(1) Exemption for prohibited substances
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 IN ORGANIC PRODUCTION AND HANDLING
OPERATIONS--
(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
(iii) is used in handling and is non-synthetic but is
not organically produced; and
(C) the specific exemption is developed using the procedures described
in subsection (d) of this section.
* * *
(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