The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a final rule addressing the recommendations submitted by the National Organic Standards Board (NOSB) as part of the 2013 sunset review of substances on USDA’s National List of Allowed and Prohibited Substances (the National List), which governs the use of synthetic and non-synthetic substances in organic crop and livestock production and handling. In addition to renewing for five years multiple exemptions (uses) and one prohibition on the National List in accordance with NOSB’s recommendations, AMS has removed an exemption for the synthetic form of tartaric acid made from malic acid, thus prohibiting its use in organic handling.

Effective November 3, 2013, the final rule also includes the agency’s response
to comments on the renewals of two synthetic substances—EPA List 3 Inerts
and cellulose—and one non-synthetic substance—carrageenan—that are
currently permitted in organic crop production, handling and processing. In
particular, AMS noted that “both commenters [sic] and the [Food and Drug
Administration] have identified many deficiencies in the literature regarding
the gastrointestinal toxicity of carrageenan, concluding that there is no
information clearly demonstrating that there is evidence for a carcinogenic
effect for food grade carrageenan use in foods or infant formula.” See Federal
Register, October 3, 2013.

 

Issue 499

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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