§6517 National List

Summary

The Secretary must create a National List of substances that can be used or must be kept out of organic farming and handling. The list must show, for each allowed synthetic or banned natural substance, the specific use or purpose. Some substances that are usually banned can be allowed only if the Secretary, after talking with the Secretary of Health and Human Services and the Environmental Protection Agency, finds that using them would not harm people or the environment, is needed because no natural substitute is available, and fits organic practices. Allowed exceptions are limited to certain groups (for example, copper and sulfur compounds; bacterial toxins; pheromones, soaps, oils, fish emulsions, treated seed, vitamins and minerals; animal medicines and parasite treatments; and certain production aids) or to inert ingredients that the EPA does not list as toxic. The list must come from a proposal by the National Organic Standards Board. The Secretary cannot add extra exemptions not in that proposal. No substance already banned in food by other federal rules can be put on the list. The Secretary must publish proposed lists or changes in the Federal Register, get public comments, and then publish the final list with a response to comments. There can be emergency rules for organic items that are not commercially available, limited to cases where the item is under 5 percent of a processed product and for no more than 12 months. Any exemption or ban on the National List must be reviewed by the National Organic Standards Board within 5 years and renewed by the Secretary to stay valid.