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July 12, 2016

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

FROM: Miles V. McEvoy

Deputy Administrator

National Organic Program (NOP)

SUBJECT: Response to National Organic Standards Board Recommendations (April 2016)

Background

This memorandum responds to National Organic Standards Board (NOSB) recommendations

made at its April 25-27, 2016, meeting in Washington, DC. 

Summary of Recommendations from Spring 2016 NOSB Meeting

1. Petitioned Substances. The NOSB recommended 5 amendments to the National List of 

Allowed and Prohibited Substances (National List). This section of the USDA organic 

regulations includes synthetic substances allowed in crop and livestock production, nonsynthetic 

substances prohibited in crop and livestock production, and non-organic substances allowed in 

the handling of organic products. 

Substance Section NOSB Recommendation

Squid and squid byproducts Crops: 205.601(j) Squid and squid byproducts (pH 

adjusted with synthetic acids) 

were classified as synthetic.

The motion to add squid 

byproducts to the National List 

with the following annotation: 

“can be pH adjusted with 

sulfuric, citric or phosphoric 

acid. The amount of acid used 

shall not exceed the minimum 

needed to lower the pH to 3.5”

passed.
Memorandum to NOSB

Response to NOSB Recommendations April 2016

Page 2

Substance Section NOSB Recommendation

Hypochlorous acid Crops:205.601(a)(2)(iv) Hypochlorous acid was 

classified as synthetic.

The motion to list as petitioned, 

“Hypochlorous acid generated 

from electrolyzed water” 

passed.

Sodium lactate/potassium 

lactate 

Handling: 205.605(b) The NOSB classified both 

sodium lactate and potassium 

lactate as synthetic.

The motion to list sodium and 

potassium lactate on the 

National List “for use as an 

antimicrobial agent and pH 

regulator only” passed.

Hypochlorous acid Handling: 205.605(b) The motion to list as petitioned, 

“Chlorine materials .... 

(...Hypochlorous acid 

generated from electrolyzed 

water)” passed.

Hypochlorous acid Livestock: 

205.603(a)(7)(iv)

The motion to list as petitioned, 

“Chlorine materials.... 

Hypochlorous acid generated 

from electrolyzed water” 

passed.

2. Other Recommendations

Ancillary Substances

The NOSB passed a recommendation to adopt a proposal for reviewing ancillary substances used 

in organic handling. Ancillary substances are sometimes present in allowed non-organic 

materials listed at sections 205.605 and 205.606.
Memorandum to NOSB

Response to NOSB Recommendations April 2016

Page 3

Parasiticides Annotation Change

The NOSB passed a recommendation to amend the regulations for parasiticides at sections

205.238(b) and 205.603(a): 1) to reduce the milk withdrawal period for fenbendazole and 

moxidectin, 2) to allow moxidectin for both internal and external use, 3) to allow fleece and wool 

from treated animals to be eligible for organic certification, and 4) to allow fenbendazole to be 

used without the written order of a veterinarian.

Lidocaine and Procaine annotation changes

The NOSB passed a recommendation to revise the annotations for lidocaine and procaine at 

section 205.603(b) to reduce the withdrawal period from 90 days to 8 days for slaughter stock 

and from 7 days to 6 days for dairy animals.

Policy Procedures Manual

The NOSB passed a recommendation for revisions to the policy and procedures manual to reflect 

the current procedures of the NOSB. 

NOP Discussion and Response

The NOP reviewed the NOSB’s recommendations and will be pursing the following intended 

actions. 

1. Petitioned Substances

Squid Byproducts (Crops)

The NOSB considered a petition to allow acid stabilized squid and squid byproducts for use as a 

fertilizer in organic crop production. The NOSB revised their recommendation to remove the 

possibility that whole squid would be harvested for the purpose of making fertilizer. The NOSB 

acknowledged that byproducts from squid processing waste streams may include the occasional 

whole squid. 

The NOSB passed a recommendation to add acid stabilized squid byproducts to section 

205.601(j)(7).

NOP Response: 

The NOP has reviewed the NOSB’s recommendation and plans to move forward with a proposed 

rule for public comment to add squid byproducts to the National List. 

Sodium and Potassium Lactate (Handling)

The NOSB considered a petition to allow sodium lactate and potassium lactate in organic 

processing and handling. 

Sodium and/or potassium lactate are generally produced from natural (fermented) lactic acid, 

which is then reacted with either sodium hydroxide or potassium hydroxide, respectively.
Memorandum to NOSB

Response to NOSB Recommendations April 2016

Page 4

The NOSB passed the recommendation to add these substances to section 205.605(b) for use as 

antimicrobial agents and pH regulators only.

NOP Response: 

The NOP has reviewed the NOSB’s recommendation and plans to move forward with a proposed 

rule for public comment to add sodium and potassium lactate to the National List. 

Hypochlorous Acid (Crops, Livestock, Handling)

The NOSB considered a petition to allow hypochlorous acid from electrolyzed water for use in 

organic crop and livestock production and handling.

The NOSB passed three separate recommendations (one each for crop, livestock, and handling 

uses) to add hypochlorous acid generated via electrolyzed water to each of the listings of 

chlorine materials on the National List at section 205.601(a)(2), 205.603(a)(7) and 205.605(b). 

NOP Response: 

The NOP has reviewed the NOSB’s recommendation and plans to move forward with a proposed 

rule for public comment to add hypochlorous acid to the National List. 

2. Other Recommendations

Ancillary Substances

The NOSB passed a recommendation for reviewing ancillary substances, which are sometimes 

present in materials listed at sections 205.605 and 205.606.

This recommendation supplements an earlier ancillary substances policy passed by the NOSB in 

2014. The current recommendation outlines specific procedures that the NOSB will use to 

review ancillary substances. It also provides procedures and an optional template that 

certification agencies can use in determining compliance. 

The NOSB is requesting that the NOP add these procedures to the NOSB policy and procedures 

manual as well as the NOP Handbook. 

NOP Response: 

The NOP is reviewing these recommendations to determine appropriate next steps.

Parasiticides

The NOSB passed a recommendation to amend the regulations for parasiticides at sections

205.238(b) and 205.603(a) to: 1) reduce the milk withdrawal period for fenbendazole and 

moxidectin, 2) allow moxidectin for both internal and external use, 3) allow fleece and wool 
Memorandum to NOSB

Response to NOSB Recommendations April 2016

Page 5

from treated animals to be eligible for organic certification, and 4) allow fenbendazole to be used 

without the written order of a veterinarian.

The recommendations that were passed by the NOSB at sections 205.238(b) and 205.603(a) are 

summarized as follows:

• The milk withdrawal period for fenbendazole and moxidectin is recommended at 2 days 

following treatment of cattle; 36 days following treatment of goats, sheep and other dairy 

species.

• Moxidectin is recommended for both internal and external use.

• It is recommended that fleece and wool from treated animals are eligible for organic 

certification after a withdrawal period of at least 90 days prior to harvesting fleece and/or 

wool.

• Fenbendazole is recommended to be used without the written order of a veterinarian.

NOP Response: 

The NOP has reviewed the NOSB’s recommendation and plans to move forward with a proposed 

rule for public comment to revise the annotation for parasiticides at section 205.238(b) and 

205.603(a).

Lidocaine and Procaine

The NOSB passed a recommendation to amend the regulations for lidocaine and procaine at 

section 205.603(b) to reduce the withdrawal period for both materials from the present 90 days to 

8 days for slaughter stock and from 7 days to 6 days for dairy animals. 

Lidocaine and procaine are local anesthetics used to reduce or prevent pain during de-budding 

horns in livestock, or general minor surgery on mature livestock. The NOSB finds that humane 

treatment of animals is critically important and the public expects high standards of animal 

welfare for organic livestock. A lengthy withdrawal period after treatment may result in animals 

not being treated in a timely manner, or not being treated at all. The NOSB recommended 

withdrawal periods that are double those specified by the Food Animal Residue Avoidance 

Databank (FARAD), a USDA funded university-based national program that serves as the 

primary source for scientifically-based recommendations regarding safe withdrawal intervals of 

drugs and chemicals in food-producing animals. 

NOP Response: 

The NOP has reviewed the NOSB’s recommendation and plans to move forward with a proposed 

rule for public comment to revise the annotation for lidocaine at section 205.603(b)(4) and 

procaine at section 205.603(b)(7).
Memorandum to NOSB

Response to NOSB Recommendations April 2016

Page 6

Policy Procedures Manual

The NOSB passed a recommendation to accept the revisions to the policy and procedures manual

(PPM), which reflects the current procedures, allowing for the collaborative and productive 

functioning of the NOSB. 

The PPM is designed to assist the NOSB in its responsibilities as a Federal Advisory Committee.

NOP Response

NOP reviewed and accepted the revisions to the PPM and posted the revised document, dated 

April 26, 2016, to the National Organic Standards Board page on the AMS website. 

3. Summary

The NOP acknowledges and sincerely appreciates the hundreds of hours NOSB members

provided in developing the NOSB April 2016 recommendations. In addition, the NOP supports

the NOSB’s vital role in representing the diversity of the organic community to enhance organic 

regulatory implementation and ensure organic product integrity.

The NOP welcomes new board members members Jessie Buie (Organic Producer), Emily 

Oakley (Organic Producer), Dan Seitz (Consumer), A-dae Romero-Briones (Consumer), Scott 

Rice (Accredited Certifying Agenct representative), Harriet Behar (Environmentalist/Resource 

Conservationist). Much of the success achieved by the NOP is due to the considerable expertise 

and dedication of NOSB members.