§ 6517. National List

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Organic Foods Production Act of 1990

   Pub. L. 101–624 title XXI § 2118 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6517

   Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946

   Source evidence

   Code source credit
   Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946

   Enacted provision · exact public law section
   SEC. 2118. NATIONAL LIST. (a) In General.— The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under this title in order for such products to be sold or labeled as organically produced under this title. (b) Content of List.— The list established under subsection (a) shall contain an itemization, by specific use or application, of each synthetic substance permitted under subsection (c)(1) or each natural substance prohibited under subsection (c)(2). (c) Guidelines for Prohibitions or Exemptions.— (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 title 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 paraciticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; (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; or (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). (2) Prohibition on the use of specific natural substances.— The National List may prohibit the use of specific natural substances in an organic farming or handling operation that are otherwise allowed under this title 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 be harmful to human health or the environment; and (ii) is inconsistent with organic farming or handling, and the purposes of this title; and (B) the specific prohibition is developed using the procedures specified in subsection (d). (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 Federal Register, publication. 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 Federal Register, publication. 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. (e) Sunset Provision.— No exemption or prohibition contained in the National List shall be valid unless the National Organic Standards Board has reviewed such exemption or prohibition as provided in this section within 5 years of such exemption or prohibition being adopted or reviewed and the Secretary has renewed such exemption or prohibition.

2. 1991

   Pub. L. 102–237 title X § 1001(6) · 105 Stat. 1818

   Substituted · 7 U.S.C. § 6517(c)(1)(B)(i)

   Pub. L. 102–237 substituted “parasiticides” for “paraciticides”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B)(i). Pub. L. 102–237 substituted “parasiticides” for “paraciticides”.

   Enacted provision · exact public law section
   (6) in section 2118(c)(1)(B)(i) (7 U.S.C. 6517(c)(1)(B)(i)), by striking “paraciticides” and inserting “parasiticides”; and

3. 2005

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

   Pub. L. 109–97 § 797(b)(1)(A) · 119 Stat. 2120

   Inserted · 7 U.S.C. § 6517(c)(1)

   Pub. L. 109–97, § 797(b)(1)(A), inserted “in organic production and handling operations” after “substances” in heading

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 109–97, § 797(b)(1)(A), inserted “in organic production and handling operations” after “substances” in heading.

   Enacted provision · exact public law section
   (A) in the paragraph heading, by inserting “in organic production and handling operations” after “substances”;

4. 2005

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

   Pub. L. 109–97 § 797(b)(1)(B) · 119 Stat. 2120

   Struck · 7 U.S.C. § 6517(c)(1)(B)(iii)

   Pub. L. 109–97, § 797(b)(1)(B), (C), struck out cl. (iii) which read as follows: “is used in handling and is non-synthetic but is not organically produced; and”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B)(iii). Pub. L. 109–97, § 797(b)(1)(B), (C), struck out cl. (iii) which read as follows: “is used in handling and is non-synthetic but is not organically produced; and”.

   Enacted provision · exact public law section
   (B) in subparagraph (B)— (i) in clause (i), by inserting “or” at the end; and (ii) in clause (ii), by striking “or” at the end and inserting “and”; and

5. 2005

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

   Pub. L. 109–97 § 797(b)(2) · 119 Stat. 2120

   Added · 7 U.S.C. § 6517(d)(6)

   Pub. L. 109–97, § 797(b)(2), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (d)(6). Pub. L. 109–97, § 797(b)(2), added par. (6).

   Enacted provision · exact public law section
   (2) in subsection (d), by adding at the end the following: “(6) Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product.— The Secretary may develop emergency procedures for designating agricultural products that are commercially unavailable in organic form for placement on the National List for a period of time not to exceed 12 months.” .

5 of 5 references resolved to an enrolled provision