Crops:OxidizedLignite

National Organic Standards Board

Crops Subcommittee

Petitioned Material Proposal

Oxidized Lignite/Humic Acid 

August 15, 2012

Introduction:

A petition was submitted requesting the addition of “Humic Acid Derivatives – Hydrogen 

Peroxide extracted”, which is also known as Oxidized Lignite. 

Background:

The Crops Subcommittee encountered considerable confusion over what this material actually 

is and whether leonardite humates subject to oxidation in the environment could also be known 

as oxidized lignite. A Technical Evaluation Report (TER) was commissioned to address the 

nature of this petitioned substance and compare it to the other humic acid derivatives that are 

alkali extracted as per National List section 205.601(j)(3).

Relevant Areas in the Rule:

The National List includes at §205.601(j)(3)

Humic acids—naturally occurring deposits, water and alkali extracts only.

Discussion:

In reviewing the information in the TER it was apparent that a substance named oxidized 

lignite could occur through natural processes in the field or through using super-heated water 

or ozone in a lab (TER lines 258 - 263). However since the manufacturing process in this 

petition is redacted as Confidential Business Information, it is not clear how to propose listing 

this substance to distinguish it from these other methods of production. Therefore the motion 

that is being proposed is to add Hydrogen Peroxide extraction to the annotation for Humic 

Acids on the National List. Included in the motion is that this new clause will expire in 2017, to

enable all the humic acids to be re-reviewed together at their normal sunset date.

The Crops Subcommittee noted in their review that leonardite materials extracted with 

hydrogen peroxide do not have any residual synthetic materials in the end product because 

the hydrogen peroxide breaks down completely into water and oxygen. Humic Acids that are 

alkali extracted do contain a surplus of potassium or other cations from the extractant, and it 

has never been clear what amount of alkali is necessary for the extraction but is not 

considered fortification.

Another key issue in the deliberation over this material is the fact that there are many 

alternative substances and practices that can be used to enhance plant uptake of nutrients, 

which is the primary use for this product class. The justification statement in the petition only 

compared hydrogen peroxide extraction with alkali extraction for humic acids, but did not 

address the bigger context of soil-building practices as alternatives. The TER did address the 

soil-building practices and alternative substances that can be used. However, the contention 

by the petitioner that humic acids must be deliverable in liquid form was not discussed in the 

TER. The Subcommittee majority does not feel that the need for nutrients in liquid form is a 

compelling reason to distinguish this from the alternatives.
Crops:OxidizedLignite

Evaluation Criteria 

(Applicability noted for each category; Documentation attached) Criteria Satisfied? (see 

“B” below)

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

2. Essential & Availability Criteria ☐ Yes ☒ No ☐ N/A

3. Compatibility & Consistency ☐ Yes ☒ No ☐ N/A

4. Commercial Supply is Fragile or Potentially Unavailable ☐ Yes ☐ No ☒ N/A

as Organic (only for § 205.606)

Substance Fails Criteria Category: [2,3] Comments:

Proposed Annotation (if any): "Humic acids – naturally occurring deposits, water, alkali and 

hydrogen peroxide extracts only.”

Basis for annotation: ☒ To meet criteria above ☐ Other regulatory criteria ☐ Citation 

Notes: 

Recommended Subcommittee Action & Vote, including classification recommendation 

(state actual motion):

Motion: 

Humic Acids – Hydrogen Peroxide extracted are synthetic.

Motion by: Zea Sonnabend Seconded by: Colehour Bondera

Yes__8___ No__0__ Abstain__0__ Recuse__0__ Absent__0__

Listing Motion: 

To change the listing in [7 CFR 205.601(j)(3)] to: "Humic acids – naturally occurring 

deposits, water, alkali and hydrogen peroxide extracts only, to expire in 2017.” 

Motion by: Zea Sonnabend Seconded by: John Foster

Yes__3___ No__5__ Abstain__0__ Recuse__0__ Absent__0__

Crops ☒ Agricultural ☐ Allowed1 ☒

Livestock ☐ Non-synthetic ☐ Prohibited2 ☐

Handling ☐ Synthetic ☒ Rejected3 ☐

No restriction ☐ Commercial unavailable as 

organic

☐ Deferred4 ☐

1

Substance voted to be added as “allowed” on National List to § 205. 601(h) 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: 
Crops:OxidizedLignite

4

Substance was recommended to be deferred because 

If follow-up needed, who will follow up: 

Approved by Subcommittee Chair to Transmit to NOSB

Jay Feldman, Subcommittee Chair August 15, 2012

NOSB Evaluation Criteria for Substances Added To the National List

Category 1. Adverse impacts on humans or the environment? Substance: Humic Acids –

Hydrogen Peroxide extraction

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

2. Is there environmental contamination during 

manufacture, use, misuse, or disposal? 

[§6518 m.3]

X There may be environmental contamination 

from coal mining (see TER 339-340) "surface 

mines are more likely than underground 

mines to result in surface water pollution." 

The treatment with hydrogen peroxide may 

release carbon dioxide into the atmosphere, 

but because of the CBI that cannot be 

determined. (TER 343-346)

3. Is the substance harmful to the environment 

and biodiversity?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

TR 394-396: Humic substances appear to 

depress some organisms in the environment 

while stimulating others (Peterson, 1989). 

There is therefore no clear-cut answer to this 

criteria.

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 If anything the use of such humic substances 

would enhance the uptake of other fertilizer 

materials. (TER lines 353-354)

6. Are there adverse biological and chemical 

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

? There is always a potential for detrimental 

interactions, but in the TER lines 356-357: 

"However, because of their widely varying 

structures and functions, it is difficult to 

predict with certainty the effects of humic 

substances in the soil." 

7. Are there detrimental physiological effects on 

soil organisms, crops, or livestock? [§6518 

m.5]

X TER 404-412: "The impact of oxidized lignite 

on soil organisms is inconclusive."

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

material or its breakdown products?

[§6518 m.2]

X While the TER discusses concerns over the 

humic substances in drinking water and in 

aquatic environments (TER lines 365-369 and 

386 - 388), there is no reason to think the 

substance would end up in these places as 

used in organic farming.

9. Is there undesirable persistence or 

concentration of the material or breakdown 

products in environment? [§6518 m.2]

X Lignite itself is very persistent (TER lines 279 

- 280) but the reacted versions of it will break 

down faster. Persistence in this case is not 

undesirable as the unreacted humates are 

used in organic agriculture for their long-term 
Crops:OxidizedLignite

benefits.

10. Are there any harmful effects on human 

health? [§6517 c (1)(A)(i); 6517 c(2)(A)i; 

§6518 m.4]

X X The TER in lines 302 - 326 gives extensive 

literature on the negative effects of coal and 

coal dust on human health. However these all 

stem from burning coal for fuel, hazards in 

mining coal, and if lignite ends up in drinking 

water. None of them relate to any harmful 

effects from using extracted humic acids as a 

soil amendment.

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.
Crops:OxidizedLignite

NOSB Evaluation Criteria for Substances Added To the National List

Category 2. Is the Substance Essential for Organic Production? Substance: Humic Acids –

Hydrogen Peroxide extraction

Question Yes No N/A1 Documentation (TAP; petition; 

regulatory agency; other)

1. Is the substance formulated or manufactured 

by a chemical process? [6502 (21)]

? Unknown because of CBI

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

3. Is the substance created by naturally 

occurring biological processes? [6502 (21)]

X Oxidized lignite may be created by naturally 

occurring processes, but that is why this 

substance is referred to as hydrogen peroxide 

extracted Humic Acids.

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 TER 502: "Non-synthetic lignite may be used 

in place of the liquefied oxidized or alkali 

treated lignite." TER 522: "It is also possible 

to treat lignite coal by microbial fermentation 

(Catcheside and Ralph, 1999)."

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 TER 491-498: "Compost, cover crops, 

manure, mulch, and other natural sources of 

organic matter can all increase humic acid 

content of the soil (Magdoff and Weil, 2004). 

Humic acids from decaying organic matter 

have been empirically shown to have the 

same benefits as those from fossil sources, 

such as lignite (Weil and Magdoff, 2004)." 

TER 557: "Synthetic ligninsulfonates are also 

used as chelating agents for micronutrients [7 

CFR 205.601(j)(4)]."

10. Is there another practice that would make the 

substance unnecessary? [§6518 m.6]

X Any soil-building practice that increases the 

organic matter in soil will be similar in action 

to these substances, only they take more 

time. Green manures, rotation, incorporating 

crop residues and using compost are all 

equivalent to the use of these substances. 

(TER 569 - 581) 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.
Crops:OxidizedLignite

NOSB Evaluation Criteria for Substances Added To the National List

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

Acids – Hydrogen Peroxide extraction 

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 As the organic rule is written, synthetic 

substances for crop inputs must fall within 

one of the exception areas mentioned in 

#7 below. Since this does not, it cannot 

be considered consistent with the rule.

3. Is the substance compatible with a 

system of sustainable agriculture? 

[§6518 m.7]

X X While agronomically this appears to be a 

compatible material and humic 

substances are primarily beneficial to soil 

and plants, the concerns over coal mining 

to produce the starting ingredient do not 

contribute to the overall sustainability of 

this materials over other practices.

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.
Crops:OxidizedLignite

NOSB Evaluation Criteria for Substances Added To the National List

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: Humic Acids – Hydrogen Peroxide extraction

Question Yes No N/A1 Documentation (TAP; petition; 

regulatory agency; other)

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 non-availability 

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

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.