PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3947 (d) PROCEDURE FOR ESTABLISHING NATIONAL LIST.— (1) IN GENERAL.—The National List established by the Secretary shall be based upon a proposed national list or proposed amendments to the National List developed by the National Organic Standards Board. (2) No ADDITIONS. —The Secretary may not include exemptions for the use of specific synthetic substances in the National List other than those exemptions contained in the Proposed National List or Proposed Amendments to the National List. (3) PROHIBITED SUBSTANCES. — In no instance shall the National List 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 or before making any amendments to the National List, the Secretary shall publish the Proposed National List or any Proposed Amendments to the National List in the Federal Register and seek public comment on such proposals. The Secretary shall include in such Notice any changes to such proposed list or amendments recommended by the Secretary. (5) PUBLICATION OF NATIONAL LIST. — After evaluating all comments received concerning the Proposed National List or Proposed Amendments to the National List, the Secretary shall publish the final National List in the Federal Register, along with a discussion of comments received. (e) SUNSET PROVISION.—No exemption or prohibition contained in the National List 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 has renewed such exemption or prohibition. SEC. 2119. NATIONAL ORGANIC STANDARDS BOARD. (a) IN GENERAL.— The Secretary shall establish a National Organic Standards Board (in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.)) (hereafter referred to in this section as the "Board") (to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this title. (b) COMPOSITION OF BOARD. —The Board shall be composed of 15 members, of which— (1) four shall be individuals who own or operate an organic farming operation; (2) two shall be individuals who own or operate an organic handling operation; (3) one shall be an individual who owns or operates a retail establishment with significant trade in organic products; (4) three shall be individuals with expertise in areas of environmental protection and resource conservation; (5) three shall be individuals who represent public interest or consumer interest groups; (6) one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and (7) one shall be an individual who is a certifying agent as identified under section 2116. (c) APPOINTMENT.—Not later than 180 days after the date of enactment of this title, the Secretary shall appoint the members of the Board under paragraph (1) through (6) of subsection (b) (and Federal Register, publication. Federal Register, publication. Establishment. 7 USC 6518.
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