March 23, 2015
TO: JPA Members
FROM: Patricia Faison
RE: JPA Regulatory Update: USDA National Organic Program (Input Requested by March 27, 2015)
JPA staff recently notified members that the next meeting of the National Organic Standards Board (NOSB) would be held April 27 – 30, 2015 in La Jolla, California. The meeting agenda is available here. It was noted that the NOSB would be reviewing, in part, substances on the National List of Allowed and Prohibited Substances (the National List) that will sunset (i.e., their use will expire) in 2016 and 2017. Substances on the National List must be reviewed every five years. In the past, JPA has submitted comments to the United States Department of Agriculture (USDA) regarding ingredients for use in organic juice and juice products and substances for use on organic crops.
This communication focuses only on those substances to be reviewed by the NOSB Handling Subcommittee and Crops Subcommittee.
Substances for Review by the Handling Subcommittee
The Handling Subcommittee is charged with determining which substances are permitted and prohibited in organic foods or foods made with organic ingredients. Complete details regarding the substances for review are available here.
Petitions have been submitted to the NOSB for the following substances:
Whole algal flour – a petition has been submitted to add this ingredient to the National List. According to the petitioner, whole algal flour is “used as either a partial replacement for food ingredients that provide dietary fat and/or protein such as cream, milk, eggs/egg yolks, and/or butter/shortening in baked goods, beverages, dairy and egg products, sauces, gravies, margarines, salad dressings, and soups or as an added ingredient for texture and mouth feel enhancement.”
Glycerin – petition to remove glycerin from the National List as glycerin produced from organic starting materials is now available.
Triethyl citrate – is being petitioned for addition to the National List as a food additive for stabilizing foams, specifically as a whipping enhancer for organic egg whites during processing.
Ammonium hydroxide and polyalkylene glycol monobutyl ether - petitioned for use as boiler water additives.
Substances Subject to Sunset in 2016
The substances below are currently on the National List and will be reviewed by the NOSB.
7 Code of Federal Regulations (CFR) Section 205.605 Nonagricultural (Nonorganic) Substances Allowed as Ingredients In or on Processed Products Labeled as "Organic" or "Made With Organic (Specified Ingredients or Food Group(s))”
Nonsynthetic substances: Egg white lysozyme (processing aid and preservative); L-Malic Acid (flavor enhancer, flavoring agent and adjuvant, and for pH control agent); Microorganisms (any food grade bacteria, fungi, and other microorganisms are allowed for use without restrictions in processing & handling).
Synthetic substances: Activated charcoal (for use as a filtering aid); Cyclohexylamine (boiler water additive); Diethylaminoethanol (boiler water additive); Octadecylamine (boiler water additive); Sodium acid pyrophosphate (for use as a leavening agent); Tetrasodium pyrophosphate (for use only in meat analog products); and Peracetic acid (for use as a sanitizer on food contact surfaces).
JPA previously submitted comments to the USDA requesting that L-Malic acid, activated charcoal, peroxyacetic acid, cyclohexylamine, diethylaminoethanol and octadecylamine be maintained on the National List. Attached is a copy of JPA’s January 2011 comments.
We believe JPA should submit similar comments to the USDA for consideration by the NOSB during the April 2015 meeting. If you disagree with this direction or have comments on other substances mentioned above, please submit your input to me by the close of business on March 27, 2015.
Substances Subject to Sunset in 2017
The NOSB will consider over 50 substances used as ingredients in organic products that are subject to sunset in 2017. See page vi of the agenda for the list of substances. Complete details are also available here. Attached are comments JPA submitted to the USDA in February 2012 urging the Agency to maintain a number of substances (e.g., citric acid, gums, perlite, nitrogen) on the National List used in organic juice and juice products. These substances are now subject to sunset in 2017. We believe JPA should submit similar comments to the USDA for consideration during the April 2015 meeting. If you disagree with this direction or have comments on other substances subject to the 2017 sunset review, please submit your input to me by the close of business on March 27, 2015.
Substances for Review by the Crops Subcommittee
The Crops Subcommittee is charged, in part, with providing recommendations related to the crop production section of the organic regulations, which includes review of materials used for crop production on the National List. Complete details regarding the substances for review by the Crops Subcommittee are available here.
Petitions have been submitted to the NOSB for the following substances:
Exhaust Gas – petitioned as a synthetic substance in organic crop production for underground rodent control.
Calcium Sulfate – the petition notes synthetic calcium sulfate would be applied to fields for use as a soil amendment.
3-decene-2-one – petitioned as a synthetic substance to prohibit sprouting in potatoes.
Crop Substances Subject to Sunset in 2016
Ferric Phosphate – currently on the National List as a slug or snail bait. A petition was earlier submitted to remove this substance from the National List. In 2012, NOSB voted not to remove ferric phosphate from the National List.
Hydrogen Chloride – for delinting cotton seed for planting.
Crop Substances Subject to Sunset in 2017
The NOSB will consider a variety of substances used on organic crops that are subject to sunset in 2017. See page 7 (incorrectly numbered as page ii) of the agenda for the list of synthetic substances allowed or prohibited for use in organic crop production. Complete details are also available here. Attached are comments JPA submitted to the USDA in February 2012 urging the Agency to maintain a number of substances on the National List used in organic crop production (e.g., elemental sulfur, pheromones, micronutrients). These substances are now subject to sunset in 2017. We believe JPA should submit similar comments to the USDA for consideration during the April 2015 meeting. If you disagree with this direction or have comments on other substances for review by the Crops Subcommittee, please submit your input to me by the close of business on March 27, 2015.
The deadline to submit comments to the USDA is April 7, 2015. Please do not hesitate to contact me with questions or comments.
Patricia Faison
(404)252-3663
pfaison@kellencompany.com
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