10). The flavor component of Austin, Texas, the NOSB recommended oligofructose enriched inulin as a non- frozen lemongrass is attributed to an oil adding unbleached orange shellac to the organically produced agricultural substance classified as a Terpenoid, National List for use in organic handling product allowed as an ingredient in or Citral, also known as Lemonal. as a non-organic agricultural ingredient on processed products labeled as Lemongrass (Cymbopogon citratus) is an where the organic form of unbleached ‘‘organic.’’ aromatic plant with long slender blades orange shellac is considered Konjac flour (CAS #37220–17–0). grown in warm temperate and tropical commercially unavailable. In this open Konjac flour was petitioned for use as a regions. When added to foods, the meeting, the NOSB evaluated non-organic agricultural ingredient in or edible portion of the plant is usually unbleached orange shellac against on processed products labeled as sliced or bruised to release the evaluation criteria established by 7 ‘‘organic.’’ Konjac flour is used as an lemongrass oil. Dried/powdered U.S.C. 6517 and 6518 of the OFPA, ingredient in foods as a gelling agent, lemongrass sources may not provide the assessed its commercial availability, stabilizer, thickener, fat replacer, and flavor potential as either fresh or frozen received public comment, and similar technological functions. Its use lemongrass. concluded that unbleached orange as an ingredient in non-meat food At its March 27–29, 2007, meeting in shellac is consistent with OFPA products is regulated by FDA (21 CFR Washington, DC, the NOSB evaluation criteria and not 170) and its use in meat products is recommended adding frozen lemongrass commercially available in organic form. regulated by USDA Food Safety to the National List for use in organic Therefore, in response to the NOSB Inspection Service (FSIS) (9 CFR 381). handling as a non-organic agricultural recommendation regarding the use of Konjac flour is a dried powder derived ingredient where the organic form of unbleached orange shellac in organic from aqueous and physical extraction of frozen lemongrass is considered handling, the Secretary proposes to the glucomannan polysaccharide commercially unavailable. In this open amend § 205.606 of the National List (mannose and glucose units) from meeting, the NOSB evaluated frozen regulations to allow unbleached orange ground elephant yam (Amorphophallu) lemongrass against evaluation criteria shellac as a non-organically produced tuber (root). The polysaccharide in established by 7 U.S.C. 6517 and 6518 agricultural product allowed as an konjac flour has a large molecular of the OFPA and NOP criteria (72 FR ingredient in or on processed products weight and can have a high rate of 2167) on commercial availability, labeled as ‘‘organic.’’

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Pepper, chipotle chile (no CAS #). starch as an ingredient in foods is as a water. Under suitable temperatures, Chipotle chile pepper was petitioned for thickener, stabilizer and gelling agent. starch can absorb a large volume of use as a non-organic agricultural Unmodified rice starch is derived from water and, depending upon its chemical ingredient in or on processed products alkali treated (Sodium hydroxide, composition (acetyl groups in the starch labeled as ‘‘organic.’’ Its use in food National List, § 205.605(b)) pulverized polysaccharide polymers), starch has a products is regulated by FDA (21 CFR rice grain that is subsequently wet significant capacity to gel. Variations in 182.1). Chipotle chile pepper is used as milled and centrifuged to separate the starch gelling capacity contribute to a flavoring agent in a variety of food rice starch from the rice protein. variations in noodle product quality. products. Chipotle chile peppers are Unmodified rice starch is a white Sweet potato starch is derived from smoke dried jalapeno chile peppers powder, with a neutral taste and odor, sweet potatoes (Ipomea batatas), which (Capsicum annuum) that are allowed to and small particle size. These attributes can be grown in a variety of climates. mature on the vine from a green to a red are reportedly not available from other Although there is significant organic color. After harvest, the red chile thickening agents that are presently sweet potato production, starch from peppers are slowly dried and smoked. included on the National List in either organic sweet potatoes used for bean Chipotle chile peppers are considered to §§ 205.605 or 205.606. thread noodle products is considered to have a sweet, smoky flavor with a strong At its March 27–29, 2007, meeting in be limited due to a lack of available degree of ‘‘hotness’’ or spiciness. Washington, DC, the NOSB organic sweet potatoes to process for the Spiciness is a function of the recommended adding unmodified rice sweet potato starch. concentration of Capsicum, a chemical starch to the National List for use in At its March 27–29, 2007, meeting in that stimulates thermoreceptor nerve organic handling as a non-organic Washington, DC, the NOSB endings in the skin. Authentic chipotle agricultural ingredient where the recommended adding sweet potato chile peppers are produced primarily in organic form of unmodified rice starch starch to the National List for use in Mexico. Chile pepper varieties that are is considered commercially unavailable organic handling for use in bean thread produced in other regions reportedly for two years. In this open meeting, the production only as a non-organic provide less flavoring or different NOSB evaluated unmodified rice starch agricultural ingredient where the flavoring. against evaluation criteria established organic form of sweet potato starch is At its March 27–29, 2007, meeting in by 7 U.S.C. 6517 and 6518 of the OFPA considered commercially unavailable. Washington, DC, the NOSB and NOP criteria (72 FR 2167) on In this open meeting, the NOSB recommended adding chipotle chile commercial availability, received public evaluated sweet potato starch against pepper to the National List for use in comment, and concluded that evaluation criteria established by 7 organic handling as a non-organic unmodified rice starch is consistent U.S.C. 6517 and 6518 of the OFPA and agricultural ingredient where the with OFPA evaluation criteria and NOP NOP criteria (72 FR 2167) on organic form of chipotle chile pepper is commercial availability criteria. commercial availability, received public considered commercially unavailable. Therefore, in response to the NOSB comment, and concluded that sweet In this open meeting, the NOSB recommendation regarding the use of potato starch for use in bean thread evaluated chipotle chile pepper against unmodified rice starch in organic noodle production only is consistent evaluation criteria established by 7 handling, the Secretary proposes to with OFPA evaluation criteria and NOP U.S.C. 6517 and 6518 of the OFPA and amend § 205.606 of the National List commercial availability criteria. NOP criteria (72 FR 2167) on regulations to allow unmodified rice Therefore, in response to the NOSB commercial availability, received public starch as a non-organically produced recommendation regarding the use of comment, and concluded that chipotle agricultural product allowed as an sweet potato starch for bean thread chile pepper is consistent with OFPA ingredient in or on processed products production only in organic handling, evaluation criteria and NOP commercial labeled as ‘‘organic’’ for two years from the Secretary proposes to amend availability criteria. Therefore, in May 15, 2007. § 205.606 of the National List response to the NOSB recommendation Sweet potato starch, for bean thread regulations to allow sweet potato starch regarding the use of chipotle chile production only (no CAS #). Sweet for use only in bean thread noodle pepper in organic handling, the potato starch was petitioned for use production as a non-organically Secretary proposes to amend § 205.606 only in the production of bean thread produced agricultural product allowed of the National List regulations to allow noodles as a non-organic agricultural as an ingredient in or on processed chipotle chile pepper as a non- ingredient in or on processed products products labeled as ‘‘organic.’’ organically produced agricultural labeled as ‘‘organic.’’ Sweet potato Turkish bay leaves (no CAS #). product allowed as an ingredient in or starch is used as an ingredient for use Turkish bay leaves were petitioned for on processed products labeled as in the manufacture of bean thread use as a non-organic agricultural ‘‘organic.’’ noodles used in Asian cuisine. Its use in ingredient in or on processed products Rice starch, unmodified (CAS food products is regulated by FDA (21 labeled as ‘‘organic.’’ Turkish bay leaves #977000–08–0). Unmodified rice starch CFR part 182). A primary purpose for are used as a flavor agent in a variety of was petitioned for use as a non-organic adding sweet potato starch as an foods such as vegetables, meats and agricultural ingredient in or on ingredient for bean thread noodle soups. Its use as an ingredient in food processed products labeled as production is to provide texture and products is regulated by FDA (21 CFR ‘‘organic.’’ Unmodified rice starch is neutral flavor in noodle products. Many 182.10). Sourced from the Evergreen affirmed for use as an ingredient in a varieties of noodle products exist as a Bay Laurel tree grown in the variety of foods through its inclusion on result of differences in processing, Mediterranean region, Turkish bay the FDA’s ‘‘Everything’’ Added to Food starch source and composition, and leaves, after harvest, are dried under a in the United States (EAFUS) list which cultural cuisine preferences. In general, specific process to enhance flavor and is a list of ingredients that can be added starches are produced by grinding a reduce bitterness. Dried bay leaves have directly to food that are either approved starch rich plant source followed by wet lower concentrations of the bay leaf oil as food additives or affirmed as GRAS separation techniques. Dry starch is a that provides the flavoring to foods. The (21 CFR 182). Primary functions white powder, with a neutral taste and leaf oil provides a sweet, lemony attributed to using unmodified rice flavor, and is relatively insoluble in cold flavoring. Other varieties of Bay leaves

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provide different flavor profiles that response to the NOSB recommendation organically produced agricultural may be too bitter, astringent and regarding the use of Wakame seaweed in product allowed as an ingredient in or pungent compared to Turkish bay organic handling, the Secretary on processed products labeled as leaves. proposes to amend § 205.606 of the ‘‘organic.’’ At its March 27–29, 2007, meeting in National List regulations to allow III. Related Documents—FR Notices Washington, DC, the NOSB Wakame seaweed as a non-organically recommended adding Turkish bay produced agricultural product allowed Two notices were published regarding leaves to the National List for use in as an ingredient in or on processed the meetings of the NOSB and its organic handling as a non-organic products labeled as ‘‘organic.’’ deliberations on recommendations and agricultural ingredient where the Whey protein concentrate, (no CAS substances petitioned for amending the organic form of Turkish bay leaves is #). Whey protein concentrations of 35% National List. Substances and considered commercially unavailable. and 80% was petitioned for use as a recommendations included in this In this open meeting, the NOSB non-organic agricultural ingredient in or proposed rule were announced for evaluated Turkish bay leaves against on processed products labeled as NOSB deliberation in the following evaluation criteria established by 7 ‘‘organic.’’ Whey protein concentrate is Federal Register Notices: (1) 67 FR U.S.C. 6517 and 6518 of the OFPA and used as an ingredient in a variety of 19375, April 12, 2002, (Gelatin, Konjac NOP criteria (72 FR 2167) on foods. Its use in food products is flour, Orange shellac); (2) 72 FR 10971, commercial availability, received public regulated by FDA (21 CFR 184.1979c). A March 12, 2007, (Casings, Celery comment, and concluded that Turkish primary purpose for adding whey powder, Chia (Salvia hispanica L.), bay leaves is consistent with OFPA protein concentrate as an ingredient to Colors—from agricultural products: evaluation criteria and NOP commercial foods is to provide texture and Annatto extract; Beet juice; Beta- availability criteria. Therefore, in consistency to foods. Whey protein carotene extract; Purple carrot juice; response to the NOSB recommendation concentrate can be used as a fat replacer Black currant juice; Blueberry juice; regarding the use of Turkish bay leaves when added to foods as it mimics some Carrot juice; Cherry juice; Chokeberry/ in organic handling, the Secretary properties of fat. Whey is a liquid by- Aronia juice; Elderberry juice; Grape proposes to amend § 205.606 of the product of cheese manufacture. juice; Grape skin extract; Paprika; National List regulations to allow Removing the water from whey provides Pumpkin juice; Purple potato juice; Red Turkish bay leaves as a non-organically powdered whey protein concentrate. cabbage extract; Red radish extract; produced agricultural product allowed Protein content of whey protein Saffron; Turmeric; Dillweed oil, Fish as an ingredient in or on processed concentrate can vary from 25 percent to oil, Fructooligosaccharides, Galangal— products labeled as ‘‘organic.’’ 89.9 percent protein with milk fat frozen, Hops, Inulin—oligofructose Wakame seaweed (Undaria content of whey protein concentrate at enriched, Lemongrass—frozen, pinnatifida) (no CAS #). Wakame or below 10 percent. Whey protein Pepper—chipotle chile, Rice starch, seaweed was petitioned for use as a concentrate is a white to cream color Sweet potato starch, Turkish bay leaves, non-organic agricultural ingredient in or powder with little or no flavor and a pH Wakame seaweed (Undaria pinnatifida), on processed products labeled as that cannot exceed 7.0. Organic cheese and Whey protein concentrate). ‘‘organic.’’ Wakame seaweed is affirmed manufacturers reportedly divert whey for use as an ingredient in Asian cuisine by-product to more lucrative markets IV. Statutory and Regulatory Authority foods such as soups and salads. Its use than currently exist with the The OFPA, as amended (7 U.S.C. 6501 in food products is regulated by FDA manufacture of whey protein et seq.), authorizes the Secretary to (21 CFR 182.10). Wakame seaweed is concentrate, thus availability of whey make amendments to the National List harvested from the coasts of Japan, by-product from organic cheese based on proposed amendments Korea and China. After harvest the processing is considered to be very developed by the NOSB. Sections seaweed is washed, rinsed with a salt limited. 6518(k)(2) and 6518(n) of OFPA solution to extend shelf life, cut and At its March 27–29, 2007, meeting in authorize the NOSB to develop dried. As an ingredient, Wakame Washington, DC, the NOSB proposed amendments to the National seaweed provides a unique flavor and recommended adding Whey protein List for submission to the Secretary and texture to Asian foods. Substitution of concentrate up to 80% to the National establish a petition process by which other seaweed species provides a List for use in organic handling as a persons may petition the NOSB for the different texture and flavor profile to non-organic agricultural ingredient purpose of having substances evaluated foods. where the organic form of whey protein for inclusion on or deletion from the At its March 27–29, 2007, meeting in concentrate is considered commercially National List. The National List petition Washington, DC, the NOSB unavailable. In this open meeting, the process is implemented under § 205.607 recommended adding Wakame seaweed NOSB evaluated whey protein of the NOP regulations. The current to the National List for use in organic concentrate against evaluation criteria petition process (72 FR 2167) can be handling as a non-organic agricultural established by 7 U.S.C. 6517 and 6518 accessed through the NOP website at ingredient where the organic form of of the OFPA and NOP criteria (72 FR http://www.ams.usda.gov/nop. Wakame seaweed is considered 2167) on commercial availability, commercially unavailable. In this open received public comment, and A. Executive Order 12866 meeting, the NOSB evaluated Wakame concluded that Whey protein This action has been determined not seaweed against evaluation criteria concentrate is consistent with OFPA significant for purposes of Executive established by 7 U.S.C. 6517 and 6518 evaluation criteria and NOP commercial Order 12866, and therefore, has not of the OFPA and NOP criteria (72 FR availability criteria. Therefore, in been reviewed by the Office of 2167) on commercial availability, response to the NOSB recommendation Management and Budget. received public comment, and regarding the use of whey protein concluded that Wakame seaweed is concentrate in organic handling, the B. Executive Order 12988 consistent with OFPA evaluation Secretary proposes to amend § 205.606 Executive Order 12988 instructs each criteria and NOP commercial of the National List regulations to allow executive agency to adhere to certain availability criteria. Therefore, in whey protein concentrate as a non- requirements in the development of new

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and revised regulations in order to avoid certification program established under Organic crop and livestock operations unduly burdening the court system. this title. The OFPA also provides that reported certified acreage totaling more This proposed rule is not intended to the U.S. District Court for the district in than 4.05 million acres of organic farm have a retroactive effect. which a person is located has production. Total number of organic States and local jurisdictions are jurisdiction to review the Secretary’s crop and livestock operations increased preempted under section 6514 of the decision. by more than 18 percent from 2001 to OFPA (7 U.S.C. 6514) from creating 2005, while total certified acreage more C. Regulatory Flexibility Act programs of accreditation for private than doubled during this time period. persons or State officials who want to The Regulatory Flexibility Act (RFA) AMS estimates that these trends become certifying agents of organic (5 U.S.C. 601 et seq.) requires agencies continued through 2006 and will be farms or handling operations. A to consider the economic impact of each higher in 2007. governing State official would have to rule on small entities and evaluate U.S. sales of organic food and apply to USDA to be accredited as a alternatives that would accomplish the beverages have grown from $1 billion in certifying agent, as described in section objectives of the rule without unduly 1990 to an estimated $14 billion in 6514(b) of the OFPA (7 U.S.C. 6514(b)). burdening small entities or erecting 2006. Organic food sales are projected to States are also preempted under barriers that would restrict their ability reach $23.8 billion for 2010. The organic sections 6503 through 6507 of the OFPA to compete in the market. The purpose industry is viewed as the fastest growing (7 U.S.C. 6503 through 6507) from is to fit regulatory actions to the scale of sector of agriculture, currently creating certification programs to certify businesses subject to the action. Section representing 2 percent of overall food organic farms or handling operations 605 of the RFA allows an agency to and beverage sales. Since 1990, organic unless the State programs have been certify a rule, in lieu of preparing an retail sales have historically submitted to, and approved by, the analysis, if the rulemaking is not demonstrated a growth rate between 20 Secretary as meeting the requirements of expected to have a significant economic to 24 percent each year. This growth the OFPA. impact on a substantial number of small rate is projected to decline and fall to a Pursuant to section 6507(b)(2) of the entities. rate of 5 to 10 percent in the future. OFPA (7 U.S.C. 6507(b)(2)), a State Pursuant to the requirements set forth In addition, USDA has accredited 99 organic certification program may in the RFA, the Agricultural Marketing certifying agents who have applied to contain additional requirements for the Service (AMS) performed an economic USDA to be accredited in order to production and handling of organically impact analysis on small entities in the provide certification services to produced agricultural products that are final rule published in the Federal producers and handlers. A complete list produced in the State and for the Register on December 21, 2000 (65 FR of names and addresses of accredited certification of organic farm and 80548). The AMS has also considered certifying agents may be found on the handling operations located within the the economic impact of this action on AMS NOP web site, at http:// State under certain circumstances. Such small entities. The impact on entities www.ams.usda.gov/nop. AMS believes additional requirements must: (a) affected by this proposed rule would not that most of these entities would be Further the purposes of the OFPA, (b) be significant. The effect of this considered small entities under the not be inconsistent with the OFPA, (c) proposed rule would be to allow the use criteria established by the SBA. not be discriminatory toward of additional substances in agricultural agricultural commodities organically production and handling. This action D. Paperwork Reduction Act produced in other States, and (d) not be would modify the regulations to provide Under the OFPA, no additional effective until approved by the small entities with more tools to use in collection or recordkeeping Secretary. day-to-day operations. The AMS requirements are imposed on the public Pursuant to section 6519(f) of the concludes that the economic impact of by this proposed rule. Accordingly, OFPA (7 U.S.C. 6519(f)), this proposed this addition of allowed substances, if OMB clearance is not required by rule would not alter the authority of the any, would be minimal and entirely section 350(h) of the Paperwork Secretary under the Federal Meat beneficial to small agricultural service Reduction Act of 1995, 44 U.S.C. 3501, Inspection Act (21 U.S.C. 601 et seq.), firms. Accordingly, USDA certifies that et seq., or OMB’s implementing the Poultry Products Inspections Act (21 this rule will not have a significant regulation at 5 CFR part 1320. U.S.C. 451 et seq.), or the Egg Products economic impact on a substantial AMS is committed to compliance Inspection Act (21 U.S.C. 1031 et seq.), number of small entities. with the Government Paperwork concerning meat, poultry, and egg Small agricultural service firms, Elimination Act (GPEA), which requires products, nor any of the authorities of which include producers, handlers, and Government agencies in general to the Secretary of Health and Human accredited certifying agents, have been provide the public the option of Services under the Federal Food, Drug defined by the Small Business submitting information or transacting and Cosmetic Act (21 U.S.C. 301 et Administration (SBA) (13 CFR 121.201) business electronically to the maximum seq.), nor the authority of the as those having annual receipts of less extent possible. Administrator of the Environmental than $6,500,000 and small agricultural Protection Agency (EPA) under the producers are defined as those having E. General Notice of Public Rulemaking Federal Insecticide, Fungicide and annual receipts of less than $750,000. This proposed rule reflects Rodenticide Act (7 U.S.C. 136 et seq.). This proposed rule would have an recommendations submitted to the Section 6520 of the OFPA (7 U.S.C. impact on a substantial number of small Secretary by the NOSB. The 38 6520) provides for the Secretary to entities. substances proposed to be added to the establish an expedited administrative Based upon USDA’s Economic National List were based on petitions appeals procedure under which persons Research Service and AMS data from the industry. The NOSB evaluated may appeal an action of the Secretary, compiled between 2001 to 2005, the each petition using criteria in the OFPA the applicable governing State official, U.S. organic industry at the end of 2005 and NOP criteria on commercially or a certifying agent under this title that included nearly 8,500 certified organic availability published in the Federal adversely affects such person or is crop and livestock operations, plus Register, (72 FR 2167). Because these inconsistent with the organic more than 2,900 handling operations. substances are critical to organic

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production and handling operations, used as ingredients in or on processed (h) Galangal, frozen. producers and handlers should be able products labeled as ‘‘organic,’’ only in (i) Gelatin (CAS #9000–70–8). to use them in their operations as soon accordance with any restrictions (j) Gums—water extracted only as possible. A 7-day period for specified in this section, and only when (Arabic; Guar; Locust bean; and Carob interested persons to comment on this the product is not commercially bean). rule is provided. Interested persons available in organic form. (k) Hops. have already been provided with 30 (a) Casings, from processed intestines. (l) Inulin—oligofructose enriched days of public comment on these 38 (b) Celery powder. (CAS #9005–80–5). substances in advance of the NOSB (c) Chia (Salvia hispanica). (m) Kelp—for use only as a thickener meetings held May 6–8, 2002 and March (d) Colors derived from agricultural and dietary supplement. 27–29, 2007. The NOSB considered products. (n) Konjac flour (CAS #37220–17–0). (1) Annatto extract (pigment CAS (o) Lecithin—unbleached. these comments during their reviews (p) Lemongrass—frozen. and concluded that the petitioners had #1393–63–1)—water and oil soluble. (2) Beet juice (pigment CAS #7659– (q) Orange shellac—unbleached (CAS provided sufficient evidence for adding #9000–59–3). these 38 substances to the National List. 95–2). (3) Beta-carotene (CAS #1393–63–1) (r) Pectin (high-methoxy). Since many producers, handlers and derived from carrots. (s) Peppers (Chipotle chile). certifying agents may have (4) Black currant juice (pigment CAS (t) Starches. misinterpreted National List regulations #’s: 528–58–5, 528–53–0, 643–84–5, (1) Cornstarch (native). § 205.606 to mean that any non-organic (2) Rice starch, unmodified (CAS 134–01–0, 1429–30–7, and 134–04–3). agricultural product that was not (5) Black/Purple carrot juice (pigment #977000–08–0)—for use in organic commercially available in organic form CAS #’s: 528–58–5, 528–53–0, 643–84– handling until [date two years after could be used in organic products 5, 134–01–0, 1429–30–7, and 134–04– effective date of final rule]. (3) Sweet potato starch—for bean without being individually listed on the 3). National List, these 38 substances (6) Blueberry juice (pigment CAS #’s: thread production only. (u) Turkish bay leaves. currently are being used in organic 528–58–5, 528–53–0, 643–84–5, 134– (v) Wakame seaweed (Undaria products. These 38 substances will be 01–0, 1429–30–7, and 134–04–3). pinnatifada). prohibited for use in organic products (7) Carrot juice (pigment CAS #1393– (w) Whey protein concentrate. beginning June 9, 2007, unless they are 63–1). added to the National List. Loss of the (8) Cherry juice (pigment CAS #’s: Dated: May 10, 2007. use of any of these products would 528–58–5, 528–53–0, 643–84–5, 134– Kenneth C. Clayton, disrupt the trade of food products 01–0, 1429–30–7, and 134–04–3). Acting Administrator, Agricultural Marketing currently being labeled as ‘‘organic’’. (9) Chokeberry—Aronia juice Service. Therefore, the continued allowed use of (pigment CAS #’s: 528–58–5, 528–53–0, [FR Doc. 07–2388 Filed 5–10–07; 2:51 pm] these products as ingredients in foods 643–84–5, 134–01–0, 1429–30–7, and BILLING CODE 3410–02–P labeled as ‘‘organic’’ is necessary to 134–04–3). prevent possible significant business (10) Elderberry juice (pigment CAS disruption for organic producers and #’s: 528–58–5, 528–53–0, 643–84–5, DEPARTMENT OF HOMELAND handlers. AMS believes that a 7-day 134–01–0, 1429–30–7, and 134–04–3). SECURITY period for interested persons to (11) Grape juice (pigment CAS #’s: comment on this proposed rule is 528–58–5, 528–53–0, 643–84–5, 134– Coast Guard appropriate. 01–0, 1429–30–7, and 134–04–3). (12) Grape skin extract (pigment CAS 33 CFR Part 117 List of Subjects in 7 CFR Part 205 #’s: 528–58–5, 528–53–0, 643–84–5, Administrative practice and 134–01–0, 1429–30–7, and 134–04–3). [CGD07–06–011] procedure, Agriculture, Animals, (13) Paprika (CAS #68917–78–2)— RIN 1625–AA09 Archives and records, Imports, Labeling, dried, and oil extracted. Organically produced products, Plants, (14) Pumpkin juice (pigment CAS Drawbridge Operation Regulations; Reporting and recordkeeping #127–40–2). Little River (S–20) Bridge, Atlantic requirements, Seals and insignia, Soil (15) Purple potato juice (pigment CAS Intracoastal Waterway Mile 347.3, conservation. #’s: 528–58–5, 528–53–0, 643–84–5, Horry County, SC For the reasons set forth in the 134–01–0, 1429–30–7, and 134–04–3). AGENCY: Coast Guard, DHS. preamble, 7 CFR part 205, Subpart G is (16) Red cabbage extract (pigment proposed to be amended as follows: CAS #’s: 528–58–5, 528–53–0, 643–84– ACTION: Notice of proposed rulemaking; 5, 134–01–0, 1429–30–7, and 134–04– withdrawal. PART 205—NATIONAL ORGANIC 3). SUMMARY: PROGRAM (17) Red radish extract (pigment CAS The Coast Guard is #’s: 528–58–5, 528–53–0, 643–84–5, withdrawing its notice of proposed 1. The authority citation for 7 CFR 134–01–0, 1429–30–7, and 134–04–3). rulemaking concerning the proposed part 205 continues to read as follows: (18) Saffron (pigment CAS #1393–63– change to the regulation of the Little Authority: 7 U.S.C. 6501–6522. 1). River (S–20) Bridge. The requested change was to place a twenty minute 2. Section 205.606 is revised to read (19) Turmeric (CAS #458–37–7). (e) Dillweed oil (CAS #8006–75–5). regulation on the bridge in lieu of ‘‘on as follows: (f) Fish oil (Fatty acid CAS #’s: demand’’. The withdrawal is based on § 205.606 Nonorganically produced 10417–94–4, and 25167–62–8)— limited vessel openings, comments agricultural products allowed as ingredients stabilized with organic ingredients or received from the public, and the in or on processed products labeled as only with ingredients on the National addition of a new high level fixed bridge ‘‘organic.’’ List, §§ 205.605 and 205.606. within close proximity of the draw Only the following nonorganically (g) Fructooligosaccharides (CAS bridge which should help alleviate produced agricultural products may be #308066–66–2). traffic congestion.

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