Updated June 17, 2010

Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: April 29, 2011

Subject: Sunset of Copper Products

Chair: Tracy Miedema

 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action X

Guidance Statement 

Other 

Statement of the Recommendation (Including Recount of Vote): 

Relist copper products: §205.601 Synthetic substances allowed for use in 

organic crop production.

(i) As plant disease control

(2) Coppers, fixed--copper hydroxide, copper oxide, copper oxychloride, 

includes products exempted from EPA tolerance, Provided, That, copperbased materials must be used in a manner that minimizes accumulation 

in the soil and shall not be used as herbicides.

(3) Copper sulfate--Substance must be used in a manner that minimizes 

accumulation of copper in the soil. The Crops Committee motion that 

would have added a requirement for periodic soil testing failed by a vote 

of 6 yes, 8 no.

 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

The accumulation of copper in the soil is detrimental to the environment and 

therefore must be monitored and carefully managed. The buildup of copper in 

the soil can be toxic to earthworms, fungi (including mycorrhizae), bacteria, and 

most soil animal life. Because copper is highly toxic to most aquatic species, 

runoff into waterways must be avoided. Good management practices require 

close monitoring to ensure that there is no accumulation in the soil. The 

Committee will work with the National Organic Program to advance guidance 

that ensures that organic operations are strictly meeting, and to the extent 

possible, exceeding the standards established by the product label in meeting 

principles of sustainability and a sustainable work environment for all those 

who work in organic production.
Updated June 17, 2010

NOSB Vote:

Moved: John Foster Second: Katrina Heinz

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

Crops Committee 

2012 Sunset Recommendation 

Coppers 

April 29, 2011 

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

(i) As plant disease control 

(1) Coppers, fixed--copper hydroxide, copper oxide, copper oxychloride, includes 

products exempted from EPA tolerance, Provided, That, copper-based 

materials must be used in a manner that minimizes accumulation in the soil 

and shall not be used as herbicides. 

(2) Copper sulfate--Substance must be used in a manner that minimizes 

accumulation of copper in the soil. 

Summary

The Crops Committee recognizes, as have all the technical reviews going back to 1995, 

that, while effective in management plant diseases, the accumulation of copper in the 

soil is detrimental to the environment and therefore must be monitored and carefully 

managed. The buildup of copper in the soil can be toxic to earthworms, fungi (including 

mycorrhizae), bacteria, and most soil animal life. Because copper is highly toxic to most 

aquatic species, runoff into waterways must be avoided. Good management practices 

require close monitoring to ensure that there is no accumulation in the soil. 

Workers on the farm are exposed to copper pesticides through mixing, loading and/or 

applying the pesticide (handlers) or re-entering treated sites. It is recognized that 

allowed copper compounds and formulations cause dermal or eye irritation and can 

cause other health problems. While the labels on products contain precautionary 

language, the committee understands that appropriate Personal Protective Equipment 

(PPE) must be utilized and compliance with EPA’s Worker Protection Standard, 

including adherence to reentry intervals, is absolutely critical when these products are 

used. The Committee will work with the National Organic Program to advance guidance 

that ensures that organic operations are strictly meeting, and to the extent possible, 

exceeding the standards established by the product label in meeting principles of 

sustainability and a sustainable work environment for all those who work in organic 

production. 

In public comments, the concern was also raised that these copper products are listed 

without specifying their use, which makes it difficult for the board to determine whether 

they meet the essentiality criterion. 
Sunset 2012 Recommendation 

Copper 

April 29, 2011

Page 2 of 2

Committee Recommendation 

The Crops Committee recommended the continued listing of coppers (fixed) and copper 

sulfate with the addition of language that requires periodic testing of the soil for copper 

levels. The motion was to amend the current listing of coppers (fixed) and copper 

sulfate to read: “(i) As plant disease control. (1) Coppers, fixed—copper hydroxide, 

copper oxide, copper oxychloride, includes products exempted from EPA tolerance, 

Provided, That, copper-based materials must be used in a manner that minimizes 

accumulation in the soil and documented through periodic testing and shall not be used 

as herbicides” and “(2) Copper sulfate—Substance must be used in a manner that 

minimizes accumulation of copper in the soil and documented through periodic testing.” 

Committee Vote 

Motion: Jay Feldman Second: Barry Flamm 

Yes: 6 No: 0 Absent: 0 Abstain: 0 Recuse: 0