7 USC 6517 - National List

U.S Code last checked for updates: Nov 22, 2024

§ 6517.

National List

(a)

In general

(b)

Content of list

(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

(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

(2)

No additions

(3)

Prohibited substances

(4)

Notice and comment

(5)

Publication of National List

(6)

Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product

(e)

Sunset provision

(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.)

cite as: 7 USC 6517