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USDA/AMS RIN: 0581-AE16 Publication ID: Spring 2022 
Title: ●National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances per October 2021 and April 2022 NOSB Recommendations (Crops) 

The National List identifies the synthetic substance allowances and the nonsynthetic substance prohibitions in organic crop and livestock production. It also identifies the nonorganic substances that may be used in or on processed organic products.

The three amendments in this proposed rule were submitted to the USDA by the National Organic Standards Board (NOSB). If finalized, the rule would:

1)      Reduce the amount of biobased content (i.e., derived from plants rather than petroleum) required in biodegradable mulch film products used in organic production. The current requirement is for 100 percent biobased content, and no products on the market meet this requirement. This rule would reduce the biobased content requirement to 80 percent to increase the likelihood that plastic film manufacturers will develop products that meet all requirements, thus opening new market opportunities;

2)      Reinstate a listing for sodium nitrate on the National List and resolve confusion as to why the listing has remained on the National List since 2012, despite the fact it was not renewed as a prohibited natural during its sunset period in 2012. By reinstating the listing, the current regulatory listing would be validated, and regular reviews (sunset review) of the substance would resume as occurs with all other substances on the National List and as mandated by statute; and

3)      Prohibit natural stripped and concentrated ammonia products as well as limit the use of nitrogen fertilizers with a carbon-to-nitrogen ratio below 3:1. These amendments will prevent negative environmental effects and prevent product use that would be inconsistent with organic farming.

Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 205   
Legal Authority: 7 U.S.C. 6501 to 6524   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Erin Healy
Director, Standards Division, National Organic Program
Department of Agriculture
Agricultural Marketing Service
Washington, DC 20024
Phone:202 617-4942