Page:United States Statutes at Large Volume 104 Part 5.djvu/624

 104 STAT. 3946 PUBLIC LAW 101-624—NOV. 28, 1990 7 USC 6517. 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)(l) 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-sjoithetic 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 SUB- STANCES.—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).

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