NOP Proposed Rule: Amendments to the National List

The Agricultural Marketing Service’s (AMS) National Organic Program (NOP) published a proposed rule that would amend the organic regulations at §§205.600-205.606, the National List of Allowed and Prohibited Substances (the National List). The comment period for this proposed rule is now open; comments will be accepted until May 22, 2026.

Full text of this document is available in hard copy by contacting the PCO office or at the following link:

https://www.govinfo.gov/content/pkg/FR-2026-03-23/pdf/2026-05598.pdf?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov.

Amendments to the National List (Proposed Rule) – Comments due 5/22/2026

This proposed rule addresses recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board. If adopted, this proposed rule would:

• allow two additional synthetic substances to be used in organic crop and livestock production (carbon dioxide and meloxicam, respectively);
• remove current restrictions on the use of methionine, an amino acid, in organic poultry feed, thus allowing producers additional flexibility and making it unnecessary for organic poultry producers to track the amount of methionine fed to each poultry flock; and
• affirm that sodium nitrate, a natural fertilizer, is allowed for limited use in organic crop production by renewing the substance’s listing on the National List of Allowed Substances for 5 years.

Carbon Dioxide

AMS is proposing to add two listings for synthetic carbon dioxide to the National List. The first listing proposed is to §205.601(a) as a synthetic substance allowed for use in organic crop production to adjust the pH of irrigation water. The second proposed listing is at §205.601(j) for atmospheric adjustment in indoor crop production environments. This proposed rule would allow organic crop operations to use synthetic carbon dioxide for the specific uses stated above. Synthetic carbon dioxide is commonly sourced as a byproduct from various commercial processes. This AMS proposal follows two

recommendations from the NOSB following its review of a petition, third-party technical reports, and public comments.

The specific listings proposed to be added to the National List are as follows:

§205.601 Synthetic substances allowed for use in organic crop production.

1. As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems.

(2) Carbon dioxide

(j) As crop or soil amendments.

(2) Carbon dioxide—must be sourced as a byproduct.

AMS is especially interested in public input on the following questions specific to carbon dioxide:

1. Why is synthetic carbon dioxide necessary for the uses described in this proposed rule? What are the various sources of synthetic carbon dioxide that operations would be able to obtain? Which of these are sourced as a byproduct? Is there adequate supply of byproduct-sourced synthetic carbon dioxide in the market to meet the needs of the organic industry for either or both uses described in this proposed rule?
2. Why is natural carbon dioxide insufficient or not available for the uses described in this proposed rule? Are other allowed natural or synthetic substances suitable as alternatives? Why or why not?
3. Should both listings of carbon dioxide at 7 CFR 205.601(a) and/or 205.601(j) be annotated to only allow carbon dioxide sourced as a byproduct? Do producers and certifying agents have enough information to verify compliance with the proposed annotation?

Meloxicam

AMS is proposing to add meloxicam to the National List at §205.603(a) as a synthetic substance allowed for use in organic livestock production. Meloxicam is a nonsteroidal antiinflammatory drug (NSAID) used primarily to treat pain and inflammation. Organic livestock producers petitioned for use of meloxicam because they identified a need in their industry for more tools to improve pain management in their operations, for both dairy and meat animals. This AMS proposal follows a recommendation from the NOSB after their review of the petition as well as public comment.

The specific listing proposed to be added to the National List is as follows:

§205.603 Synthetic substances allowed for use in organic livestock production.

(a) As disinfectants, sanitizer, and medical treatments as applicable.

(20) Meloxicam (CAS #71125–38–7)— Federal law restricts this drug 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, the NOP requires:

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

(ii) A withdrawal period of at least two times that required by the FDA.

AMS is especially interested in public input on the following questions specific to meloxicam:

1. Is the proposed annotation clear? Do veterinarians, producers, and certifying agents have the information they need to establish, document, and verify the proposed withdrawal period? If not, what additional information is necessary?
2. Should the annotation further restrict the use of meloxicam, such as by specifying a minimum withdrawal period for bovine species, and/or restricting non-bovine uses to disbudding and dehorning only?
3. AMS welcomes comments on the NOSB Livestock Subcommittee’s technical analysis appendix published as part of the NOSB final recommendation.

Methionine

This rule proposes amending the current allowance of methionine, an amino acid, in poultry diets by removing the limits on the amount of synthetic methionine a producer can add to poultry feed rations. This AMS proposal follows a unanimous recommendation from the NOSB. If finalized, producers will have greater flexibility in using methionine to meet the health and nutrition requirements of organic poultry flocks.

The specific listing proposed to be amended on the National List is as follows (strikethrough language proposed to be removed from the current annotation):

§205.603 Synthetic substances allowed for use in organic livestock production.

(d) As feed additives

(1) DL-Methionine, DL-Methionine—hydroxy analog, and DL-Methionine—hydroxy analog calcium (CAS #'s 59-51-8, 583-91-5, 4857-44-7, and 922-50-9)—for use only in organic poultry production at the following pounds of synthetic 100 percent methionine per ton of feed in the diet, maximum rates as averaged per ton of feed over the life of the flock: Laying chickens—2 pounds; broiler chickens—2.5 pounds; turkeys and all other poultry—3 pounds.

Sodium Nitrate

This rule proposes renewing the listing for sodium nitrate on the National List at §205.602 as a natural substance allowed for limited use in organic crop production. This AMS proposal follows a recommendation from the NOSB in October 2021 to reinstate the listing for this substance. The listing for sodium nitrate is currently expired for reasons that are fully described in the Background section of the proposed rule. If finalized, this proposed rule would allow for application of natural sodium nitrate as a nitrogen fertilizer for up to 20 percent of a crop’s total nitrogen requirement, the same as prior to October 21, 2012, when the listing for sodium nitrate expired.

The specific listing on the National List is proposed to remain as follows, which is how it is currently listed (even though the currently listing is actually expired):

§205.602 Nonsynthetic substances prohibited for use in organic crop production.

(h) Sodium nitrate—unless use is restricted to no more than 20% of the crop’s total nitrogen requirement.

Instructions for Submitting Public Comment

Written public comments must be received by 11:59PM ET May 22, 2026, including docket number AMS-NOP-22-0029; NOP-22-02, and/or Regulatory Information Number (RIN) 0581-AE25.

• Submit written comments:
  • online via Regulations.gov, or
  • by mail to Jared Clark, Assistant Director, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-South, Stop 0268, Washington, DC 20250-0268.
• Contact Jared Clark (202-720-3252, Jared.Clark@ams.usda.gov) for questions.

In addition to the specific questions outlined above AMS is also interested in public input on the following questions:

(1) Is the proposed regulatory language and accompanying discussion in this document clear enough to allow operations and certifying agents to comply with the proposed requirements?

(2) Do the proposed amendments create any conflict with current USDA organic regulations or other Federal regulatory requirements?

Tips to submit an effective comment:

• Clearly state a position (support, opposition, and/or requested modifications) on the proposed rule or specific parts of the proposed rule;
• Clearly identify which specific parts of the proposed rule a comment refers to;
• Explain why the commenter supports or opposes the proposed change;
• Describe the potential effects of the proposed rule using examples, data, or personal experience;
• If applicable, offer suggested alternatives to the proposed changes and/or regulatory text, and explain the reasoning for those suggested changes.

Please contact Kyla Smith, Certification Policy Advisor, via phone - 814-422-0251 or email - kyla@paorganic.org, with any questions.