§ 6517. National List
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/usc/title-7/section-6517A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under this chapter in order for such products to be sold or labeled as organically produced under this chapter.
(b)Content of list The list established under subsection
(a)shall contain an itemization, by specific use or application, of each synthetic substance permitted under subsection (c)(1) or each natural substance prohibited under subsection (c)(2).
(c)Guidelines for prohibitions or exemptions
(1)Exemption for prohibited substances in organic production and handling operations The National List may provide for the use of substances in an organic farming or handling operation that are otherwise prohibited under this chapter only if—
(A)the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i)would not be harmful to human health or the environment;
(ii)is necessary to the production or handling of the agricultural product because of the unavailability of wholly natural substitute products; and
(iii)is consistent with organic farming and handling;
(B)the substance—
(i)is used in production and contains an active synthetic ingredient in the following categories: copper and sulfur compounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and minerals; livestock parasiticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or
(ii)is used in production and contains synthetic inert ingredients that are not classified by the Administrator of the Environmental Protection Agency as inerts of toxicological concern; and
(C)the specific exemption is developed using the procedures described in subsection (d).
(2)Prohibition on the use of specific natural substances The National List may prohibit the use of specific natural substances in an organic farming or handling operation that are otherwise allowed under this chapter only if—
(A)the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i)would be harmful to human health or the environment; and
(ii)is inconsistent with organic farming or handling, and the purposes of this chapter; and
(B)the specific prohibition is developed using the procedures specified in subsection (d).
(d)Procedure for establishing National List
(1)In general The National List established by the Secretary shall be based upon a proposed national list or proposed amendments to the National List developed by the National Organic Standards Board.
(2)No additions The Secretary may not include exemptions for the use of specific synthetic substances in the National List other than those exemptions contained in the Proposed National List or Proposed Amendments to the National List.
(3)Prohibited substances In no instance shall the National List include any substance, the presence of which in food has been prohibited by Federal regulatory action.
(4)Notice and comment Before establishing the National List or before making any amendments to the National List, the Secretary shall publish the Proposed National List or any Proposed Amendments to the National List in the Federal Register and seek public comment on such proposals. The Secretary shall include in such Notice any changes to such proposed list or amendments recommended by the Secretary.
(5)Publication of National List After evaluating all comments received concerning the Proposed National List or Proposed Amendments to the National List, the Secretary shall publish the final National List in the Federal Register, along with a discussion of comments received.
(6)Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product The Secretary may develop emergency procedures for designating agricultural products that are commercially unavailable in organic form for placement on the National List for a period of time not to exceed 12 months.
(e)Sunset provision No exemption or prohibition contained in the National List shall be valid unless the National Organic Standards Board has reviewed such exemption or prohibition as provided in this section within 5 years of such exemption or prohibition being adopted or reviewed and the Secretary has renewed such exemption or prohibition.
(Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946; Pub. L. 102–237, title X, § 1001(6), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 109–97, title VII, § 797(b), Nov. 10, 2005, 119 Stat. 2165.)
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U.S. Code
register
- UnknownFinal rule
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- Unknown2020 sunset review and substance renewals
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- NoticesSemiannual regulatory agenda
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- NoticesNotice of Guidelines and Call for National List Petitions
- NoticesProposed rule
- NoticesProposed rule
- UnknownInterim rule with request for comments
- UnknownNotice of Guidelines on Procedures for Submitting National List Petitions
- Rules and RegulationsProposed rule
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- Unknown2025 sunset review and substance renewals
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- NoticesFinal Rule with request for comments
- Unknown2023 and 2024 sunset review and renewals
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statutes-at-large
- Public Law 102–237To make technical corrections to agricultural laws
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
statute-compilations
10 references not yet in our index
- Pub. L. 101–624, title XXI, § 2118
- 104 Stat. 3946
- Pub. L. 102–237, title X, § 1001(6)
- 105 Stat. 1893
- Pub. L. 109–97, title VII, § 797(b)
- 119 Stat. 2165
- Pub. L. 109–97, § 797(b)(1)(A)
- Pub. L. 109–97, § 797(b)(1)(B)
- Pub. L. 109–97, § 797(b)(2)
- Pub. L. 102–237
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cites case law
§ 6517
National List
Fed. Reg.×213
Bills×4
Stat.×3
U.S.C.×3
Stat. Comp.×1
Pub. L.Pub. L. 101–624, title XXI, § 2118
Stat.104 Stat. 3946
Pub. L.Pub. L. 102–237, title X, § 1001(6)
Stat.105 Stat. 1893
Pub. L.Pub. L. 109–97, title VII, § 797(b)
Cites 10 · showing 5Cited by 224 across 5 sources