§6517 National List

Summary

The Secretary must create a National List of substances that are allowed or banned for organic farming and handling. That list becomes part of the rules for selling or labeling something as organic. Each allowed synthetic and each banned natural must be named for its specific use. A synthetic can be allowed only if the Secretary, after checking with the Health and Human Services Secretary and the EPA Administrator, finds it won’t harm people or the environment, is needed because no natural substitute is available, and fits organic practices. Allowed synthetics are limited to certain groups (for example, copper and sulfur compounds; bacterial toxins; pheromones, soaps, oils, fish emulsions, treated seed, vitamins and minerals; some livestock medicines and parasiticides; production aids like netting, wraps, traps, barriers, row covers, and equipment cleaners) and some non-toxic inert ingredients. A natural substance may be banned only if those officials find it would be harmful and inconsistent with organic goals. The National Organic Standards Board must first propose the list or any changes. The Secretary cannot add exemptions not in that proposal. The list cannot include anything already banned in food by federal action. Proposed lists or changes must be published for public comment in the Federal Register, and the final list and a response to comments must be published. The Secretary can make short emergency additions for up to 12 months when organic products are commercially unavailable. Any allowed or banned item must be reviewed by the Board within 5 years and renewed by the Secretary to stay valid.