USDA Amends The National List Of Allowed And Prohibited Substances For Livestock In The National Organic Program.

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The National Organic Program (NOP) is the regulatory program administered by USDA’s Agricultural Marketing Services agency that implements the Organic Foods Production Act of 1990, subsequently amended and its related regulations.

In addition to other activities, AMS manages the National List of Allowed and Prohibited Substances used on certified organic premises, which it recently amended.  See 83 FR 66559-01, 2018 WL 6788997 (F.R.) Dec, 27, 2018.

As published, the rule, effective on January 28, 2019:

changes the use restrictions for seventeen substances allowed for organic production or handling on the National List. This rule also adds sixteen new substances on the National List to be allowed in organic production or handling. In addition, this final rule lists the botanical pesticide, rotenone, as a prohibited substance in organic crop production. This final rule removes ivermectin as an allowed parasiticide for use in organic livestock production and amends our regulations to allow the use of parasiticides in fiber bearing animals. Finally, this rule inserts corrections of instructions and regulation text as listed in the proposed rule.

Three new substances, hypochlorous acid, magnesium oxide, and squid byproducts have been added as synthetic substances allowed for use in organic crop production.  7 CFR § 205.601

Specifically, as of the effective date:

  • Hypochlorous acid will be allowed for use as an algicide, disinfectant, and sanitizer.
  • Magnesium oxide will be allowed for use in controlling the viscosity of a clay suspension agent for humates.
  • Social soil testing an alternative verifiable methods, such as tissue testing when approved by the certifying agent, will be the only method for demonstrating a soil micronutrient deficiency.
  • Squid byproducts rom food waste processing only will be an allowed substance for use in organic crop production.
  • Rotenone will be added as a nonsynthetic substances prohibited for use in organic crop production.
  • Activated charcoal, calcium borogluconate, calcium propionate, hypochlorous acid, kaolin pectin, mineral oil, nutritive supplements—injectable vitamins, trace minerals and electrolytes, propylene glycol, acidified sodium chlorite, and zinc sulfate will be permitted as synthetic substances allowed for use in organic livestock production.

Activated charcoal and the other permitted substances in the last bullet point are important medical tools that provide medical relief to animals raised for food.

The rule also revises the list of approved and prohibited treatments for parasite control in food animals and fur-bearing animals.

The regulations permit the use of some parasiticides that can be used in organic livestock production when the following conditions exist:

(1) Emergency treatment for dairy and breeder stock only when preventive measures have failed; (2) a parasiticide withdrawal period before milk or milk products from treated animals can be sold as organic; and (3) a prohibition on use in breeder stock during the last third of gestation or during lactation if progeny will be sold as organic.

Ivermectin, a highly effective parasiticide, has been removed from permitted use in organic livestock production.

The use of some medications, such as xylazine—a historically safe and effective medication for sedation, anesthesia, muscle relaxation, and analgesia in animals, has been restricted to use “by or on the lawful written or oral order of a licensed veterinarian, in full compliance with the AMDUCA and 21 CFR part 530 of the Food and Drug Administration regulations. Also, for use under 7 CFR part 205, paragraph (a)(30 also includes the following requirements:

(i) Use by or on the lawful written order of a licensed veterinarian;

(ii) A meat withdrawal period of at least 8 days after administering to livestock intended for slaughter; and a milk discard period of at least 4 days after administering to dairy animals.

Zinc sulfate, an effective treatment for use as a footbath for control of foot rot in livestock, primarily dairy cattle, sheep and goats, will be permitted.

In summary, animals raised under the organic certification will largely benefit by the amendments to USDA’s national list of allowed and prohibited substances.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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