7 U.S.C. § 6517 — National List

Page 1880 TITLE 7—AGRICULTURE § 6517 § 6517. National List (a) In general The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic produc- tion 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 appli- cation, of each synthetic substance permitted under subsection (c)(1) or each natural sub- stance prohibited under subsection (c)(2). (c) Guidelines for prohibitions or exemptions (1) Exemption for prohibited substances in or- ganic 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 consulta- tion 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 be- cause of the unavailability of wholly nat- ural 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 fol- lowing categories: copper and sulfur com- pounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and min- erals; livestock parasiticides and medi- cines and production aids including net- ting, 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 En- vironmental 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 farm- ing or handling operation that are otherwise allowed under this chapter only if— (A) the Secretary determines, in consulta- tion 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 chap- ter; 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 Sec- retary shall be based upon a proposed national list or proposed amendments to the National List developed by the National Organic Stand- ards 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 in- clude 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 be- fore 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 con- cerning the Proposed National List or Pro- posed Amendments to the National List, the Secretary shall publish the final National List in the Federal Register, along with a discus- sion of comments received. (6) Expedited petitions for commercially un- available organic agricultural products constituting less than 5 percent of an or- ganic processed product The Secretary may develop emergency pro- cedures 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 ex- emption or prohibition as provided in this sec- tion within 5 years of such exemption or prohi- bition being adopted or reviewed and the Sec- retary has renewed such exemption or prohibi- tion. (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.) Page 1881 TITLE 7—AGRICULTURE § 6518 Editorial Notes AMENDMENTS 2005—Subsec. (c)(1). Pub. L. 109–97, § 797(b)(1)(A), in- serted ‘‘in organic production and handling operations’’ after ‘‘substances’’ in heading. Subsec. (c)(1)(B)(iii). Pub. L. 109–97, § 797(b)(1)(B), (C), struck out cl. (iii) which read as follows: ‘‘is used in handling and is non-synthetic but is not organically produced; and’’. Subsec. (d)(6). Pub. L. 109–97, § 797(b)(2), added par. (6). 1991—Subsec. (c)(1)(B)(i). Pub. L. 102–237 substituted ‘‘parasiticides’’ for ‘‘paraciticides’’. § 6518. National Organic Standards Board (a) In general The Secretary shall establish a National Or- ganic Standards Board (hereafter referred to in this section as the ‘‘Board’’) in accordance with chapter 10 of title 5 to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this chapter. (b) Composition of Board The Board shall be composed of 15 members, of which— (1) four shall be individuals who own or oper- ate an organic farming operation, or employ- ees of such individuals; (2) two shall be individuals who own or oper- ate an organic handling operation, or employ- ees of such individuals; (3) one shall be an individual who owns or operates a retail establishment with signifi- cant trade in organic products, or an employee of such individual; (4) three shall be individuals with expertise in areas of environmental protection and re- source conservation; (5) three shall be individuals who represent public interest or consumer interest groups; (6) one shall be an individual with expertise in the fields of toxicology, ecology, or bio- chemistry; and (7) one shall be an individual who is a certi- fying agent as identified under section 6515 of this title. (c) Appointment Not later than 180 days after November 28, 1990, the Secretary shall appoint the members of the Board under paragraph (1) through (6) of sub- section (b) (and under subsection (b)(7) at an ap- propriate date after the certification of individ- uals as certifying agents under section 6515 of this title) from nominations received from or- ganic certifying organizations, States, and other interested persons and organizations. (d) Term A member of the Board shall serve for a term of 5 years, except that the Secretary shall ap- point the original members of the Board for staggered terms. A member cannot serve con- secutive terms unless such member served an original term that was less than 5 years. (e) Meetings The Secretary shall convene a meeting of the Board not later than 60 days after the appoint- ment of its members and shall convene subse- quent meetings on a periodic basis. (f) Compensation and expenses A member of the Board shall serve without compensation. While away from their homes or regular places of business on the business of the Board, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5 for persons employed intermittently in the Government service. (g) Chairperson The Board shall select a Chairperson for the Board. (h) Quorum A majority of the members of the Board shall constitute a quorum for the purpose of con- ducting business. (i) Decisive votes (1) In general 2⁄3 of the votes cast at a meeting of the Board at which a quorum is present shall be decisive of any motion. (2) National list Any vote on a motion proposing to amend the national list shall be considered to be a de- cisive vote that requires 2⁄3 of the votes cast at a meeting of the Board at which a quorum is present to prevail. (j) Other terms and conditions The Secretary shall authorize the Board to hire a staff director and shall detail staff of the Department of Agriculture or allow for the hir- ing of staff and may, subject to necessary appro- priations, pay necessary expenses incurred by such Board in carrying out the provisions of this chapter, as determined appropriate by the Sec- retary. (k) Responsibilities of Board (1) In general The Board shall provide recommendations to the Secretary regarding the implementation of this chapter. (2) National List The Board shall develop the proposed Na- tional List or proposed amendments to the Na- tional List for submission to the Secretary in accordance with section 6517 of this title. (3) Technical advisory panels The Board shall convene technical advisory panels to provide scientific evaluation of the materials considered for inclusion in the Na- tional List. Such panels may include experts in agronomy, entomology, health sciences and other relevant disciplines. (4) Special review of botanical pesticides The Board shall, prior to the establishment of the National List, review all botanical pes- ticides used in agricultural production and consider whether any such botanical pesticide should be included in the list of prohibited natural substances. (5) Product residue testing The Board shall advise the Secretary con- cerning the testing of organically produced ag-