Updated June 17, 2010 

Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

 

Date: October 28, 2010 

Subject: EPA List 4—Inerts of Minimal Concern for relisting on the 

National List 205.601 as part of Sunset 2012 

Chair: Daniel G. Giacomini 

 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action Relist EPA List 4—Inerts of Minimal Concern 

Guidance Statement 

Other 

 

Statement of the Recommendation (Including Recount of Vote): 

 

The Board recommends the continued listing of EPA List 4—Inerts of Minimal 

Concern on 205.601 Synthetics substances allowed for use in organic crop 

production by a count of 0 no and 14 yes votes. 

 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

 

 

Following the recommendation of the Board at the Spring 2010 meeting 

regarding these materials, it is recommended that we re-list EPA List 4 inerts 

pending review by the program of inerts individually and as a class of 

materials. To allow these materials to sunset at this point would be too 

disruptive to the industry. 

 

NOSB Vote: 

Moved: Jeff Moyer Second: Tina Ellor 

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0 
National Organic Standards Board

Crops Committee 

2012 Sunset Recommendation 

EPA List 4—Inerts of Minimal Concern

September 9, 2010

List: §205.601 Synthetic substances allowed for use in organic crop production.

(m)As synthetic ingredients as classified by the Environmental Protection Agency (EPA), for 

use with nonsynthetic substances or synthetic substances listed in this section and used as an 

active pesticide ingredient inaccordance with any limitations on the use of such substances.

(1) EPA List 4—Inerts of Minimal Concern

Committee Summary

Following the recommendation of the Board at the Spring 2010 meeting regarding these 

materials, it is recommended that we re-list EPA List 4 inerts pending review by the program 

of inerts individually and as a class of materials. To allow these materials to sunset at this point 

would be to disruptive to the industry.

Committee Recommendations

The Crops Committee recommends the continued listing of EPA List 4—Inerts of Minimal 

Concern on 205.601 Synthetics substances allowed for use in organic crop production. 

Committee Vote

Motion: Jeff Moyer Second: Tina Ellor

Yes: 4 No: 2 Abstain: 0 Absent: 1

Minority Opinion

Given the statutory responsibility of the NOSB to evaluate allowable substances on the 

National List, including inert ingredients in pesticides, it is critical that the now defunct EPA 

inert ingredient listing process, on which the Board relied, be replaced as soon as possible by 

a new system of review, based on a collaboration between EPA, NOP and the NOSB. It is the 

minority opinion of the Crops Committee that a blanket five-year relisting of List 4 inert

ingredients under the Sunset Review process is much too long because of the widespread use 

of these ingredients in product formulations and the current reliance on a now non-existent 

review process. 

As is recognized by EPA and the guidance recommendation adopted by the NOSB at its April 

2010 meeting, so-called inert ingredients—including those in products for use in organic 

systems—are not biologically and chemically inert. They may act as solvents, emulsifiers, 

synergists, or even active pesticidal ingredients. As we have seen from EPA’s previous 
2012 Sunset Recommendation 

EPA List 4—Inerts of Minimal Concern

September 9, 2010

Page 2 of 2

delisting of numerous List 4 inerts, the review of these chemicals is not a static process, and 

listings are subject to change based on updated reviews, new science, and better 

understanding. Therefore, the NOSB must insist on an expeditious process to implement the 

inert ingredient guidance document adopted by the Board at its April 2010 meeting. It is the 

strong minority view of the Committee that the best way to express the Board’s sense of 

urgency in upholding the legitimacy of its materials review process is to limit the time frame for 

relisting on the NL those chemicals previously on List 4 to three years. It is our hope and 

desire that the setting of a reasonable yet firm time frame will help to elevate the importance of 

this issue and move implementation ahead in the most expeditious fashion.

Barry Flamm and Jay Feldman

Respectfully submitted,

Tina Ellor, Chair 

Crops Committee