---
kind: "section"
citation: "7 U.S.C. § 6517"
title: "7"
title_heading: "Agriculture"
number: "6517"
heading: "National List"
release: "119-102"
url: "https://uscodex.org/usc/7/6517"
units:
  - "Chapter 94 — Organic Certification"
---

# §6517. National List

- (a) **In general—** The [Secretary](/usc/7/6502.md?p=20) shall establish a [National List](/usc/7/6502.md?p=12) of approved and prohibited substances that shall be included in the standards for organic production and handling established under this chapter in [order](/usc/7/2902.md?p=10) for such products to be sold or labeled as [organically produced](/usc/7/6502.md?p=15) under this chapter.
- (b) **Content of list—** The list established under [subsection (a)](#a) shall contain an itemization, by specific use or application, of each [synthetic](/usc/7/6502.md?p=22) substance permitted under [subsection (c)(1)](#c-1) or each natural substance prohibited under [subsection (c)(2)](#c-2).
- (c) **Guidelines for prohibitions or exemptions—**
  - (1) **Exemption for prohibited substances in organic production and handling operations—** The [National List](/usc/7/6502.md?p=12) may provide for the use of substances in an organic farming or [handling operation](/usc/7/6502.md?p=10) that are otherwise prohibited under this chapter only if—
    - (A) the [Secretary](/usc/7/6502.md?p=20) determines, in consultation with the [Secretary](/usc/7/6502.md?p=20) 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](/usc/7/6502.md?p=1) 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](/usc/7/6502.md?p=22) 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](/usc/7/6502.md?p=11) parasiticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or
      - (ii) is used in production and contains [synthetic](/usc/7/6502.md?p=22) inert ingredients that are not classified by the Administrator of the Environmental Protection Agency as inerts of toxicological concern; and
    - (C) the specific exemption is developed using the procedures described in [subsection (d)](#d).
  - (2) **Prohibition on the use of specific natural substances—** The [National List](/usc/7/6502.md?p=12) may prohibit the use of specific natural substances in an organic farming or [handling operation](/usc/7/6502.md?p=10) that are otherwise allowed under this chapter only if—
    - (A) the [Secretary](/usc/7/6502.md?p=20) determines, in consultation with the [Secretary](/usc/7/6502.md?p=20) 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 chapter; and
    - (B) the specific prohibition is developed using the procedures specified in [subsection (d)](#d).
- (d) **Procedure for establishing National List—**
  - (1) **In general—** The [National List](/usc/7/6502.md?p=12) established by the [Secretary](/usc/7/6502.md?p=20) shall be based upon a proposed [national list](/usc/7/6502.md?p=12) or proposed amendments to the [National List](/usc/7/6502.md?p=12) developed by the National Organic Standards [Board](/usc/7/1502.md?p=b-4).
  - (2) **No additions—** The [Secretary](/usc/7/6502.md?p=20) may not include exemptions for the use of specific [synthetic](/usc/7/6502.md?p=22) substances in the [National List](/usc/7/6502.md?p=12) other than those exemptions contained in the Proposed [National List](/usc/7/6502.md?p=12) or Proposed Amendments to the [National List](/usc/7/6502.md?p=12).
  - (3) **Prohibited substances—** In no instance shall the [National List](/usc/7/6502.md?p=12) include any substance, the presence of which in food has been prohibited by Federal regulatory action.
  - (4) **Notice and comment—** Before establishing the [National List](/usc/7/6502.md?p=12) or before making any amendments to the [National List](/usc/7/6502.md?p=12), the [Secretary](/usc/7/6502.md?p=20) shall publish the Proposed [National List](/usc/7/6502.md?p=12) or any Proposed Amendments to the [National List](/usc/7/6502.md?p=12) in the Federal Register and seek public comment on such proposals. The [Secretary](/usc/7/6502.md?p=20) shall include in such Notice any changes to such proposed list or amendments recommended by the [Secretary](/usc/7/6502.md?p=20).
  - (5) **Publication of National List—** After evaluating all comments received concerning the Proposed [National List](/usc/7/6502.md?p=12) or Proposed Amendments to the [National List](/usc/7/6502.md?p=12), the [Secretary](/usc/7/6502.md?p=20) shall publish the final [National List](/usc/7/6502.md?p=12) in the Federal Register, along with a discussion of comments received.
  - (6) **Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product—** The [Secretary](/usc/7/6502.md?p=20) may develop emergency procedures for designating [agricultural products](/usc/7/6502.md?p=1) that are commercially unavailable in organic form for placement on the [National List](/usc/7/6502.md?p=12) for a period of time not to exceed 12 months.
- (e) **Sunset provision—** No exemption or prohibition contained in the [National List](/usc/7/6502.md?p=12) shall be valid unless the National Organic Standards [Board](/usc/7/1502.md?p=b-4) 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](/usc/7/6502.md?p=20) has renewed such exemption or prohibition.

## Source credit

(Pub. L. 101–624, title XXI, § 2118, Nov. 28, 1990, 104 Stat. 3946; Pub. L. 102–237, title X, § 1001(6), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 109–97, title VII, § 797(b), Nov. 10, 2005, 119 Stat. 2165.)

## Notes

### Editorial Notes

### Amendments

2005—Subsec. (c)(1). Pub. L. 109–97, § 797(b)(1)(A), inserted “in organic production and handling operations” after “substances” in heading.

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”.

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

1991—Subsec. (c)(1)(B)(i). Pub. L. 102–237 substituted “parasiticides” for “paraciticides”.