Federal Register: May 15, 2007 (Volume 72, Number 93)

DOCID: fr15my07-11 FR Doc 07-2388

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

CFR Citation: 7 CFR Part 205

Docket ID: [Docket No. AMS-TM-07-0062; TM-07-06]

RIN ID: RIN 0581-AC71

NOTICE: PROPOSED RULES

DOCID: fr15my07-11

ACTION: National Organic Program:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

National Organic Program (NOP)--Proposed Amendments to the National List of Allowed and Prohibited Substances (Processing)

DATES: Comments must be received by May 22, 2007.

DOCUMENT SUMMARY:

This proposed rule proposes to amend the Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to enact recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) during public meetings held May 68, 2002, in Austin, Texas, and March 2729, 2007, in Washington, DC. Consistent with the NOSB recommendations, this proposed rule proposes to add 38 substances, along with any restrictive annotations, to the National List regulations.

SUMMARY:

Allowed and prohibited substances; national list,

SUPPLEMENTAL INFORMATION

I. Background

The Organic Foods Production Act of 1990 (OFPA), as amended, (7 U.S.C. 6501 et seq.), authorizes the establishment of the NOP regulations. On December 21, 2000, the Secretary established, within the NOP (7 CFR part 205), the National List regulations Sec. Sec. 205.600 through 205.607. This National List identifies the synthetic substances that may be used and the nonsynthetic substances that may not be used in organic production. The National List also identifies synthetic, nonsynthetic and nonorganic substances that may be used in organic handling. The OFPA and NOP regulations, in Sec. 205.105, specifically prohibit the use of any synthetic substance for organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic, non synthetic substance used in organic handling must also be on the National List.

Until recently, producers, handlers and certifying agents may have misinterpreted National List regulations Sec. 205.606 to mean that any nonorganic agricultural product which was determined by an accredited certifying agent to be not commercially available in organic form could be used in organic products, without being individually listed pursuant to the National List procedures. In January 2005, the First Circuit Court of Appeal's decision in Harvey v. Johanns found that such an interpretation is contrary to the plain meaning of the OFPA and held that 7 CFR 205.606 shall not be interpreted to create a blanket exemption to the National List requirements specified in Sec. Sec. 6517 and 6518 of the OFPA (7 U.S.C. 65176518). Thereafter, consistent with the district court's final judgment and order, dated June 9, 2005, on July 1, 2005, the NOP published a notice regarding Sec. 205.606 (70 FR 38090), and on June 7, 2006, published a final rule (71 FR 32803) revising Sec. 205.606 to clarify that the section shall be interpreted to permit the use of a nonorganically produced agricultural product only when the product has been listed in Sec. 205.606 pursuant to National List procedures, and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available. As a result, any nonorganic agricultural substances that are being used in organic products that are not specifically listed in Sec. 205.606 pursuant to National List procedures will render currently certified products in noncompliance when the district court's final order and judgment on Harvey v. Johanns becomes fully effective on June 9, 2007.

Under the authority of OFPA and the NOP regulations, the National List can be amended by the Secretary based upon proposed amendments developed by the NOSB through the National List petition process. This proposed rule proposes to amend the National List regulations to enact recommendations submitted to the Secretary by the NOSB during public meetings held May 68, 2002, and March 2729, 2007. In these time periods, the NOSB has recommended that the Secretary add 38 substances to Sec. 205.606, along with any restrictive annotations, to the National List regulations.

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A 7day comment period has been deemed appropriate to allow interested persons to respond to this proposed rule. Seven days is deemed appropriate because under the NOP regulations (7 CFR part 205.606) the allowed use of these 38 substances, pursuant to the district court's final order and judgment on Harvey v. Johanns, will expire on June 9, 2007. A 7day comment period will help avoid lapses in the eligibility of the petitioned substances to be used in organic handling. Additionally, interested persons have already been provided with 30 days of public comment on these 38 substances in advance of the NOSB meetings held May 68, 2002, and March 2729, 2007. The NOSB considered these comments during their reviews and concluded that the petitioners had provided sufficient evidence for adding these 38 substances to the National List. Final rulemaking to allow the use of these 38 petitioned substances, if adopted, should be completed before June 9, 2007. Any comments that are received timely will be considered before final determinations are made on these petitioned substances. II. Overview of Proposed Amendments

The following provides an overview of the proposed amendments to designated sections of the National List regulations.
Section 205.606 Nonorganically Produced Agricultural Products Allowed as Ingredients in or on Processed Products Labeled as ``Organic''

This proposed rule would amend Sec. 205.606 of the National List regulations by adding the following substances:

Color Ingredients From Agricultural Products

Annatto extract color, (pigment CAS 1393631). Annatto extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Annatto extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by the Food and Drug Administration (FDA) (21 CFR 73.30). Depending on the concentration used, annatto extract color adds a deep orange to light yellow color to foods. Annatto extract color is a liquid derived from physical or oil extraction of annatto seeds (Bixaceae bixa orellana). The major pigments in annatto extract color are classified as Carotenoids which are insoluble in water, partially soluble in ethanol, and soluble in vegetable oils. Fruit and vegetable extracts containing Carotenoids are heat and light sensitive, but also display antioxidant properties that may be beneficial to human health.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding annatto extract color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of annatto extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated annatto extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that annatto extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of annatto extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow annatto extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Beet juice extract color, (pigment CAS 7659952). Beet juice extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Beet juice extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.40). Depending on the beet source, concentration used and pH, beet juice extract color adds a yellow, red or pink color to foods. Beet juice extract color is a liquid derived from beets (Amaranthaceae beta vulgaris) through aqueous and physical extraction. Powder forms are derived from drying extracts. The principle pigment in beet juice extract color is Betanin or beetroot red. This pigment is grouped in a class of pigments known as Betalains. These pigments are soluble in water, insoluble in ethanol, and are found only in a few plant families. Betalain pigments are well suited for use in low acid foods, complement Anthocyanin pigments in food coloring, and may have antioxidant capability that may be beneficial to human health.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding beet juice extract color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of beet juice extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated beet juice extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that beet juice extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of beet juice extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow beet juice extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

BetaCarotene extract color from carrots (CAS 1393631). BetaCarotene extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' BetaCarotene extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.95). Depending on the concentration used, BetaCarotene extract color adds a deep orange to light yellow color to foods. BetaCarotene extract color is a liquid derived from carrots (Apiaceae daucus carota) through physical extraction in vegetable oil. The final extract product is a dark orange viscous concentrate. The major pigments in BetaCarotene extract color are Carotenoids.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding BetaCarotene extract color from carrots to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of BetaCarotene extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated BetaCarotene extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that BetaCarotene extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of BetaCarotene extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Beta Carotene extract color from carrots as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

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Black currant juice color (pigment CAS 's: 528585, 528 530, 643845, 134010, 1429307, and 134043). Black currant juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Black currant juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, Black currant juice color adds a bright red to bluepurple color to foods. Black currant juice color is a liquid derived from black currant fruit (Grossulariaceae ribes nigrum) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in Black currant juice color are classified as Anthocyanins which are soluble in water. Anthocyanins are polyphenolic natural pigments that are present in many plant species and frequently occur as glycosides in various combinations that produce colors such as orange, red, blue or purple. Fruit and vegetable extracts containing Anthocyanins are usually stable to UV light and temperature, but are sensitive to the presence of oxygen or metal ions such as iron or aluminum. Anthocyanin pigments may have increased color intensity and stability in moderately acidic solutions.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding Black currant juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of Black currant juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Black currant juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Black currant juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of Black currant juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Black currant juice color as a non organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Black/Purple carrot juice color (pigment CAS 's: 528585, 528530, 643845, 134010, 1429307, and 134043). Black/Purple carrot juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Black/ Purple carrot juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.300). Depending on the concentration used, black/purple carrot juice color adds a deep bluepurpleblack color to foods. Black/Purple carrot juice color is a liquid extract derived from black or purple carrots (Apiaceae daucus carota) through aqueous and physical extraction. Powder forms are derived from drying extracts. The pigments in black/purple carrot juice color are water soluble Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding black/purple carrot juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of black/purple carrot juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated black/purple carrot juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that black/purple carrot juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of black/purple carrot juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow black/purple carrot juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Blueberry juice color (pigment CAS 's: 528585, 528530, 643845, 134010, 1429307, and 134043). Blueberry juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Blueberry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, Blueberry juice color adds a blue to red color to foods. Blueberry juice color is a liquid derived from blueberry fruit (Vaccinium cyanococcus) through physical extraction. The major pigments in Blueberry juice color are water soluble Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding Blueberry juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of Blueberry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Blueberry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Blueberry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of Blueberry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Blueberry juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Carrot juice color, (pigment CAS 1393631). Carrot juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Carrot juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.300). Depending on the concentration used, Carrot juice color adds a deep organic to light yellow color to foods. Carrot juice color is a liquid derived from carrots (Apiaceae daucus carota) through physical extraction. The major pigments in Carrot juice color are Carotenoids.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding Carrot juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of Carrot juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated Carrot juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Carrot juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of Carrot juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow Carrot juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

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Cherry juice color, (pigment CAS 's: 528585, 528530, 643845, 134010, 1429307, and 134043). Cherry juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Cherry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used and solution pH, cherry juice color adds a pink to bluered color to foods. Cherry juice color is a liquid derived from cherry fruit (Prunus cerasus L.) through aqueous and physical extraction. The major pigments in Cherry juice color are water soluble Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding cherry juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of cherry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated cherry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that cherry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of cherry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow cherry juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

ChokeberryAronia juice color (pigment CAS 's: 528585, 528530, 643845, 134010, 1429307, and 134043). Chokeberry
Aronia juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' ChokeberryAronia juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, chokeberryaronia juice color adds a bright red to bluepurple color to foods. Chokeberryaronia juice color is a liquid derived from the chokeberry fruit (Grossulariaceae ribes nigrum) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in chokeberryaronia juice color are Anthocynanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding chokeberryaronia juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of chokeberryaronia juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated chokeberryaronia juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that chokeberryaronia juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of chokeberry aronia juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow chokeberry aronia juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Elderberry juice color (pigment CAS 's: 528585, 52853 0, 643845, 134010, 1429307, and 134043). Elderberry juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Elderberry juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, elderberry juice color adds a bright red to bluepurple color to foods. Elderberry juice color is a liquid derived from elderberry fruit (Adoxaceae sambucus nigra) through aqueous and physical extraction. The major pigments in elderberry juice color are Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding elderberry juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of elderberry juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated elderberry juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that elderberry juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of elderberry juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow elderberry juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Grape juice color (pigment CAS 's: 528585, 528530, 643845, 134010, 1429307, and 134043). Grape juice Color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Grape juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.169). Depending on the concentration used, grape juice color adds a bright pink to deep red color to foods. Grape juice color is a liquid derived from grape fruit (Vitaceae vitis vinifera) through aqueous and physical extraction. The major pigments in grape juice color are Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding grape juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of grape juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated grape juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that grape juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of grape juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow grape juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Grape skin extract color (pigment CAS 's: 528585, 528 530, 643845, 134010, 1429307, and 134043). Grape skin extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Grape skin extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.170). Depending on the concentration used, grape skin extract color adds a pink to deep purple color to foods. Grape skin extract color is a liquid derived from grape fruit (Vitaceae vitis vinifera) through aqueous and physical extraction. Powder forms are
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derived from drying extracts. The major pigments in grape skin extract color are Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding grape skin extract color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of grape skin extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated grape skin extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that grape skin extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of grape skin extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow grape skin extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Paprika colordried powder and vegetable oil extract, (CAS 68917782). Paprika color was petitioned for use as a non organic agricultural ingredient in or on processed products labeled as ``organic.'' Paprika color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.340 and 73.345). Depending on the concentration used, Paprika color adds a yellow orange to red orange color to foods. Paprika color is a ground dried powder or vegetable oil extracted liquid derived from Capsicium peppers (Capsicum annuum L.). The principle coloring components of paprika color are considered to be Carotenoids that are identified as Capsanthgin and Capsorubin.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding paprika color, dried powder and vegetable oil extract, to the National List for use in organic handling as a non organic agricultural ingredient when the organic form of paprika color, dried powder and vegetable oil extract, is considered commercially unavailable. In this open meeting, the NOSB evaluated paprika color, dried powder and vegetable oil extract, against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that paprika color, dried powder and vegetable oil extract, is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of paprika color, dried powder and vegetable oil extract, in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow paprika color, dried powder and vegetable oil extract, as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Pumpkin juice color, (pigment CAS 127402). Pumpkin juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Pumpkin juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.250). Depending on the concentration used, pumpkin juice color adds a yellow to orange red color to foods. Pumpkin juice color is a liquid derived from pumpkin fruit (Concurbita L.) through physical extraction and effluent concentration. The major pigments in pumpkin juice color are Carotenoids.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding pumpkin juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of pumpkin juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated pumpkin juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that pumpkin juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of pumpkin juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow pumpkin juice color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Purple potato juice color, (pigment CAS 's: 528585, 528 530, 643845, 134010, 1429307, and 134043). Purple potato juice color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Purple potato juice color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on solution pH and the concentration used, Purple potato juice color adds a pink to purple color to foods. Purple potato juice color is a liquid derived from purple potatoes (Ipomoea batatas L.) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in purple potato juice color are Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding purple potato juice color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of purple potato juice color is considered commercially unavailable. In this open meeting, the NOSB evaluated purple potato juice color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that purple potato juice color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of purple potato juice color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow purple potato juice color as a non organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Red cabbage extract color (pigment CAS 's: 528585, 528 530, 643845, 134010, 1429307, and 134043). Red cabbage extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Red cabbage extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on the concentration used, red cabbage extract color adds a red or pink color to foods. Red cabbage extract color is a liquid derived from red cabbage (Brassicadeae brissica oleracea) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in red cabbage extract color are Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding red cabbage extract color to the National List for use in organic handling as a nonorganic
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agricultural ingredient when the organic form of red cabbage extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated red cabbage extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that Red cabbage extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of red cabbage extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow red cabbage extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Red radish extract color (pigment CAS 's: 528585, 528 530, 643845, 134010, 1429307, and 134043). Red radish extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Red radish extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.260). Depending on the concentration used, red radish extract color adds a red to pink color to foods. Red radish extract color is a liquid derived from red radish (Brassicaceae raphinus sativus) through aqueous and physical extraction. Powder forms are derived from drying extracts. The major pigments in red radish extract color are water soluble Anthocyanins.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding red radish extract color to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of red radish extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated red radish extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that red radish extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of red radish extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow red radish extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Saffron extract color (pigment CAS 1393631). Saffron extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Saffron extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.500). Depending on the concentration used, saffron extract color adds a bright yellow to orange color to foods. Saffron extract color is a powder derived from stigmas of the Autumn Crocus blossoms (Crocus sativus) that are dried and ground. The predominant color pigment in saffron extract color is Crocin, a tetraterpene Carotenoid.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding saffron extract color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of saffron extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated saffron extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that saffron extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of saffron extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow saffron extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Turmeric extract color, (CAS 458377). Turmeric extract color was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Turmeric extract color is used as a natural color additive in a variety of foods. Its use as a color additive in food products is regulated by FDA (21 CFR 73.600). Depending on the concentration used, turmeric extract color adds a bright yellow color to foods. Turmeric extract color is a liquid derived from the rhizomes of the plant Curcuma longa, a member of the ginger family Zingiberaceae, through physical extraction in vegetable oil. The major pigments in turmeric extract color are Curcumunoids which are reported to be strong antioxidants.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding turmeric extract color to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of turmeric extract color is considered commercially unavailable. In this open meeting, the NOSB evaluated turmeric extract color against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that turmeric extract color is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of turmeric extract color in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow turmeric extract color as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Ingredients or Processing Aids From Agricultural Products

Casings, from processed intestines (no CAS ). Casings, from processed intestines was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Casings from processed intestines are used as sheaths in the manufacture of sausage and a variety of other meat products. Its use in the manufacture of meat products is regulated by the USDA (9 CFR parts 317 and 38). Casings are derived from processed intestines primarily from the bovine, ovine or porcine animal species. The justification for adding nonorganic casings to the National List is based upon insufficient availability of processed intestines from organically produced animals.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding casings from processed intestines to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of casings is considered commercially unavailable. In this open meeting, the NOSB evaluated casings from processed intestines against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that casings from processed intestines is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of casings from [[Page 27258]]
processed intestines in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow casings from processed intestines as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Celery powder (No CAS ). Celery powder was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' This substance is used on meat products to facilitate the natural curing of meat. Its general use in food products is regulated by FDA (21 CFR 182.10). When applied to meat products, celery powder provides a concentrated source of nitrate that is converted to nitrite by reacting with myoglobin, a component in the meat tissue. This curing process inhibits growth of undesirable microorganisms, retains color and preserves the flavors of meats. Celery powder is a light green powder obtained from processing celery plant tissue by cutting, grinding, drying, pulping, or similar processing of tissues as described under FDA (21 CFR 101.22).

At its March 2729, 2007 meeting in Washington, DC, the NOSB recommended adding celery powder to the National List for use in organic handling as a nonorganic agricultural ingredient when the organic form of celery powder is considered commercially unavailable. In this open meeting, the NOSB evaluated celery powder against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that celery powder is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of celery powder in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow celery powder as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Chia (Salvia hispanica L.) (no CAS ). Chia was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Chia is used as an ingredient in a variety of foods such as baked goods and beverages. Its use in food products is regulated by FDA (21 CFR 182.10). Chia is an annual herb grown in Central America, considered to be gluten free, provides both soluble and insoluble dietary fiber, and is a good source of omega3 fatty acids. In some regions, chia is primarily cultivated for its seeds which are known to have a high concentration of omega3 fatty acids.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding chia to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of chia is considered commercially unavailable. In this open meeting, the NOSB evaluated chia against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that chia is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of chia in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow chia as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Dillweed oil, (CAS 8006755). Dillweed oil was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Dillweed oil is used as a flavoring agent in organic dill pickle production. The flavor and aroma components of dillweed oil are attributed to substances classified as MonoterpenesCarvone, Limonene and Phellandrene. Dillweed oil is a colorless to pale yellow or yellow clear liquid that is insoluble in water and its use in food products is regulated by FDA (21 CFR 184.1282). After harvest, the dillweed plant (Anethum graveolens) is steam distilled and the dillweed oil is collected in the condensate. This oil is then standardized to achieve the desired flavor properties.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding dillweed oil to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of dillweed oil is considered commercially unavailable. In this open meeting, the NOSB evaluated dillweed oil against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that dillweed oil is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of dillweed oil in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow dillweed oil as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Fish oil (Fatty acid CAS 's: 10417944, and 25167628). Fish oil was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Fish oil is used as an ingredient in a variety of foods such as baked goods, cereals, cheese products, and soups. Its use in food products is regulated by FDA (21 CFR 184). A primary purpose for adding fish oil as an ingredient to foods is to elevate the omega3 fatty acid content of foods. Fish oil is a mixture of fatty acids with two omega3 fatty acids, Eicosapentaenoic acid and Docosahexaenoic acid as the principle fatty acid components. It is a liquid that is extracted and refined from fish byproduct sourced from high fat containing fish species such as salmon, tuna, anchovy and sardines.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding fish oil to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of fish oil is considered commercially unavailable. In this open meeting, the NOSB evaluated fish oil against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that fish oil is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of fish oil in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow fish oil as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Fructooligosaccharides (CAS 308066662). Fructooligosaccharides was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Fructooligosaccharides is used as an ingredient in a variety of food products. Its use in food products is regulated by FDA (21 CFR 172.892). A primary purpose for adding fructooligosaccharides as an ingredient to foods is to serve as a bulking agent by providing prebiotic fiber to foods. Fructooligosaccharides are naturally present in several vegetables, fruits and
[[Page 27259]]
grains that may be components of standard diets. This substance is commercially produced by subjecting sucrose to heated fermentation with an Aspergillus japonicus derived enzyme. The inclusion of this non digestible carbohydrate is thought to promote a more favorable intestinal microbial composition which may be beneficial to human health.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding fructooligosaccharides to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of fructooligosaccharides is considered commercially unavailable. In this open meeting, the NOSB evaluated
fructooligosaccharides against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that fructooligosaccharides is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of fructooligosaccharides in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow fructooligosaccharides as a non organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Galangalfrozen (no CAS ). Galangalfrozen, was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Galangal is used as a flavoring ingredient in a variety of foods. Its use as an ingredient in food products is regulated by FDA (21 CFR 182.10). The essential oils (aroma components) and flavoring capacity of galangal varies with the source of galangal. Fresh or frozen galangal provides more of the aroma essential oils and flavoring capacity compared to dried galangal. Galangal is derived from knobby galanga rhizome or rootstock (Alpina galanga, Alpina officinarum). It is a gingerlike rootstock with an orangebrown or pale red surface and woody texture.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding frozen galangal to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of frozen galangal is considered commercially unavailable. In this open meeting, the NOSB evaluated frozen galangal against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that frozen galangal is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of frozen galangal, in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow frozen galangal, as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Gelatin (CAS 9000708). Gelatin was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Gelatin is used as a stabilizer, thickener, or texturizer in a variety of foods. It can also be used as a processing aid such as a beverage clarifier, or as a protective coating or container for substances. Gelatin is considered to be a generally recognized as safe (GRAS) substance as provided by FDA (21 CFR 170). It can be manufactured from several different types of naturally derived collagen that is subjected to partial hydrolysis and extraction procedures. Gelatin is a heterogeneous mixture of high molecular weight water soluble proteins. It is a colorless, tasteless, odorless and considerably transparent substance that binds with water and swells to form a gelatinous product.

At its May 68, 2002, meeting in Austin, Texas, the NOSB recommended adding gelatin to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of gelatin is considered commercially unavailable. In this open meeting, the NOSB evaluated gelatin against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed its commercial availability, received public comment, and concluded that gelatin is consistent with OFPA evaluation criteria and not commercially available in organic form. Therefore, in response to the NOSB recommendation regarding the use of gelatin in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow gelatin as a nonorganically produced agricultural product allowed as an ingredients in or on processed products labeled as ``organic.''

Hops (Humulus lupulus). Hops was petitioned for use as a non organic agricultural ingredient in or on processed products labeled as ``organic.'' Hops are a primary ingredient used in brewing beer. Several varieties of hops are used in the manufacture of beer products. Although the final brewing product is regulated by the Bureau of Alcohol, Tobacco & Firearms, hops are processed and packaged according to FDA (21 CFR 110), Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food. As used for the brewing process, hops form varieties include whole hops, hop pellets, hop powder pellets, modified hop powder pellets or hops extract. Hops contribute unique flavors and aroma to brewing, and may serve as a natural stabilizer. While hops are grown in diverse agricultural regions, hop varieties vary in flavor and aroma characteristics, and are selected based upon the unique characteristics contributed to brewing. Due to these unique characteristics that are contributed to a specific brewing process, brewers cannot interchange hop varieties should a selected variety be commercially unavailable without significant changes in the final product.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding hops to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of hops is considered commercially unavailable. In this open meeting, the NOSB evaluated hops against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that hops is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of hops in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow hops as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Inulin, oligofructose enriched, (CAS 9005805). Oligofructose enriched inulin was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Oligofructose enriched inulin is used as an ingredient in a variety of foods. It is considered to be a GRAS substance and its use in food products is regulated by FDA (21 CFR 172.892). A primary purpose for adding oligofructose enriched inulin as an ingredient to foods is to add soluble dietary fiber, and provide texture and consistency to food products. Oligofructose enriched inulin is derived [[Page 27260]]
from inulin which is a polymer of naturally occurring oligosaccharide produced in many types of plants. Inulin is extracted from the root of the chicory plant (Cichorium intybus) by a hot water diffusion process. Subsequently, the extracted inulin is partially enzymatically hydrolyzed to yield oligofructose enriched inulin. The hydrolyzate is dried to a powder for application in foods. Enzyme hydrolyzation reduces the chemical chain length of the oligosaccharide polymer resulting in varying functional properties between inulin and the oligofructose enriched form. The shorter polymer chain length increases polymer solubility and facilitates product texture and consistency.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding oligofructose enriched inulin to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of oligofructose enriched inulin is considered commercially unavailable. In this open meeting, the NOSB evaluated oligofructose enriched inulin against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that oligofructose enriched inulin is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of oligofructose enriched inulin in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow oligofructose enriched inulin as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Konjac flour (CAS 37220170). Konjac flour was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Konjac flour is used as an ingredient in foods as a gelling agent, stabilizer, thickener, fat replacer, and similar technological functions. Its use as an ingredient in nonmeat food products is regulated by FDA (21 CFR 170) and its use in meat products is regulated by USDA Food Safety Inspection Service (FSIS) (9 CFR 381). Konjac flour is a dried powder derived from aqueous and physical extraction of the glucomannan polysaccharide (mannose and glucose units) from ground elephant yam (Amorphophallu) tuber (root). The polysaccharide in konjac flour has a large molecular weight and can have a high rate of hydration leading to increased viscosity of foods when included as an ingredient. The degree of water gelling with konjac flour is a function of the presence of acetyl groups within the glucomannan molecule. Deacetylation of the molecule in the presence of a weak base allows formation of stable gels.

At its May 68, 2002, meeting in Austin, Texas, the NOSB recommended adding konjac flour to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of konjac flour is considered commercially unavailable. In this open meeting, the NOSB evaluated konjac flour against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed its commercial availability, received public comment, and concluded that konjac flour is consistent with OFPA evaluation criteria and not commercially available in organic form. Therefore, in response to the NOSB recommendation regarding the use of konjac flour in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow konjac flour as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Lemongrass, frozen (no CAS ). Lemongrass, frozen was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Frozen lemongrass is used as a distinct citrus flavoring agent in a variety of foods. Its use in food products is regulated by FDA (21 CFR 182.10). The flavor component of frozen lemongrass is attributed to an oil substance classified as a Terpenoid, Citral, also known as Lemonal. Lemongrass (Cymbopogon citratus) is an aromatic plant with long slender blades grown in warm temperate and tropical regions. When added to foods, the edible portion of the plant is usually sliced or bruised to release the lemongrass oil. Dried/powdered lemongrass sources may not provide the flavor potential as either fresh or frozen lemongrass.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding frozen lemongrass to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of frozen lemongrass is considered commercially unavailable. In this open meeting, the NOSB evaluated frozen lemongrass against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that frozen lemongrass is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB
recommendation regarding the use of frozen lemongrass in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow frozen lemongrass as a nonorganically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

Orange shellac, unbleached (CAS 9000593). Unbleached orange shellac was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Unbleached orange shellac is used principally as a coating agent and as a glazing or polishing agent on fruits and vegetables. It may also be used as a color dilutent or as an ingredient for the glazing of confectionary products. Its use as an ingredient or processing aid is regulated by FDA (21 CFR 184). Unbleached orange shellac is a hard, durable, amorphous resin that is semiimpermeable to water. It is used in combination with other ingredients in coatings on fruits and vegetables to limit water loss and reduce gas exchange (natural ethylene) resulting from fruit or vegetable ripening. Unbleached orange shellac is a mixture of resins derived from secretions of the Lac insect (Laccifer lacca Kerr) that are collected from resiniferous trees and bushes, and further processed to yield shellac.

At its May 68, 2002, meeting in Austin, Texas, the NOSB recommended adding unbleached orange shellac to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of unbleached orange shellac is considered commercially unavailable. In this open meeting, the NOSB evaluated unbleached orange shellac against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA, assessed its commercial availability, received public comment, and concluded that unbleached orange shellac is consistent with OFPA evaluation criteria and not commercially available in organic form. Therefore, in response to the NOSB recommendation regarding the use of unbleached orange shellac in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulations to allow unbleached orange shellac as a non organically produced agricultural product allowed as an ingredient in or on processed products labeled as ``organic.''

[[Page 27261]]

Pepper, chipotle chile (no CAS ). Chipotle chile pepper was petitioned for use as a nonorganic agricultural ingredient in or on processed products labeled as ``organic.'' Its use in food products is regulated by FDA (21 CFR 182.1). Chipotle chile pepper is used as a flavoring agent in a variety of food products. Chipotle chile peppers are smoke dried jalapeno chile peppers (Capsicum annuum) that are allowed to mature on the vine from a green to a red color. After harvest, the red chile peppers are slowly dried and smoked. Chipotle chile peppers are considered to have a sweet, smoky flavor with a strong degree of ``hotness'' or spiciness. Spiciness is a function of the concentration of Capsicum, a chemical that stimulates
thermoreceptor nerve endings in the skin. Authentic chipotle chile peppers are produced primarily in Mexico. Chile pepper varieties that are produced in other regions reportedly provide less flavoring or different flavoring.

At its March 2729, 2007, meeting in Washington, DC, the NOSB recommended adding chipotle chile pepper to the National List for use in organic handling as a nonorganic agricultural ingredient where the organic form of chipotle chile pepper is considered commercially unavailable. In this open meeting, the NOSB evaluated chipotle chile pepper against evaluation criteria established by 7 U.S.C. 6517 and 6518 of the OFPA and NOP criteria (72 FR 2167) on commercial availability, received public comment, and concluded that chipotle chile pepper is consistent with OFPA evaluation criteria and NOP commercial availability criteria. Therefore, in response to the NOSB recommendation regarding the use of chipotle chile pepper in organic handling, the Secretary proposes to amend Sec. 205.606 of the National List regulati

FOR FURTHER INFORMATION CONTACT

Robert Pooler, Agricultural Marketing Specialist or Valerie Frances, NOSB Executive Director, National Organic Program, USDA/AMS/TM/NOP, Room 4008So., Ag Stop 0268, 1400 Independence Ave., SW., Washington, DC 20250. Phone: (202) 7203252.

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