United States Department of Agriculture 1400 Independence Avenue SW. NOP 5026 Agricultural Marketing Serv ice Room 2646

- South Building Effective Date : Draft National Organic Program Washington, DC 20250 Page 1 of 3

File Name: NOP 5026

- The Use of Chlorine Materials 09 0 1 10 Draft Authorized Dis tribution: Public 

### Draft Guidance

The Use of Chlorine Materials in Organic Production and Handling

1. Purpose

This guidance provides clarification regarding the use of chlorine materials in organic production and handling.

2. Scope

This guidance provides information to certified and exempt organic operations and a ccredited c ertifying

a gents (ACAs).

3. Background

The National Organic Program (NOP) is providing this guidance to clarify and ensure consistency in the use of chlorine products under the NOP regulations and in response to recommendations from the National Organic Standards Board (NOSB). The annotations limiting the use of chlorine in § 205.601(a) (2), § 205.603(a) ( 7 )

, and § 205.605 (b), do not align with a November 1995 NOSB recommendation on chlorine material s

. This recommendation stated that chlorine materials should be allowed for use in organic crop production, organic food processing, and organic li vestock production with the following

a nnotation:

“ Allowed for disinfecting and sanitizing food contact su rfaces. Residual chlorine levels for wash water in direct crop or food contact and in flush water from cleaning irrigation systems that is applied to crops or fields cannot exceed the maximum residual disinfectant limit under the Safe Drinking Water Act (c urrently 4mg/L expressed as Cl 2 ). ”

This annotation was originally crafted to acknowledge that levels of chlorine permitted in municipal drinking water were considered acceptable for organi c food production and handling. The language used in the proposed NOP rule published in March 2000 did not include the terms “in direct crop or food contact” and “in flush water ... that is applied to crops or fields.” The language used under § 205.605 (handling uses) only mentions use in disinfecting food contact surfac es, leading some handlers to question whether chlorine could be used in direct food contact. The NOP responded in the preamble of

the final rule (65 FR 80548, 80616, December 21, 2000 ) which stated that the use of the term “residual

chlorine” referre d to the chlorine that was present in water when it exited the facility as effluent.

The NOSB revisited the issue through a May 2003 recommendation. The NOSB noted that “residual

chlorine” is a scientific term used when measuring chlorine

. Residual chlo rine (also called free or available chlorine) is the chlorine that remains available in solution after the disinfection step is complete, when the initial added chlorine material has been reduced by reaction, bound to the organic

matter , or evaporated. Th e residual chlorine is what is still available to oxidize other substances.

Residual chlorine is the fraction of available chlorine in solution derived from the disinfectant source. When calcium hypochlorite o r sodium hypochlorite is used, the proper measu re for res idual chlorine is

the sum of the concentrations of hypochlorous acid (HOCl) and hypochlorite ion (OCl - ). For chlorineUnited States Department of Agriculture 1400 Independence Avenue SW. NOP 5026 Agricultural Marketing Serv ice Room 2646

- South Building Effective Date : Draft National Organic Program Washington, DC 20250 Page 2 of 3

File Name: NOP 5026

- The Use of Chlorine Materials 09 0 1 10 Draft Authorized Dis tribution: Public dioxide (ClO 2 ), all unr eacted chlorine is considered to be free chlorine. Another frequently used term is total chlorine, which is a measurement of the free plus inactive forms.

In 2003, the NOSB stated: “ The Organic Foods Production Act is not designed to function as a waste water regulation. Instead, it is a regulation designed to protect organic integrity. As such, processing operations must demonstrate compliance with the chlorine annotation by mon itoring the chlorine content

of the water which is in direct contact with organic products, not the wash water which is discharged from the facility. ” This statement represents NOP’ s current thinking on this topic.

4. Policy

As per the annotations in the National List shown below, residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act

. To demonstrate compli ance with the NOP regulations regarding chlorine, c ertified operators should monitor the chlorine

level whe n the water has had last contact with the organic product in direct applications. A description of the operation’ s monitoring procedure should be co ntained in the operation’s Organic System Plan.

Documents used to demonstrate compliance should be reviewed and verified during the operation’ s annual inspection.

Crop operations:

**•** Residual chlorine levels in the water in direct crop contact or as water fr om cleaning irrigation systems applied to soil s hould not exceed the maximum residual disi nfectant

limit under the Safe Drinking Water Act

.

**•** Chlorine products may be used up to maximum labeled rates for disinfecting and

s anitizing equipment or tools.

Liv estock operations:

**•** For sanitizing livestock facilities and equipment , r esidual chlorine levels in the water in

direct food or animal contact should not exceed the maximum residual disi nfectant limit

under the Safe Drinking Water Act.

**•** Chlorine products may be used up to maximum labeled rates for disinfecting and

s anitizing equipment or tools.

Handling operations:

**•** For food handling facilities, c hlorine materials may be used up to maximum labeled rates

for disinfecting and s anitizing food contact surfaces.

**•** W ater used in direct crop or food contact (including flume water to transport fruits or vegetable, wash water in produce lines, or carcass washing) is permitted at levels approved by FDA or EPA for such purpose, provided the use is followed by rinse with

po table water that does not exceed the maximum residual disinfectant limit for the

chlorine material under the Safe Drinking Water Act

.

**•** Water used as an ingredient in organic food handling should not exceed the maximum

residual disinfectant limit for the chl orine material under the Safe Drinking Water Act

.United States Department of Agriculture 1400 Independence Avenue SW. NOP 5026 Agricultural Marketing Serv ice Room 2646

- South Building Effective Date : Draft National Organic Program Washington, DC 20250 Page 3 of 3

File Name: NOP 5026

- The Use of Chlorine Materials 09 0 1 10 Draft Authorized Dis tribution: Public Definition : “Maximum residual disinfectant level” is a term defined by the Environmental Protection Agency (EPA) as the highest level of a disinfectant allowed in drinking water. This level is currentl y established by EPA at 4 mg/L for chlorine (as Cl 2 ) and 0. 8 mg/L for chlorine dioxide.

6. References

Crops: § 205.601(a) As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems (2) Chlorine materials

- Except, That, re sidual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act. (i) Calcium hypochlorite (ii) Chlorine dioxide iii) Sodium hypochlorite

Livestock: § 205.603(a) As disinfectants, sanitizer, an d medical treatments as applicable ( 7 ) Chlorine materials

- disinfecting and sanitizing facilities and equipment. Residual chlorine levels

in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water

Act. (i) Calcium hypochlorite (ii) Chlorine dioxide (iii) Sodium hypochlorite

Handling: § 205.605(b) Synthetics allowed:

Chlorine materials

- disinfecting and sanitizing food contact surfaces, Except, That, residual chlorine

levels in the water shall not exceed the maximu m residual disinfectant limit under the Safe Drinking

Water Act. ( Calcium hypochlorite ; Chlorine dioxide : and Sodium hypochlorite )