NOSB RECOMMENDED DECISION FORM

Form NOPLIST2. Full Board Transmittal to NOP 

 

For NOSB Meeting: May 2008 Substance: Fortified Cooking Wine - Marsala 

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 X No  N/A 

3. Compatibility & Consistency Yes X No  N/A 

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

B. Substance fails criteria? 

Criteria category: N/A 

 

Comments: 

 C. Proposed Annotation: None 

 

Basis for annotation: 

 

To meet criteria above: ____ Criteria: _______________ 

 

Other regulatory criteria: ____ Citation:_______________ 

D. Final Board Action & Vote (State Actual Motion): To include Fortified Cooking Wine - Marsala, to section 205.606 - 

Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as “organic”. 

Motion: Julie Weisman Second :Tracy Meidema Yes: 14 No: 0 Abstain: 0 Absent: 1

 

The petition for Fortified Cooking Wine - Marsala was complete and showed the material met all evaluation criteria for 

consideration to be listed in 205.606 of the NOP regulations. (See attached) The material was recommended for listing by a 

vote of the Handling Committee, and subsequently by a vote of the NOSB at it’s May 2008 meeting. 

 1—substance voted to be added as “allowed” on National List on National List to § 205.606 with Annotation (if any): No annotation. 

__________________________________________________________________________________________________ _ 

2—substance to be added to “prohibited” paragraph of National List to § 205.______ Describe why a prohibited substance: __ ____

_____________________________________________________ ___________________________________ ____ 

 

3—substance was rejected by vote for amending National List to § 205. ______ Describe why material was rejected: _____ _ 

___________________________________________________ __ 

4-substance was recommended to be deferred § 205. ______ Describe why deferred; if any follow-up is needed. If follow-up needed, 

who conducts follow-up ________________________________ ____________________________________ 

 

Agricultural X Nonagricultural Crops 

Synthetic Not synthetic X Livestock 

Allowed1X Prohibited2

Handling X 

No restriction X Deferred4 Rejected3

E. Approved by NOSB Chair to transmit to NOP 

 Rigoberto Delgado . July 10, 2008 .

Chair Date

F. NOP Action: Include in FR to amend National List: 

 Return to NOSB Reason: ____________________________________________________________________ 

 

_____________________________________ 

 Date 

 _________________________ 
National Organic Standards Board 

Final Recommendation for 

Date: May 22, 2008 

I. List:

National Organic Program Subpart G: The National List of Allowed and Prohibited Substances. 

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on 

processed products labeled as “organic” or “made with organic (specified ingredients or food 

groups(s)).” 

II. Board Summary: 

The Board considered the petitioner’s statement that this fortified cooking wine, Marsala, 

has unique flavor and fragrance characteristics needed for prepared foods made by the 

petitioner. The Board has also considered the fact that the petition presented detailed 

information on organic wine producers, none of whom make fortified wines and fortified 

wine producers, none of whom make organic versions of their products. The petitioner 

appears to have done an exhaustive search for a supply of an organic form of this 

material. The Board was satisfied that this ingredient is not commercially available as 

organic at this time. 

The consideration of this material prompted a general discussion about the extent to which 

conventionally grown agricultural products may have an adverse effect on the 

environment. However, since it is fortified cooking wine, and not conventionally grown 

grapes that is being petitioned, the question was deemed not applicable. 

The Board reached the conclusion that Fortified cooking wine, Marsala meets the criteria 

in all four categories required for listing on §205.606 of the National List. 

III. Board Recommendation 

Fortified Cooking Wine - Marsala for inclusion on §205.606 of the National List

Moved: Julie Weisman Second: Tracy Miedema 

Board vote: Yes-14 No- 0 Absent- 1 Abstain-0 Recuse-0
Decision Sheets 

December 2006 

NOSB COMMITTEE RECOMMENDATION 

Form NOPLIST1. Committee Transmittal to NOSB 

For NOSB Meeting: ______May 2008 Substance: __Fortified Cooking Wine, Marsala

Committee: Crops  Livestock  Handling X Petition is for:_Inclusion of Fortified Cooking Wine, Marsala, on the 

National List § 205._606__________________________

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 X No  N/A 

3. Compatibility & Consistency Yes X No  N/A 

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

B. Substance Fails Criteria Category: _________ Comments: ___________________________________________________ 

________________________________________________________________________________________________________ 

C. Proposed Annotation (if any): _____________________________________________________________________________

________________________________________________________________________________________________________ 

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

D. Rcommended Committee Action & Vote (State Actual Motion): __For addition of Fortified Cooking Wine, Marsala_to § 

205.606 of the National List__________________________________________________________________ 

Motion by: _Tracy__Mediema_ Seconded:___Steve__DeMuri__ Yes: __6___ No: __0___ Absent: __0___ Abstain: __0___ 

 

 

1) Substance voted to be added as “allowed” on National List to § 205. 606 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. _____ Describe why material was rejected:___________ 

________________________________________________________________________________________________________ 

4) Substance was recommended to be deferred because ___________________________________________________________

_____________________________________________________________________________ If follow-up needed, who will 

follow up ________________________________________________________________________________________________

Crops Agricultural X Allowed1 X 

Livestock Non-Synthetic Prohibited2

Handling X Synthetic Rejected3

No restriction Commercially UnAvailable as Organic1 X Deferred4 

E. Approved by Committee Chair to transmit to NOSB: 

___Julie Weisman____________ _____March 31, 2008___________ 

 Committee Chair Date
NOSB EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE NATIONAL LIST

Category 1. Adverse impacts on humans or the environment? Substance Fortified cooking Wine, Marsala

Question Yes No N/A1 Documentation 

(TAP; petition; regulatory agency; other) 

1. Are there adverse effects on 

environment from manufacture, use, or 

disposal? 

[§205.600 b.2] 

x Item B #5 of Petition 

2. Is there environmental contamination 

during manufacture, use, misuse, or 

disposal? [§6518 m.3] 

X 

3. Is the substance harmful to the 

environment? 

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X 

4. Does the substance contain List 1, 2, 

or 3 inerts? 

[§6517 c (1)(B)(ii); 205.601(m)2] 

X 

5. Is there potential for detrimental 

chemical interaction with other 

materials used? 

[§6518 m.1] 

X 

6. Are there adverse biological and 

chemical interactions in agroecosystem? [§6518 m.5] 

X 

7. Are there detrimental physiological 

effects on soil organisms, crops, or 

livestock? [§6518 m.5] 

X 

8. Is there a toxic or other adverse 

action of the material or its breakdown 

products? 

[§6518 m.2] 

X 

9. Is there undesirable persistence or 

concentration of the material or 

breakdown products in 

environment?[§6518 m.2] 

X 

10. Is there any harmful effect on 

human health? 

[§6517 c (1)(A)(i) ; 6517 c(2)(A)i; 

§6518 m.4] 

X 

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 
Decision Sheets 

December 2006 

Category 2. Is the Substance Essential for Organic Production? Substance -Fortified cooking Wine, Marsala 

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 

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 fermentation 

3. Is the substance created by 

naturally occurring biological 

processes? [6502 (21)] 

x 

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 Not currently commercially available 

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 The petitioned material is wholly natural. 

8. Is the substance used in 

handling, not synthetic, but not 

organically produced? 

[§6517 c (1)(B)(iii)] 

X 

9. Is there any alternative 

substances? [§6518 m.6] 

 X 

10. Is there another practice that 

would make the substance 

unnecessary? [§6518 m.6] 

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 3. Is the substance compatible with organic production practices? 

 Substance - Fortified cooking Wine, Marsala

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 It is consistent with organic handling. 

3. Is the substance compatible 

with a system of sustainable 

agriculture? [§6518 m.7] 

X 

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 

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 - Fortified cooking Wine, Marsala _

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 Key flavor ingredient, Petition, Item B #3 

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 No explanation but thorough listing of fortified wine 

producers (w/ out organic available) and organic wine 

producers (w/out fortified available) ON SHERRY 

PETITION 

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 No explanation but thorough listing of fortified wine 

producers (w/ out organic available) and organic wine 

producers (w/out fortified available) ON SHERRY 

PETITION 

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 No explanation but thorough listing of fortified wine 

producers (w/ out organic available) and organic wine 

producers (w/out fortified available) ON SHERRY 

PETITION 

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 Thorough listing of fortified wine producers (w/ out organic 

available) and organic wine producers (w/out fortified 

available) ON SHERRY PETITION 

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