Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: December 2, 2011

Subject: Ammonium nonanoate petition 

Chair: Tracy Miedema 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action

Statement of the Recommendation (Including Recount of Vote): 

The motion before the board was to list Ammonium Nonanoate on §205.601 (b) as 

herbicides, weed barriers, as applicable (1) Herbicides, soap-based. 

The motion failed with a vote of 6 yes and 8 no.

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

The Crops Committee recommendation is attached. There are alternate weed 

control strategies: the general consensus of the Crops Committee was that 

ammonium nonanoate is relatively benign, a broad spectrum synthetic 

herbicide is not compatible or consistent with organic agriculture.

NOSB Vote:

Moved: John Foster Second: Tina Ellor

Yes: 6 No: 8 Abstain: 0 Absent: 0 Recusal: 0
Decision Sheets

December 2006

NOSB COMMITTEE RECOMMENDATION

Form NOPLIST1. Committee Transmittal to NOSB

For NOSB Meeting: __Fall, 2011______________ Substance: Ammonium Nonanoate

Committee: Crops X Livestock  Handling  Petition is for:___Ammonium nonanoate, as a synthetic substance 

for use in organic crop production as an herbicide __ on the National List § 205.601_________________________

A. Evaluation Criteria (Applicability noted for each category; Documentation attached) Criteria Satisfied? (see B below) 

1. Impact on Humans and Environment Yes X No  N/A 

2. Essential & Availability Criteria Yes  No X N/A 

3. Compatibility & Consistency Yes  No X N/A 

4. Commercial Supply is Fragile or Potentially Unavailable as Organic (only for 606) Yes  No  N/A X 

Substance Fails Criteria Category: _[2 & 3]____ Comments: There are numerous weed control alternatives and it was the 

general consensus of the committee that although this material is fairly benign in the environment (the exception being its 

toxicity to aquatic invertebrates), a broad spectrum synthetic herbicide is not compatible or consistent with organic 

agriculture

B. Proposed Annotation (if any): _________________________________________________________________________ 

____________________________________________________________________________________________________

 Basis for annotation: To meet criteria above: _______ Other regulatory criteria: _______ Citation:____________________

D. Recommended Committee Action & Vote, including classification recommendation (State Actual Motion): 

Classification Motion: Ammonium nonanoate The Crops Committee voted in Nov. 2008 that ammonium nonanoate is 

synthetic. 

Classification of the material: Synthetic __X___ Non- synthetic_____________ Absent:_________ Abstain _________ 

Motion by: _______________ Seconded:________________ Yes: _____ No: _____ Absent: _______ Abstain: _____

Recommended Committee Action & Vote The motion is to add ammonium nonanoate to the National List 205.601 as a synthetic 

substance for use as an herbicide in organic food production.

Motion by: _______________ Seconded:________________ Yes: _1____ No: __4___ Absent: ___0____ Abstain: _0____

 

1) Substance voted to be added as “allowed” on National List to § 205. with Annotation (if any) ____________________

____________________________________________________________________________________________________

2) Substance to be added as “prohibited” on National List to § 205. with Annotation (if any) _______________________

____________________________________________________________________________________________________

Describe why a prohibited substance:_______________________________________________________________________

____________________________________________________________________________________________________

 

3) Substance was rejected by vote for amending National List to § 205. _X_ why material was rejected: Ammonium nonanoate was 

rejected because of questions of necessity as there are several alternatives pointed out in the TR, because of issues of 

consistency and compatibility and because of concerns about toxicity to aquatic invertebrates. 

4) Substance was recommended to be deferred because _________________________________________________________

____________________________________________________________________________________________________ 

If follow-up needed, who will follow up _____________________________________________________________________

Crops X Agricultural Allowed1

 

Livestock Non-Synthetic Prohibited2 

Handling Synthetic X Rejected3 X

No restriction Commercially UnAvailable as Organic1

 Deferred4

E. Approved by Committee Chair to transmit to NOSB:

__John Foster__________________ ______Oct. 07, 2011___________________

 Committee Chair Date
Decision Sheets

December 2006

EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE NATIONAL LIST

Category 1. Adverse impacts on humans or the environment? Substance ____Ammonium 

nonanoate________

Question Yes No N/A1Documentation

(TAP; petition; regulatory agency; other)

1. Are there adverse effects on environment from 

manufacture, use, or disposal? [§205.600 

b.2] 

X

2011 TR pg. 6 “highly toxic to aquatic invertebrates”

2. Is there environmental contamination during 

manufacture, use, misuse, or disposal? 

[§6518 m.3] 

2011 TR pg. 6 Lines 300-320- product is rapidly 

biodegraded in the environment and it’s byproducts 

have value in food, pharmacy, and cosmetic 

applications. (paraphrased), although the TR states 

that “Specific information regarding the potential for 

environmental contamination associated with the 

manufacture of ammonium nonanoate was not 

found.(lines 300-301) 

3. Is the substance harmful to the environment

and biodiversity? 

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X 2011 TR pg. 3, lines 130-134 It is a “nonselective, 

broad-spectrum, contact” (TR line 117) synthetic 

herbicide and also is an EPA registered insecticide 

and fungicide. “Pesticide products containing 

ammonium nonanoate as the active ingredient were 

first registered with EPA in 2006 and several have 

been registered since then (PAN, 2010). All of these 

products are listed as herbicides. Pesticide products 

containing the active ingredient ammonium salts of 

fatty acids were first registered with EPA in 1982 

and many have been registered since that time (PAN, 

2010). The use types listed for these products 

include herbicides, deer repellents, fungicides, and 

insecticides

4. Does the substance contain List 1, 2, or 3 

inerts? [§6517 c (1 ) (B)(ii); 205.601(m)2] 

X 2011 TR pg. 4 Lines 190-196 “B). Ammonium 

nonanoate is not listed by EPA as an inert ingredient 

of toxicological concern. Soap is included on the list 

of EPA inert ingredients of minimal concern for food 

and nonfood uses, but it is defined as “the water 

soluble sodium or potassium salts of fatty acids 

produced by either the saponification of fats and oils, 

or the neutralization of fatty acid” (EPA, 2010). 

Ammonium nonanoate does not meet this definition 

because it is an ammonium salt of a fatty acid and 

not a sodium or potassium salt. However, 

ammonium nonanoate when used as an active or 

inert ingredient in pesticide products is exempt from 

the requirement of a tolerance per 40 CFR 180.1284 

and 180.910.” and lines 89-91 “According to 40 CFR 

180.910, ammonium salts of fatty acids, including 

ammonium nonanoate, may be used as inert 

ingredients (surfactants) in pesticides applied to preand post-harvest crops. No further information was 

found on this usage.”

5. Is there potential for detrimental chemical 

interaction with other materials used? 

[§6518 m.1] 

X 2011 TR pg. 7 lines 326-337 “No information could 

be found on known chemical interactions between 

ammonium nonanoate and other substances allowed 

for use in organic production or handling. The RED 

for soap salts states that ammonium soaps of higher 

fatty acids are not compatible with soluble metallic 

salts such as zinc, manganese, and iron sulfates 

(EPA, 1992), but does not provide any further details 

regarding the likelihood for these interactions. This 

is a potential issue in organic crop production 

because soluble metallic salts are permitted for use 

as soil micronutrients following documentation of a 
Decision Sheets

December 2006

soil deficiency. Specifically, sulfates, carbonates, 

oxides, or silicates of zinc, copper, manganese, iron, 

molybdenum, selenium, and cobalt are permitted by 

7 CFR 205.601(j)(6)(ii). The potential 

environmental or health effects resulting from the 

mixture of these incompatible materials in 

agricultural soil were not described. 

The MSDS for Racer® Concentrate (40% 

ammonium nonanoate) states that the product is 

incompatible with acids, strong bases, and any 

material incompatible with water (Smiley and Beste, 

2009).”

6. Are there adverse biological and chemical 

interactions in agro- ecosystem? [§6518 m.5] 

X 2011 TR pg. 7-8 lines 343-379

7. Are there detrimental physiological effects on 

soil organisms, crops, or livestock? [§6518 

m.5] 

2011 TR pg. 7 lines 343-379, specifically lines 370-

372 “No information could be found on the potential 

effects of ammonium nonanoate on soil organisms, 

soil temperature, water availability, pH levels, 

nutrient availability, salt concentration, solubility, or 

any other soil physicochemical and biological 

properties.” 

8. Is there a toxic or other adverse action of the 

material or its breakdown products? 

[§6518 m.2] 

X X 2011 TR pg. 6 lines 293-295 no:“As stated in the 

response to Evaluation Question #4, ammonium 

nonanoate is expected to rapidly degrade following 

contact with the soil. The breakdown products are 

compounds that naturally occur in the soil; therefore, 

no toxic effects are expected.” 

Yes: TR lines 276-279: “Soap salts of fatty acids are 

considered to be slightly toxic to birds on an acute 

basis, practically nontoxic to birds on a dietary basis, 

slightly toxic to warm and cold water fish, and 

highly toxic to aquatic invertebrates (EPA, 1992). 

Toxicity data for nontarget insects are not available 

for any soap salt (EPA, 2008). Some soap salts (e.g., 

potassium salts of fatty acids) are registered for use 

as insecticides (NPIRS, 2011).” 

Complete TR answer to this question lines 246-295

9. Is there undesirable persistence or 

concentration of the material or breakdown 

products in environment?[§6518 m.2] 

X 2011 TR pg. 5 lines 227-240 “Once released into the 

soil, ammonium salts of fatty acids, such as 

ammonium nonanoate, are expected to rapidly 

degrade primarily by microbial action (EPA, 1992). 

This is further supported by a draft environmental 

risk assessment of fatty acid salts prepared by 

HERA, which concludes that fatty acid salts with 

carbon chain lengths up to C18 can be considered 

readily biodegradable via aerobic metabolism 

(HERA, 2003). According to the RED for soap salts 

prepared by EPA, the half-life of the fatty acid 

components of ammonium soaps was demonstrated 

to be less than one day in soil (EPA, 1992). 

Regarding the potential degradation products of 

ammonium nonanoate in the environment, the RED 

states that microbial metabolism of fatty acids will 

result in the eventual formation of carbon dioxide 

and an ester, or that the carbon content of fatty acids 

will be converted into naturally-occurring organic 

substances normally produced by soil 

microorganisms (EPA, 1992). The BRAD for 

ammonium nonanoate concluded that this compound 

will not persist in the environment when used as an 

herbicide as directed (EPA, 2008). Environmental 

fate and groundwater data were waived for 

ammonium nonanoate due to EPA’s estimate of 
Decision Sheets

December 2006

minimal risk (EPA, 2008). No further information 

could be found on the persistence or concentration of 

ammonium nonanoate and/or its byproducts in the 

environment.”

10. Is there any harmful effect on human health? 

[§6517 c (1)(A) (i) ; 6517 c(2)(A)I; §6518 

m.4] 

X 2011 TR pg. 8 lines 405-407 “EPA’s RED for soap 

salts concluded that products containing ammonium 

salts of fatty acids are not likely to cause 

unreasonable adverse effects on human health (EPA, 

1992). The toxicity of ammonium salts of fatty 

acids, including ammonium nonanoate, is generally 

low (E

11. Is there an adverse effect on human health as 

defined by applicable Federal regulations? 

[205.600 b.3] 

X

12. Is the substance GRAS when used according 

to FDA’s good manufacturing practices? 

[§205.600 b.5] 

X

13. Does the substance contain residues of heavy 

metals or other contaminants in excess of 

FDA tolerances? [§205.600 b.5] 

X

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) are N/A—not applicable. 
Decision Sheets

December 2006

Category 2. Is the Substance Essential for Organic Production? Substance ____Ammonium 

nonanoate_______

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; other)

1. Is the substance formulated or 

manufactured by a chemical process? 

[6502 (21)]

X 2011 TR pg. 4-5 lines 203-215

2. Is the substance formulated or 

manufactured by a process that 

chemically changes a substance 

extracted from naturally occurring 

plant, animal, or mineral, sources? 

[6502 (21)]

X 2011 TR pg. 4-5 lines 203-215

3. Is the substance created by naturally 

occurring biological processes? 

[6502 (21)]

X 2011 TR pg. 4-5 lines 203-215

4. Is there a natural source of the 

substance? [§205.600 b.1]

X

5. Is there an organic substitute? 

[§205.600 b.1]

X

6. Is the substance essential for handling 

of organically produced agricultural 

products? [§205.600 b.6]

X

7. Is there a wholly natural substitute 

product?

[§6517 c (1)(A)(ii)]

X

8. Is the substance used in handling, 

not synthetic, but not organically 

produced? 

[§6517 c (1)(B)(iii)]

X

9. Are there any alternative substances? 

[§6518 m.6]

X 2011 TR pgs. 9-12 lines 436-602

10. Is there another practice that 

would make the substance 

unnecessary? [§6518 m.6]

X 2011 TR pgs. 12-13 lines 607-711

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b)are N/A—not applicable. 
Decision Sheets

December 2006

Category 3. Is the substance compatible with organic production practices? 

Substance __Ammonium nonanoate______

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; other)

1. Is the substance compatible with 

organic handling? [§205.600 b.2] 

X

2. Is the substance consistent with 

organic farming and handling? 

[§6517 c (1)(A)(iii); 6517 c 

(2)(A)(ii)]

X Ammonium Nonanoate is a non-selective, broad-spectrum 

herbicide as well as being registered as an insecticide.

3. Is the substance compatible with a 

system of sustainable agriculture? 

[§6518 m.7] 

X X The nature of its non-selective and broad spectrum action 

on green plants as well as it’s insecticidal properties are not 

compatible with maintaining biodiversity which is integral 

to sustainability. It is relatively non-toxic and has low 

environmental impact

4. Is the nutritional quality of the food 

maintained with the substance? 

[§205.600 b.3] 

X

5. Is the primary use as a preservative? 

[§205.600 b.4] 

X

6. Is the primary use to recreate or 

improve flavors, colors, textures, or 

nutritive values lost in processing 

(except when required by law, e.g., 

vitamin D in milk)? [205.600 b.4] 

X

7. Is the substance used in production, 

and does it contain an active 

synthetic ingredient in the following 

categories: 

a. copper and sulfur compounds; 

X

b. toxins derived from bacteria; X

c. pheromones, soaps, horticultural 

oils, fish emulsions, treated seed, 

vitamins and minerals? 

X The ammonium nonanoate is a soap 2011 TR lines 18, 95-

96,139-141, 157-159, 164-165, 171-172, 188

d. livestock parasiticides and 

medicines? 

X

e. production aids including netting, 

tree wraps and seals, insect traps, 

sticky barriers, row covers, and 

equipment cleaners? 

X

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) are N/A—not applicable. 
Decision Sheets

December 2006

Category 4. Is the commercial supply of an agricultural substance as organic, fragile or potentially

unavailable? [§6610, 6518, 6519, 205.2, 205.105 (d), 205.600 (c) 205.2, 205.105 (d), 205.600 (c)] 

Substance - __________Ammonium nonanoate____________________________

Question Yes No N/A Comments on Information Provided (sufficient, 

plausible, reasonable, thorough, complete, unknown)

1. Is the comparative description

provided as to why the non-organic 

form of the material /substance is 

necessary for use in organic handling?

 X

2. Does the current and historical 

industry information, research, or

evidence provided explain how or why 

the material /substance cannot be 

obtained organically in the appropriate 

form to fulfill an essential function in 

a system of organic handling?

X

3. Does the current and historical 

industry information, research, or 

evidence provided explain how or why 

the material /substance cannot be 

obtained organically in the appropriate

quality to fulfill an essential function 

in a system of organic handling?

X

4. Does the current and historical 

industry information, research, or 

evidence provided explain how or why 

the material /substance cannot be 

obtained organically in the appropriate

quantity to fulfill an essential 

function in a system of organic 

handling?

X

5. Does the industry information 

provided on material / substance nonavailability as organic, include ( but 

not limited to) the following:

a. Regions of production (including 

factors such as climate and number of 

regions);

X

b. Number of suppliers and amount 

produced;

X

c. Current and historical supplies 

related to weather events such as 

hurricanes, floods, and droughts that 

may temporarily halt production or 

destroy crops or supplies; 

X

d. Trade-related issues such as 

evidence of hoarding, war, trade 

barriers, or civil unrest that may 

temporarily restrict supplies; or

X

e. Are there other issues which may 

present a challenge to a consistent 

supply?

X