---
kind: "section"
citation: "7 U.S.C. § 6517"
title: "7"
title_heading: "Agriculture"
number: "6517"
heading: "National List"
release: "119-102"
date: "2026-07-12"
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 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.
  - (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 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”.