Formal Recommendation 

From: National Organic Standards Board (NOSB) 

To: the National Organic Program (NOP)

Date: 

Subject: 

Chair: 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: 

Guidance Statement: 

Other: 

Statement of Recommendation: (Motion # 1) 

 

Rationale Supporting Recommendation (including consistency with OFPA and NOP):

 

Committee Vote:

 

Moved: 

SecondĞĚ: 

Yes:EŽ͗ďƐƚĂŝŶ͗ďƐĞŶƚ͗ZĞĐƵƐĞ͗

 

 

 3DJHUHYLVHGPD

October 15, 2012

Petition to add Nonanoic Acid to 205.603 on the National List

Barry Flamm

Petition Failed

Passed

 Motion to classify nonanoic acid as petitioned (CAS # 112-05-0) as synthetic 

 

 

 

Nonanoic acid is a naturally occurring fatty acid produced at low levels by many organisms. The petition 

is for the the synthetic form of nonanoic acid produced through such processes as oxidation and 

ozonation (TR, lines 212-213). 

Jean Richardson

Colehour Bondera

15 0 0 0 0
Rationale Supporting Recommendation (including consistency with OFPA and NOP):

Statement of Recommendation: (Motion # 2)

Committee Vote:

 

Moved: 

SecondĞĚ: 

Yes:EŽ͗ďƐƚĂŝŶ͗ďƐĞŶƚ͗ZĞĐƵƐĞ͗

 

 

 

 

3DJHUHYLVHGPD

Failed

 Motion to list Nonanoic Acid as petitioned (CAS # 112-05-0) at 205.603 

 

 

 

 

 

 

The petitioned substance does not fit into any of the categories of allowable uses of synthetics in 7 USC 

Section 6517, and its use fails the criteria for impact on the agro-ecosystem, environment, essentiality 

and compatibility with organic and sustainable agriculture. The NOSB recommends against approving the 

petition.

Jean Richardson

Colehour Bondera

1 14 0 0 0
National Organic Standards Board

Livestock Subcommittee

Petitioned Material Proposal

Nonanoic acid

July 17, 2012

Summary of Proposed Action:

Nonanoic acid is a nine-carbon straight chain fatty acid which occurs at low levels in foods such 

as grapes, milk, oranges and apples. While there may be some non-synthetic sources of 

nonanoic acid, the petitioned material is a synthetic substance used as a topical insect repellent, 

with short term action requiring frequent treatment of livestock.

Nonanoic acid is an EPA registered fungicide and herbicide, and as such it does not appear on 

permitted substance lists in Canada, the European Union or Japan. There is potential for 

negative impact on the agro-ecosystem and soils. Further, there are a number of effective 

alternative treatments already available in addition to IPM and management practices. For these 

reasons the Livestock sub-committee is not recommending to add nonanoic acid to 205.603, 

insect repellent insecticide.

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: [ 3] Comments:

Nonanoic acid is an EPA registered fungicide and herbicide that can be used as a weed killer 

and blossom thinner.

Proposed Annotation (if any):

Basis for annotation: ܆ To meet criteria above ܆ Other regulatory criteria ܆ Citation 

Notes: 

Recommended Committee Action & Vote, including classification recommendation (state 

actual motion):

Classification Motion: Nonanoic acid (CAS112-05-0) as petitioned is synthetic

Motion by: Jean Richardson Seconded by: Colehour Bondera

Yes: 7 No: 0 Absent: 1 Abstain: 0 Recuse: 0

Listing Motion: To add nonanoic acid (CAS 112-05-0) to 205.603, insect repellent, 

insecticide
Livestock:NonanoicAcid

Motion by: Jean Richardson Seconded by: Tracy Favre

Yes: 0 No: 7 Absent: 1 Abstain: 0 Recuse: 0

܆ 1Allowed ܆ Agricultural ܆ Crops

Livestock x܆ Non-synthetic ܆ Prohibited2 ܆

Handling ܆ Synthetic ܆ ]Rejected3 x܆

No restriction ܆ Commercial unavailable as 

organic

܆ 4Deferred ܆

1

Substance voted to be added as “allowed” on National List to § 205. 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: 

4

Substance was recommended to be deferred because 

If follow-up needed, who will follow up: 

Approved by Committee Chair to Transmit to NOSB

Wendy Fulwider, Committee Chair July 17, 2012

NOSB Evaluation Criteria for Substances Added To the National List

Category 1. Adverse impacts on humans or the environment?

Substance: Nonanoic Acid 

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

The TR was not clear on this issue 

3. Is the substance harmful to the 

environment and biodiversity?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X X

The TR (lines 333-338) suggests 

that beneficial nematodes may be 

affected negatively by this substance

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

6. Are there adverse biological and 

chemical interactions in agroecosystem? [§6518 m.5]

X

7. Are there detrimental physiological 

effects on soil organisms, crops, or 

livestock? [§6518 m.5]

X TR (lines 293-297) indicates 

potential wind drift impact on 

blossoms and weeds; 

TR (lines 333-338) concern over 
Livestock:NonanoicAcid

negative impact on nematodes in 

soil; lack of clarity on impact on 

beneficial nematodes and 

earthworms

8. Is there a toxic or other adverse action 

of the material or its breakdown 

products?

[§6518 m.2]

X

9. Is there undesirable persistence or 

concentration of the material or 

breakdown products in environment?

[§6518 m.2]

X

10. Are there any harmful effects on 

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

c(2)(A)i; §6518 m.4]

X X TR (lines 383-385) indicates that the 

substance is an irritant, but was not 

evaluated for chronic toxicity.

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.
Livestock:NonanoicAcid

NOSB Evaluation Criteria for Substances Added To the National List

Category 2. Is the Substance Essential for Organic Production?

Substance: Nonanoic acid

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

regulatory agency; other)

1. Is the substance formulated or 

manufactured by a chemical process? 

[6502 (21)]

X

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

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 TR (lines 398-400 and 413-414; 421-

441) indicates a wide range of natural 

substitute products.

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

10. Is there another practice that would 

make the substance unnecessary? 

[§6518 m.6]

X TR (lines 446-515) describes systems 

of Integrated Pest Management (IPM)

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.
Livestock:NonanoicAcid

NOSB Evaluation Criteria for Substances Added To the National List

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

Substance: Nonanoic acid

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

3. Is the substance compatible with a 

system of sustainable agriculture? 

[§6518 m.7]

X

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.
Livestock:NonanoicAcid

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: Name Nonanoic acid

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 

X
Livestock:NonanoicAcid

production or destroy crops or 

supplies; 

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.