The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has proposed amending the National List of Allowed and Prohibited Substances to change annotations pertaining to the use of peracetic acid in organic crop production and the use of potassium hydroxide, silicon dioxide and betacarotene extract color in organic handling. Following the recommendation of the National Organic Standards Board, AMS has also proposed removing non-organic annatto extract color from the list of approved substances for organic handling.

In particular, AMS has requested comments that (i) “identify any formulated
hydrogen peroxide products labeled for agriculture use that contain more
than 5% peracetic acid,” and (ii) “describe whether product reformulation will
be necessary to comply with the proposed amendment for silicon dioxide at
section 205.605(b) and the proposed removal of annatto extract color from
section 206.606.” The agency has requested comments on the proposed
amendments by March 7, 2013. See Federal Register, February 5, 2013.

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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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