This is a Sunset Preliminary Review by a Subcommittee of the National Organic Standards Board (NOSB). Sunset preliminary reviews are posted for 

public comment and the NOSB will refer to them to complete the sunset review process. They are not final Board recommendations or NOP policy. 

For more information, see the Sunset Review and Renewal Process fact sheet, and Federal Register notice of Sept. 16, 2013.

Sunset 2015 Review 

Meeting 2 - October 2014

Handling Subcommittee Review

Sherry

August 22, 2014

As part of the National List Sunset Review process, the NOSB Handling Subcommittee has evaluated the need for 

the continued allowance for or prohibition of the following substances for use in organic handling.

Sherry Agricultural

Use - As nonorganically produced agricultural product allowed as ingredient in or on processed products

Listing: Fortified cooking wines. (2) Sherry

Technical Report: none

Original Petition: Sherry (2007)

Past NOSB Actions: NOSB review and recommendation for addition to the National List 05/08

Regulatory Background:

Proposed for addition to National List 6/3/09 (74 FR 26591) 

Added to National List 12/13/2010 (75 FR 7751)

Sunset Date: 12/14/2015

Reference: 7 CFR 205.606(g)(2)

Subcommittee Review

Summary:

The original petition cited the flavor profile of cooking Sherry as being unique, and that no organic sources of 

were available. Cooking Sherry, or Sherry of any kind, is made using standard wine making processes, and is 

fortified with Brandy, which acts as a preservative and therefore no added sulfites are necessary. There are 

small-scale organic sources of Brandy available in the U.S., although the quantities available are not certain. 

Additionally, there are international sources of organic Brandy. The key to the manufacture of Sherry is Flor 

yeast, which is available from Spain. Generally, there is low demand for Sherry in the United States, with 

Americans preferring other forms of wine. The United Kingdom and other European countries have higher 

demand for Sherry. 

After discussions with various industry personnel, there seems to be no barrier to manufacture of organic 

Cooking Sherry, but there is very low demand for it. The original petitioner of the material did not comment 

during the first comment period in Spring 2014, and contact information was unavailable. One U.S. producer 

of organic wines did indicate that he has been contacted 2-3 times in the last few years to see if he produced 

the product, but the requester indicated that his price was too high.

With low demand, the limited availability of organic Sherry in the U.S. may not be an issue. Without input 

from the original petitioner, it’s difficult to assess the impact of a decision to de-list Cooking Sherry.

The Handling Subcommittee requests public feedback regarding the impact that removal of Sherry would have 

on your operation.
Motion to Remove:

This proposal to remove will be considered by the NOSB at its public meeting.

Based on the Subcommittee’s review, the Subcommittee proposes removal of this substance from the 

National List based on the following criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 

205.600(b) if applicable: 205.600(b)(6) the substance is essential for the handling of organically produced 

agricultural products.

The Handling Subcommittee believes that the full board should have the opportunity to complete the 

review of each sunset material by voting. The NOP has stated that to do this a motion to remove should be 

brought from the Subcommittee for each substance. If the Subcommittee motion to remove fails to receive 

a majority, the motion will still be put forward to the full board for review. The motion to remove is voted 

by the full board and needs to receive a 2/3 majority to recommend removal.

Motion: Remove Sherry from the National List at 205.606(g)(2)

Motion by: Tracy Favre

Seconded by: Zea Sonnabend

Yes: 6 No: 0 Abstain: 0 Recuse: 0 Absent: 2

NOSB Evaluation Criteria for Sunset Review (Optional checklist)

Category 1. Adverse impacts on humans or the environment? Fortified Cooking Wine - Sherry

Question Yes No N/A Comments/Documentation. (TAP; petition; 

regulatory agency; other)

1. Are there adverse effects on the 

environment, or is there a probability of 

environmental contamination during use or 

misuse of the substance?

[§205.600(b)(2), [§6518(m)(3)]

X

2. Are there adverse effects on the 

environment or is there a probability of 

environmental contamination during 

manufacture or disposal of the substance? 

[§6518(m)(3)]

X

3. Are there any adverse impacts on

biodiversity? (§205.200)

X

4. Does the substance contain inerts classified 

by EPA as ‘inerts of toxicological concern’? 

[§6517 (c)(1)(B)(ii)]

X

5. Is there undesirable persistence or 

concentration of the material or breakdown 

products in the environment? [§6518(m)(2)]

X

6. Are there any harmful effects on human 

health from the main substance or the 

ancillary substances that may be added to it? 

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

X Over consumption of alcoholic beverages 

does have harmful effects on human health, 

but cooking sherry is not typically over 

consumed. 

rev: August 2014
§6518(m)(4), 205.600(b)(3)] 

7. Is the substance, and any ancillary 

substances, GRAS when used according to 

FDA’s good manufacturing practices? 

[§205.600(b)(5)]

X

8. Does the substance contain residues of 

heavy metals or other contaminants in 

excess of FDA tolerances? [§205.600 (b)(5)]

X

Category 2. Is the Substance Essential for Organic Production? Substance: Fortified Cooking Wine - Sherry

Question Yes No N/A Comments/Documentation. (TAP; petition; 

regulatory agency; other)

1. Is the substance agricultural? [§6502(1)] X Made from wine grapes and fortified with 

brandy, both agricultural products.

2. Is the substance formulated or 

manufactured by a chemical process? 

[§6502(21)]

X Natural fermentation process and distillation.

3. 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 Natural fermentation process creates alcohol 

in the grape juice.

4. Is the substance created by naturally 

occurring biological processes? 

[§6502(21)]

X Natural fermentation, with the inclusion of 

Flor yeast creates the unique flavor profile.

5. Is there a natural source of the substance? 

[§ 205.600(b)(1)]

X

6. Is there an organic substitute? 

[§205.600(b)(1)]

X Low demand but there are small scale 

producers in the U.S.

7. Is the substance essential for handling of 

organically produced agricultural products? 

[§205.600(b)(6)]

X According to the petitioner, the flavor profile 

of Cooking Sherry imparts a unique flavor to 

the final product but it is not absolutely 

essential for use.

8. Is there a wholly natural substitute product?

[§6517(c)(1)(A)(ii)]

X

9. Are there any alternative substances? 

[§6518(m)(6)]

X X Other fortified wines could be used but 

would not have the same flavor profile

10. Is there another practice (in farming or 

handling) that would make the substance 

unnecessary? [§6518(m)(6)]

X

11. Have the ancillary substances associated 

with the primary substance been reviewed? 

Describe, along with any proposed 

limitations. 

X

rev: August 2014
Category 3. Is the substance compatible with organic handling practices? Substance: Fortified Cooking Wine - 

Sherry

Question Yes No N/A Comments/Documentation. (TAP; petition; 

regulatory agency; other)

1. Is the substance consistent with organic 

handling? [§6517(c)(1)(A)(iii); 

6517(c)(2)(A)(ii)]

X Cooking Sherry as currently on the National 

List is not organic.

2. Is the manner of the substance’s use, 

manufacture, and disposal compatible with 

organic handling? [§205.600(b)(2)]

X See above comment

3. Is the substance compatible with a system of 

sustainable agriculture? [§6518(m)(7)]

X See above comment

4. Are the ancillary substances reviewed 

compatible with organic handling [?

X No ancillary substances

5. Is the nutritional quality of the food 

maintained with the substance? 

[§205.600(b)(3)]

X Flavor profile only.

6. Is the primary use as a preservative? 

[§205.600(b)(4)]

X Because of the brandy in fortified wine, it has 

natural preservative properties but that is 

not the primary use in products.

7. Is the primary use to recreate or improve 

flavors, colors, textures, or nutritive values 

lost in processing (except when required by 

law)? [§205.600(b)(4)]

X Primary use is to impart a specific flavor 

profile to foods.

Category 4. Is the commercial supply of an organic agricultural substance fragile or potentially unavailable? 

[§6610, 6518, 6519, §205.2, § 205.105(d), §205.600(c)] Substance: Fortified Cooking Wine - Sherry 

Question Yes No N/A Comments/Documentation. (TAP; petition; 

regulatory agency; other)

1. Is the comparative description as to why the 

non-organic form of the material /substance 

is necessary for use in organic handling 

provided? 

X Original petition cited the flavor profile of 

cooking Sherry as being unique to the 

product, and no organic sources of the 

material was available. 

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 Conversations with various industry 

personnel indicate that there is low demand 

for sherry in the U.S. except as a cooking 

wine, therefore there has been no significant 

incentive for development of an organic 

source. However, there are no real obstacles 

to producing an organic version, based upon 

materials and/or processes. 

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 There seems to be no barrier to production 

except for limited demand.

rev: August 2014
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 X Initial investigation has indicated that smallscale producers would be able to provide the 

ingredient, but information regarding the 

amount required as an ingredient for the 

products mentioned in the petition is not 

available. There was no information 

available regarding foreign sources for the 

material.

5. Does the industry information about 

unavailability include (but is not limited to) 

the following?:

a. Regions of production (including factors 

such as climate and number of regions);

X A small-scale producer is available in the 

Pacific Northwest, however there is 

insufficient information regarding the 

national demand for the product so it’s not 

clear whether the location of the 

manufacture of the material is relevant.

b. Number of suppliers and amount 

produced;

X Investigation has only shown one small- scale 

U.S. producer on an as-needed basis but the 

total amount produced is not available.

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 See comment above.

d. Trade-related issues such as evidence of 

hoarding, war, trade barriers, or civil 

unrest that may temporarily restrict 

supplies; or

X See comment above.

e. Other issues which may present a 

challenge to a consistent supply?

X Limited production due to limited demand 

could cause restrictions in availability should 

demand increase.

rev: August 2014