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Formal Recommendation 

From: National Organic Standards Board (NOSB)

To: the National Organic Program (NOP)

Date: October 25, 2019

Subject: Sunset Reviews - Handling 2021

NOSB Chair: Harriet Behar

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: X

The NOSB recommends the following sunset substances be renewed:

Reference: 7 CFR 205.605 Nonagricultural (Nonorganic) substances allowed as ingredients in or 

on processed products labeled as ‘‘organic’’ or ‘‘made with organic (specified ingredients or food 

group(s)).’’

§205.605(a) Nonsynthetics allowed:

Acid, Citric

Acid, Lactic

Calcium chloride

Enzymes

L-Malic acid

Magnesium sulfate

Microorganisms

Perlite

Potassium iodide

Yeast

§205.605(b) Synthetics allowed:

Activated charcoal

Ascorbic acid

Calcium citrate

Ferrous sulfate

Hydrogen peroxide

Nutrient vitamins and minerals

Peracetic acid

Potassium citrate

Potassium phosphate

Sodium acid pyrophosphate

Sodium citrate

Tocopherols
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Reference: 7 CFR 205.606 Nonorganically produced agricultural products allowed as ingredients 

in or on processed products labeled as “organic.”

Celery powder

Fish oil

Gelatin

Orange pulp, dried

Seaweed, Pacific kombu

Wakame seaweed (Undaria pinnatifida)

The NOSB recommends the following sunset substances be removed from the National List:

Reference: 7 CFR 205.605 Nonagricultural (Nonorganic) substances allowed as ingredients in or 

on processed products labeled as ‘‘organic’’ or ‘‘made with organic (specified ingredients or food 

group(s)).’’

§205.605(a) Nonsynthetics allowed:

Dairy cultures

§205.605(b) Synthetics allowed: 

Alginic acid

NOSB Vote: See below for votes and rationale supporting each recommendation
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Acids – Citric

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Acids (Citric – produced by microbial fermentation of 

carbohydrate substances; and Lactic).

Technical Report: 1995 TAP - Citric; 2015 TR - Citric; 1995 TAP - Lactic; 2015 TR - Lactic

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Citric acid has GRAS status (Generally Recognized as Safe) by the FDA. Citric acid has many uses in food 

production. It has a history of safe use in organic foods dating back to 1995. Natural citric acid may be 

isolated from organically grown fruit but has not been commercially available in the quantities that would 

be required to service the organic sector. Four certifiers submitted public comment indicating a total of 

240 Organic Systems Plans which include citric acid. Two commenters wrote that citric acid should be 

classified as synthetic unless it is possible to define non-synthetic citric acid by annotation. The TR found 

citric acid to be non-synthetic since it is processed via fermentation. No new information was brought 

forward in terms of harm to human health or the environment. 

NOSB Vote:

Motion to remove citric acid based on the following criteria in the Organic Foods Production Act (OFPA) 

and/or 7 CFR 205.605(a) if applicable: NA

Motion by: Lisa de Lima

Seconded by: Scott Rice 

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Acids – Lactic

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Acids (Citric – produced by microbial fermentation of 

carbohydrate substances; and Lactic).

Technical Report: 1995 TAP - Citric; 2015 TR - Citric; 1995 TAP – Lactic; 2015 TR - Lactic

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022
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Subcommittee Review

NOSB Review:

Lactic acid is a “Direct Food Substance Affirmed as Generally Recognized as Safe,” or GRAS, as an 

antimicrobial agent, curing and pickling agent, flavor enhancer, flavoring agent and adjuvant, pH control 

agent, and as a solvent and vehicle, with no limitation other than current good manufacturing practice 

according to FDA regulations at 21 CFR 184.1061. Two commenters commented that lactic acid should be 

classified as synthetic, due to the material being a product of fermentation. No new information was 

brought forward in terms of harm to human health or the environment. 

NOSB Vote:

Motion to remove lactic acid based on the following criteria in the Organic Foods Production Act (OFPA) 

and/or 7 CFR 205.605(a) if applicable: NA

Motion by: Lisa de Lima

Seconded by: Asa Bradman 

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Calcium chloride

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Calcium chloride.

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Public comment from trade associations, certifiers and manufacturers were supportive of relisting, noting 

that it is in use as a buffering agent in fruit preps, in cheese-making, in olive packing, in dairy analogs, as a 

disinfectant when used in conjunction with chlorine to mitigate effects on plant tissues, and as a tool to 

mitigate acrylamide in baking applications. Other comments were received from interest groups 

questioning the purity of commercially available calcium chloride at 6% impurities. The current United 

States Pharmacopeia Food Chemicals Codex (USP FCC) monograph for calcium chloride allows for up to 7% 

impurities. No context was given for why this is an area of concern. No new information was received by 

the NOSB supporting removal of this substance. 
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NOSB Vote:

Motion to remove calcium chloride from §205.605(a) of the National List based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Dairy cultures

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Dairy cultures.

Technical Report: 1995 TAP; 2014 TR for Ancillary Substances

Petition(s): N/A

Past NOSB Actions: 05/2003 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Dairy cultures are used by organic dairy processors to make yogurt, cheese, cultured sour cream and other 

fermented milk products. According to the 2014 technical report (TR) on microorganisms, there is 

widespread international acceptance of microorganisms and dairy cultures. While there is widespread 

support for the use of dairy cultures, the Handling Committee believes that this listing is now redundant 

and is covered by the listing for microorganisms. The NOSB received some public comment that would 

have preferred to keep dairy cultures as a separate listing, but those commenters also agreed that dairy 

cultures are covered under the microorganism listing. The NOSB voted to remove dairy cultures from the 

National List, with the knowledge that they are still allowed under the microorganism listing.

NOSB Vote:

Motion to remove dairy cultures from §205.605(a) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Steve Ela

Seconded by: Scott Rice

Yes: 13 No: 0 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion Passed
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Enzymes

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Enzymes—must be derived from edible, nontoxic plants, 

nonpathogenic fungi, or nonpathogenic bacteria.

Technical Report: 1995 TAP; 1996 TAP; 2011 TR; 2015 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2011 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Enzymes are naturally occurring proteins that act as highly efficient catalysts in biochemical reactions. They 

are used to carry out naturally occurring biological processes that are useful in the processing of food 

products or ingredients. Fermentation produced chymosin (FPC) rennet is derived from genetically 

modified organisms and is not allowed in organic agriculture. 

Public comments widely favored relisting of enzymes and numerous examples were listed of their use in 

organic handling. One group did object to the review of enzymes as a class noting that this broad review 

was insufficient to address classification and adherence to all OFPA criteria. They noted that enzymes 

should be classified as synthetic unless annotated to define those that have not undergone synthetic 

chemical change.

NOSB Vote:

Motion to remove enzymes from §205.605(a) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Steve Ela

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

L-Malic acid

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: L-malic acid (CAS # 97-67-6).

Technical Report: 2003 TR; 2019 TR

Petition(s): L-Malic Acid 11/01/02 

Past NOSB Actions: 05/2003 sunset recommendation; 11/2009 sunset recommendation
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Recent Regulatory Background: Added to National List 09/11/06 (71 FR 53299)

Renewed 08/03/2011 (76 FR 46595); Renewed 09/12/16 (81 FR 8821)

Sunset Date: 9/12/2021

Subcommittee Review

NOSB Review:

L-malic acid occurs naturally in many fruits and vegetables, including apples and cherries and can be 

obtained by enzymatic conversion of fumaric acid and by fermentation of glucose and other carbohydrates. 

It is not economical to extract L-malic acid from natural foodstuffs such as apple juice. A number of 

certifiers noted that L-malic acid appears on the organic system plans of their certified operations and is 

still widely used. 

It is clear to the Subcommittee that this material should be reclassified and placed on 205.605(b) to reflect 

that the commercially available sources are a product of a synthetic manufacturing process. This 

reclassification cannot be completed via sunset review, so the subcommittee is proposing to relist this 

material and address the reclassification as a separate work plan item for consideration at a future meeting.

NOSB Vote:

Motion to remove L-malic acid from §205.605(a) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Scott Rice

Seconded by: Tom Chapman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Magnesium sulfate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed. Magnesium sulfate, nonsynthetic sources only. 

Technical Report:1995 TAP; 2011 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2011 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Magnesium sulfate has a wide variety of uses in food processing and personal care products. It is used as a 

firming agent in the production of tofu. A common name for magnesium sulfate is Epsom salt. Calcium 

sulfate and magnesium chloride were noted as alternatives to magnesium sulfate in tofu production. Most 
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comments on magnesium sulfate were to relist it as a synthetic on the crops and livestock sections of the 

National List. There were no specific comments either for or against this listing on 205.605 (a).

NOSB Vote:

Motion to remove magnesium sulfate from §205.605(a) of the National List based on the following criteria 

in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Scott Rice

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Microorganisms

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Microorganisms—any food grade bacteria, fungi, and other 

microorganism. 

Technical Report: 2003 TAP; 2014 TR; 2015 Ancillary Substances

Petition(s): 2002 petition

Past NOSB Actions: 09/2002 minutes and vote; 11/2009 sunset recommendation

Recent Regulatory Background: Added to National List with annotation 09/11/06 (71 FR 53299)

Renewed 08/03/2011 (76 FR 46595); Renewed 09/12/16 (81 FR 8821)

Sunset Date 9/12/2021

Subcommittee Review

NOSB Review:

Microorganisms used in organic handling include those that are used as probiotics, for fermentation, and 

bacteriophages used for food safety. Public comments noted that microorganisms are essential to organic 

handling and there was widespread support for their relisting. Additional comments suggested combining 

the dairy culture listing with the microorganism listing since diary cultures are microorganisms. 

There were several comments about the definition of microorganisms. The definition is critical for 

microorganisms in use currently, and can be used to determine whether additional organisms, such as 

unicellular algae, should be considered microorganisms. They also include products of fermentation that 

have been isolated from the fermentation organisms, including glycerin, gellan gum, L-malic acid, and 

others. We assume that the listing does not cover the last group, but that those organisms and their 

manufacture should be evaluated in the course of evaluating their products that are on the National List 

(NL). If the listing is intended to cover the group of killed microbial products, then the evaluation should 

include algae as well as the other organisms addressed in the technical review. These comments did not 

suggest that microorganisms should be delisted, but rather that additional attention needs to be paid to 

this particular listing and the definitions associated with it.

NOSB Vote:

Motion to remove microorganisms from §205.605(a) of the National List based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Steve Ela
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Seconded by: Lisa de Lima

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Perlite

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Perlite—for use only as a filter aid in food processing.

Technical Report: 1996 TAP

Petition(s): N/A

Past NOSB Actions: 09/1996 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022 

Subcommittee Review

NOSB Review:

Perlite is used as a filter aid in food processing, such as filtration of juices, beer, wine, and vegetable oils.

The listing of perlite has been consistently supported by the NOSB and organic stakeholders. There is some 

concern with the potential human health hazard of inhalation of fine silica dust when using this material. 

Personal protective equipment such as a dust mask can minimize this risk. Several certifiers noted its 

presence on the organic system plans of operations they certify.

NOSB Vote:

Motion to remove perlite from §205.605(a) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Scott Rice 

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Potassium iodide

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Potassium iodide.

Technical Report: 1995 TAP; 2011 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2011 Formal 

recommendation by the NOSB; 10/2015 NOSB Final Review
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Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Potassium iodide is used as a form of iodine in trace mineral supplements. Iodine is an essential component 

of the thyroid hormones that regulate basal metabolism. 

Public comment was received about its use in infant formula and in fortified foods. No new information 

was received by the NOSB supporting removal of this substance. 

NOSB Vote:

Motion to remove potassium iodide from §205.605(a) of the National List based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Scott Rice

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Yeast

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(a) Nonsynthetics allowed: Yeast—When used as food or a fermentation agent, yeast 

must be organic if its end use is for human consumption; nonorganic yeast may be used when equivalent 

organic yeast is not commercially available. Growth on petrochemical substrate and sulfite waste liquor 

is prohibited. For smoked yeast, nonsynthetic smoke flavoring process must be documented.

Technical Report: 1995 TAP (Smoked Yeast); 1995 TAP (Baker’s Yeast); 2014 TR

Petition(s): 2006 Petition; 2010 Petition Supplement; 2010 Petition memo

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 3/2007 NOSB 

committee recommendation; 10/2010 sunset recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290): Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Yeast is a microorganism that is commonly used for fermentation, baking, food flavors, adding nutritional 

value and providing health benefits. Yeasts are in kingdom Fungi and are single celled eukaryotic 

organisms. Public comment was overwhelmingly in favor of relisting of yeasts as annotated. Commenters 

noted that since yeast is commonly not available in organic form necessary for certain flavors, yeasts are 

not always available in the quantities needed, and that organic yeast quality can vary, the annotation and 

listing should remain as is.
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NOSB Vote:

Motion to remove yeast from §205.605(a) of the National List based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Steve Ela

Seconded by: Asa Bradman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

§205.605(b) Synthetics allowed:

Activated charcoal

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Activated charcoal (CAS #s 7440-44-0; 64365-11-3)—only from 

vegetative sources; for use only as a filtering aid.

Technical Report: 2002 TAP

Petition(s): 2002 petition 

Past NOSB Actions: 09/2002 sunset recommendation ; 11/2009 sunset recommendation.

Regulatory Background:

Added to National List with annotation 9/11/06 (71 FR 53299); Renewed 8/03/2011 (76 FR 46595); 

Renewed 09/12/16 (81 FR 8821)

Sunset Date: 9/12/2021

Subcommittee Review

NOSB Review:

Activated charcoal has minimal impact on human health and the environment. It may cause respiratory 

problems for those who handle it, especially as the particle size decreases. Its use in processing doesn’t 

generally have an effect or chemical interaction in the agroecosystem. The greatest impact of activated 

charcoal from vegetative sources is the removal of organic matter from the system. 

During the first round of comments in the spring, several food manufacturers noted the use of this product, 

with at least one stating they have not identified a suitable non-synthetic alternative. One organization 

wishes to see its use limited to filtration of water and limit the available forms to those made via steam 

activation.

NOSB Vote:

Motion to remove activated charcoal from §205.605(b) of the National List based on the following criteria 

in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): N/A

Motion by: Scott Rice

Seconded by: Asa Bradman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed
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Alginic Acid

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Alginic acid (CAS #9005-32-7).

Technical Report: 2015 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2010 sunset 

recommendation; 10/2015 sunset recommendation; 10/2015 formal recommendation (reclassification)

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420); Proposed rule 1/17/2018 (83 FR 2498); Reclassified effective 01/28/2019 (83 FR 

66559)

Sunset Date: 01/28/2024

Subcommittee Review

NOSB Review:

Alginic acid is used in the food industry as an emulsifier, emulsifier salt, formulation aid, stabilizer, and 

thickener for soups and soup mixes. FDA limits the use of alginic acid to soups and soup mixes. During the 

public comment period the board received no comments from manufacturers citing their use of alginic acid 

and there were no reports from certifiers of the material being included in any Organic Systems Plans. The 

NOSB has voted to delist this material since it is not essential, nor used, in organic handling. The 2015 TR

cites possible hydrocolloids alternatives including agar agar, carrageenan, gellan gum and xanthan gum. 

NOSB Vote:

Motion to remove alginic acid based on the following criteria in the Organic Foods Production Act (OFPA) 

and/or 7 CFR 205.605(b) if applicable: Essentiality 

Motion by: Lisa de Lima

Seconded by: Harriet Behar

Yes: 13 No: 0 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion Passed

Ascorbic acid

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Ascorbic acid.

Technical Report: 1995 TAP; 2019 TR pending (to be posted at https://www.ams.usda.gov/rulesregulations/organic/national-list/a) 

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2010 sunset 

recommendation; 10/2015 NOSB Final Review
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Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Ascorbic acid is used as a dietary supplement and nutrient, flavor ingredient, used in meat and meat 

containing products, curing and pickling, in flour to improve baking quality, as an antioxidant in fats and 

oils, and a wide variety of other food processing uses. It is also used in frozen and precut fruits as an 

antioxidant. Industrially produced L-ascorbic acid is widely used in the feed, food, and pharmaceutical 

sector as a nutritional supplement and preservative, making use of its antioxidative properties. Ascorbic 

acid is often added to processed foods for nutritional purposes and is one of the most common sources of 

Vitamin C, which provides many important biological functions. 

However, its addition as a nutritional fortifier also provides preservative properties. The preservative 

nature of the compound is derived from its reducing nature, through which it reacts with oxidized species 

(including radicals and molecular oxygen) to prevent enzymatic browning and food spoilage. 

Public comment from a juice products trade group supported its relisting. Other comments noted its 

necessity for flavoring food products, as a pH adjustor for protein coagulation such as in protein processing 

and cheese production, color stabilization in fruit juice, and as an antioxidant and vitamin C source. Several 

certifiers noted its widespread presence in the organic system plans of the operations they certify. 

One interest group noted the predominant use of ascorbic acid is to fortify processed foods to preprocessing vitamin C levels. They further noted it is primarily used as a synthetic antioxidant and 

preservative and should be removed from the National List. 

NOSB Vote:

Motion to remove ascorbic acid from §205.605(b) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Scott Rice

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Calcium citrate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Calcium citrate.

Technical Report: 1995 TAP; 2015 TR

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 4/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)
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Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Calcium citrate is used as an ingredient in dietary supplements, can be used as a sequestrant, buffer, 

antioxidant, firming agent, acidity regulator (in jams and jellies, soft drinks and wines), as a raising agent 

and an emulsifying salt. It is also used for its chelating properties to remove scale from boilers, evaporators 

and other processing equipment. Calcium citrate is widely used in cosmetic and personal care products for 

many of these same functions. 

The TR cited the versatility of citric acid and its salts as the reason why no alternative practices could be 

used to substitute for all functions they provide. Additionally, there are no nonsynthetic sources or 

alternatives for the citrate salts.

Public comment was supportive. No new information was brought forward in terms of harm to human 

health or the environment. 

NOSB Vote:

Motion to remove calcium citrate based on the following criteria in the Organic Foods Production Act 

(OFPA) and/or 7 CFR 205.605(b) if applicable: NA

Motion by: Lisa de Lima

Seconded by: Asa Bradman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Ferrous sulfate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Ferrous sulfate—for iron enrichment or fortification of foods 

when required by regulation or recommended (independent organization).

Technical Report: 1995 TAP; 2015 TR Nutrient Vitamins and Minerals

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Ferrous sulfate is commonly added to flours and cereal products to make an optional enriched claim and 

often found in baked products and infant snacks (oat cereal, teething biscuits, etc.). Iron is an essential 

component of hemoglobin, enzymes involved in energy metabolism, and other enzymes. 
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Comments were received in support of this listing from industry, noting its use in infant formulas. There 

was some support for removing this listing as redundant to the Nutrient Vitamins and Minerals listing but 

there was also opposition to the group listing of vitamins and minerals. No new information was received 

by the NOSB supporting removal of this substance. 

NOSB Vote:

Motion to remove ferrous sulfate from §205.605(b) of the National List based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Asa Bradman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Hydrogen peroxide

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Hydrogen peroxide.

Technical Report: N/A (2015 TR Crops)

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Hydrogen Peroxide (CAS# 7722-84-1) is a weak acid but also a strong oxidizer which makes it an 

effective microbial pesticide for organic handling purposes. It is used as a disinfectant and sanitizer and 

also for post-harvest treatment of produce. 

Hydrogen peroxide (HP) continues to receive strong support by the organic community and has been 

consistently relisted on the National List. Oral and written comments showed uniform support for

relisting this essential and relatively safe material. When used appropriately HP should not have adverse 

impacts on human health and the environment. 

NOSB Vote:

Motion to remove hydrogen peroxide from 205.605(b) of the National List based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Steve Ela

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed
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Nutrient vitamins and minerals

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Nutrient vitamins and minerals, in accordance with 21 CFR 

104.20, Nutritional Quality Guidelines For Foods.

Technical Report: 1995 TAP - Minerals; 1995 TAP - Vitamins; 2015 TR

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 03/2011 Handling 

Subcommittee Proposal; 04/2011 sunset recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Nutrient Vitamins and Minerals are used to recreate or add nutritional content to foods. Sometimes this 

nutritional content is added due to public health guidance (e.g. Iron in cereal to combat iron anemia), to 

mimic analog products (calcium fortification of non-dairy milks, fortification of infant formulas), to make up 

nutrients lost in processing (Vitamin A in skim milk) or for product marketing purposes (enriched flours). 

Overall there was strong support of this listing from industry and trade associations – noting the use of 

materials for reasons such as compliance with the law, to compete with conventional product, due to 

consumer expectations, or to make products for specific markets like infant food or enteral feeding 

products. Concern was also raised over allowing the fortification of food in instances not required by law, 

and lastly about the categorical listing allowing for the continued usage of individual substances that had 

been reviewed but not recommended by the NOSB. 

Some commenters wanted more restrictions, and some wanted a wide interpretation. Most certifiers 

thought the accuracy of the citations needed improvement, and it needed to be clearly enforceable. 

Others are seeking a more restricted listing. Any annotation changes would need to be completed separate 

from this sunset review. 

NOSB Vote:

Motion to remove nutrient vitamins and minerals from §205.605(b) of the National List based on the 

following criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Harriet Behar

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed
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Peracetic acid

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Peracetic acid/Peroxyacetic acid (CAS # 79-21-0)—for use in 

wash and/or rinse water according to FDA limitations. For use as a sanitizer on food contact surfaces.

Technical Report: 2000 TAP; 2016 TR

Petition(s): 2008 Petition

Past NOSB Actions: 11/2000 sunset recommendation; 04/2004 NODB meeting summary; 11/2009 NOSB 

formal recommendation

Recent Regulatory Background: Added to National List with annotation 9/11/06 (71 FR 53299); Renewed 

8/03/2011 (76 FR 46595); Renewed 09/12/16 (81 FR 8821)

Sunset Date: 9/12/2021

Subcommittee Review

NOSB Review:

Peracetic acid (CAS # 79-21-0) is currently allowed for use in organic handling in wash water and rinse 

water, including during post-harvest handling, to disinfect organically produced agricultural products 

according to FDA limitations, and to sanitize food contact surfaces, including dairy-processing equipment 

and food-processing equipment and utensils. It is an important sanitizer used in organic handling. 

There has been strong support for continued availability of this material. 

NOSB Vote:

Motion to remove peracetic acid from 205.605(b) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Steve Ela

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Potassium citrate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Potassium citrate.

Technical Report: 1995 TAP; 2015 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review
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NOSB Review:

Potassium citrate is an antioxidant, acidulant, pH control, flavoring agent, sequestrant, emulsifying salt, 

stabilizer, and as a dispersant in flavor or color additives. Commonly used in biscuits, baby food, soup 

mixes, soft drinks, and fermented meat products. It is also used to wash processing equipment to remove 

off flavors. Potassium citrate is used to replaced sodium citrate whenever a low sodium content is desired. 

Public comment was supportive and mentioned wide uses in organic processing, and it offers an advantage 

over sodium citrate in that it does not add additional sodium to the product. 

No new information was brought forward in terms of harm to human health or the environment. 

NOSB Vote:

Motion to remove potassium citrate based on the following criteria in the Organic Foods Production Act 

(OFPA) and/or 7 CFR 205.605(b) if applicable: NA

Motion by: Lisa de Lima

Seconded by: Asa Bradman 

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0 

Outcome: Motion failed

Potassium phosphate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Potassium phosphate—for use only in agricultural products 

labeled “made with organic (specific ingredients or food group(s)),” prohibited in agricultural products 

labeled “organic”.

Technical Report: 1995 TAP, 2016 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Potassium phosphate can be used as a pH control in milk and dairy products, to make acidified milk 

products and in milk protein stabilization. It can also be used as a nutritional additive for a source of 

potassium and as a nutrient in yeast. Potassium phosphate can also be used in prepared meat applications 

and liquid eggs. It is only approved for use in “made with organic” labeled products. 

Comment from a certifier noted at least 2 operations were using potassium phosphate for fortification 

purposes. Comments were also received from an industry trade association about the various possible uses 

of phosphates and responses to the long-term exposure risks to human health of phosphate products in 

general. There was some support for removing this listing as redundant to the Nutrient Vitamins and 
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Minerals listing but there was also opposition to the group listing of vitamins and minerals. No new 

information was received by the NOSB supporting removal of this substance. 

NOSB Vote:

Motion to remove potassium phosphate from §205.605(b) of the National List based on the following 

criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Steve Ela

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Sodium acid pyrophosphate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Sodium acid pyrophosphate (CAS # 7758-16-9)—for use only as 

a leavening agent.

Technical Report: 2001 TAP (Sodium Phosphates); 2010 TR; 2016 TR

Petition(s): 10/2002 petition; 03/2007 petition for expand use

Past NOSB Actions: 05/2003 sunset recommendation; 11/2009 sunset recommendation; 04/2011 sunset 

recommendation

Regulatory Background: Added to National List 09/12/06 (71 FR 53299); Renewed 8/03/2011 (76 FR 

46595); Renewed 09/12/16 (81 FR 8821)

Sunset Date: 9/12/2021

Subcommittee Review

NOSB Review:

This listing limits its use as a leavening agent. Sodium acid pyrophosphate is used as a leavening agent in 

baked goods, where it reacts with baking soda (sodium bicarbonate) to liberate carbon dioxide, ‘leavening’ 

the dough and creating the desired ‘airy’ texture that consumers expect of baked goods such as cakes and 

cookies. 

A number of food manufacturers and trade groups noted the essentiality of this material as it is the only 

chemical leavener available to the baking sector. 

NOSB Vote:

Motion to remove sodium acid pyrophosphate from §205.605(b) of the National List based on the following 

criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Scott Rice

Seconded by: Steve Ela

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed
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Sodium citrate

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Sodium citrate.

Technical Report: 1995 TAP; 2015 TR

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Uses include: Acidulant, pH control, flavoring agent, sequestrant, and buffering agent as well as an

emulsifier in dairy products to keep fats from separating, and in cheese making where it allows the cheeses 

to melt without becoming greasy. 

Public comment was supportive. It’s also found in Organic System Plans (OSPs) used for meat processing 

and in manufacturing dietary supplements and personal care products. No new information was brought 

forward in terms of harm to human health or the environment. 

NOSB Vote:

Motion to remove sodium citrate based on the following criteria in the Organic Foods Production Act 

(OFPA) and/or 7 CFR 205.605(b) if applicable: NA

Motion by: Lisa de Lima

Seconded by: Harriet Behar 

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Tocopherols

§205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products 

labeled as “organic” or “made with organic (specified ingredients or food group(s)).”

Reference: 205.605(b) Synthetics allowed: Tocopherols—derived from vegetable oil when rosemary 

extracts are not a suitable alternative.

Technical Report: 1995 TAP; 2015 limited scope TR

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 04/2011 sunset 

recommendation; 10/2015 NOSB Final Review; 09/2016 Handling Subcommittee proposal additional listing 

of Tocopherol

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022
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Subcommittee Review

NOSB Review:

Synthetic tocopherols are currently permitted for use in organic agriculture handling/processing as an 

antioxidant ingredient in foods (2015 TR). Tocopherols are added to foods to help prevent oxidation of the 

fatty acids present in the lipid components of the food. The NOSB has consistently relisted this material 

due to its essentiality for many processed food products. However, there has been extensive discussion 

about the need for synthetically derived tocopherols. Public comment has historically been divided on the 

relisting due to concerns that the material’s primary use is as a preservative and therefore inconsistent with 

organic production. Tocopherols are one of the main sources of Vitamin E. No major impacts on human 

health or the environment are likely.

NOSB Vote:

Motion to remove tocopherols from §205.605(b) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Steve Ela

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Reference: 7 CFR §205.606

Celery powder

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

 Reference: 205.606(c) Celery powder. 

 Technical Report: N/A

 Petition(s): 2007 Petition

 Past NOSB Actions: 03/2007 NOSB recommendation; 04/2010 sunset recommendation; 10/2015 NOSB 

Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

 Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

In the organic sector, celery powder is used in a variety of processed meat products (hot dogs, bacon, 

ham, corned beef, pastrami, pepperoni, salami, etc.) to provide “cured” meat attributes without using 

prohibited nitrites. Celery powder is naturally high in nitrates that are converted to nitrites during 

fermentation by a lactic acid culture. 

Concerns were raised about the direct dependence on a conventionally grown agricultural product in 
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organic trade and concomitant impacts on human health and the environment. Particular concerns have 

been raised about the possibility of enhanced use of nitrate fertilizers to “supercharge” the product used 

for celery powder manufacture.

In lieu of a technical report, a celery powder expert panel was convened for the April 2019 NOSB 

meeting. Experts spoke to key questions addressing nitrate safety, organic celery powder production, 

processing and manufacture of celery powder, progress toward organically sources celery or other 

substrates that could be used process organic meats, and the scale of the organic processed meat 

industry. 

Overall, trade and industry members of the organic community supported relisting of celery powder at 

§205.606, with the caveat that more research is needed to produce a viable organic alternative. Given 

the importance of the organic processed meat industry, public and NOSB comments encouraged the 

USDA to fund additional research to develop organic alternatives to conventionally produced celery 

powder. 

NOSB Vote:

Motion to remove celery powder from the National List at §205.606(c) based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Scott Rice

Yes: 1 No:11 Abstain: 1 Absent: 1 Recuse: 0

Outcome: Motion failed

Fish oil

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

Reference: 205.606(e) Fish oil (Fatty acid CAS #'s: 10417-94-4, and 25167-62-8)—stabilized with organic 

ingredients or only with ingredients on the National List, §§205.605 and 205.606.

Technical Report: 2015 TR

Petition(s): 2007 Petition

Past NOSB Actions: 03/2007 sunset recommendation; 04/2010 sunset recommendation ; 10/2015 NOSB 

Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

The NOP does not presently have production standards for aquaculture, therefore organic fish cannot be 

commercially available as organic. 
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Fish oil is used in organic processing and handling as an ingredient to increase the content of omega-3 fatty 

acids - primarily, eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA) - in foods to benefit human 

health by contributing to healthy brain development and reducing risks of cardiovascular disease, diabetes, 

inflammation, atherosclerosis (Chang et al., 2009; Lee et al., 2014). 

Public comment indicated there was no mandatory standard for fish oil purity limits but that the GOED, a 

trade association representing the 85-90% of the fish oil industry, requires members to comply with a 

monograph for fish oils. As of this review limits were as follows:

• PCBs: Maximum 0.09 mg/kg

• PCDDs and PCDFs: Maximum 1.75 pg WHO-PCDD/F-TEQ/g

• Dioxin-like PCBs: Maximum 3 pg WHO-TEQ/g

• Total Dioxins, Furans and dioxin-like PCBs: Maximum 3 pg WHO-TEQ/g

• Lead (Pb): Less than 0.05 mg/kg

• Cadmium (Cd): Less than 0.1 mg/kg

• Mercury (Hg): Less than 0.1 mg/kg

• In-organic Arsenic (As): Less than 0.1 mg/kg1

Support was received from organic dairies and industry that speak to the consumer demand for omega-3 

enriched products and having an opportunity to compete with conventional products that market 

themselves similarly. Opposition was received from several interest groups who questioned the 

environmental impact from overfishing, human health impact from heavy metal exposure, and 

compatibility due to its usage as a supplement. 

Support was received from several commenters, including the GOED trade association, for annotations that 

further address conservation concerns. The NOSB has submitted a separate work agenda request on this 

topic, however, annotation changes are handled separately from sunset reviews. 

NOSB Vote:

Motion to remove fish oil from §205.606 of the National List based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Tom Chapman

Seconded by: Scott Rice

Yes: 0 No: 11 Abstain: 2 Absent: 1 Recuse: 0

Outcome: Motion failed

Gelatin 

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

Reference: 205.606(g) Gelatin (CAS # 9000-70-8).

Technical Report: 2002 TAP; 2019 TR Gelatin, collagen gel, and casings

Petition(s): 2001 Petition ; 2007 Petition

 1 https://goedomega3.com/storage/app/media/Governance%20docs/goedmonograph2019-03-01-r.pdf.
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Past NOSB Actions: 05/2002 NOSB Recommendation; 05/2007 Recommendation to add to the national list; 

04/2010 NOSB sunset recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Gelatin is used in a wide range of products as a clarification or fining agent in teas, juice, and wine, as a 

stabilizer, texturizer, thickener, and in capsules. It may either be an ingredient or a processing aid in candies 

(gummy bears), desserts (puddings, jello, marshmallows), dairy products (yogurt, sour cream, ice cream), 

cereals and cosmetics. 

Several commenters said that the organic meat market has not sufficiently reached the “magnitude of 

mass” needed to produce organic gelatin and that the industry is currently working on the supply chain for 

future development of the organic gelatin market. However, detailed information about what the barriers 

are to organic gelatin development were not specified. The NOSB hopes that at the next sunset review, the 

barriers to production of organic gelatin will no longer be present.

NOSB Vote:

Motion to remove gelatin from §205.606(f) of the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Harriet Behar

Seconded by: Asa Bradman

Yes: 0 No: 13 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

Orange pulp, dried 

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

Reference: 205.606(n) Orange pulp, dried.

Technical Report: N/A

Petition(s): 2008 Petition

Past NOSB Actions: 11/2008 NOSB recommendation for addition to the National List; 10/2015 NOSB Final 

Review

Recent Regulatory Background: Added to NL effective 03/15/2012 (77 FR 8089); Renewed 03/15/2017 (82 

FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:
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Dried orange pulp is a fiber with about 33.3% soluble fiber and 34.9% insoluble fiber. It is used as a 

moisture retention agent and fat substitute in baked goods, pastas, salad dressing, confectionary, 

processed cheese spreads, beverages, meat products and frozen foods. 

There were no commenters who listed orange pulp, dried, as an ingredient in their products nor any 

certifiers who listed it in their review of materials in organic products. However, orange peel and orange 

pulp were listed as ingredients in organic products. During the Spring 2019 public subcommittee 

discussion, the Handling Subcommittee noted that this listing also has a patent which may limit its use in 

organic products. Other commenters requested that the Board consider the use of conventional pesticides 

in conventional orange production that may leave residue in the final product of orange pulp, dried. 

The Handling Subcommittee voted to remove this item from the National List because orange pulp dried 

does not seem to be necessary for or consistent with organic handling (failing OFPA criteria at 7 U.S.C. § 

6517(c)(ii)–(iii)), and alternatives exist (failing OFPA criteria at § 6518(m)(6)). There is sufficient supply of 

organic oranges to produce dried orange pulp, and those wishing to purchase this product organically could 

work with manufacturers to source organic raw material. 

At the in-person NOSB fall meeting, the petitioner for this material provided verbal comment, and stated 

that they wished to continue the listing of this product. They do have customers who wish to continue the 

use of this nonorganic product in their organically labeled foods. During questioning from the board, the 

petitioned clarified the supply of organic oranges are located about an hour too far away from their 

processing facility, to use their patented process and make their dried orange pulp. Numerous NOSB 

members felt that the use of this material is very small, and in the future, the distance issues and other 

barriers may be overcome, choosing to allow it to remain on the list. A decisive vote is 2/3 of the NOSB 

members present. This threshold was not reached in the vote, therefore the motion to remove orange 

pulp from 205.606 failed.

NOSB Vote:

Motion to remove orange pulp, dried from §205.606(n) of the National List based on the following criteria 

in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): Not necessary for, or consistent with, 

organic handling and alternatives exist (§§ 6517 and 6518)

Motion by: Harriet Behar

Seconded by: Asa Bradman

Yes: 7 No: 5 Abstain: 0 Absent: 1 Recuse: 0

Outcome: Motion failed

 Seaweed, Pacific kombu 

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

Reference: 205.606(r) Seaweed, Pacific kombu.

Technical Report: 2016 TR (Marine Plants & Algae)

Petition(s): 2007 Petition

Past NOSB Actions: 05/2008 NOSB recommendation; 10/2015 NOSB Final Review

Recent Regulatory Background: Added to NL effective 03/15/12 (77 FR 8089); Renewed 03/15/2017 (82 FR 

14420)

Sunset Date: 03/15/2022
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Subcommittee Review

NOSB Review:

Marine plants (seaweed) and algae are included on the National List in several sections and allowed for use 

in organic production and handling on §205.601(j)(1), §205.605 (a) and (b), §205.606(d). Currently, Kombu 

is used as an ingredient to make stock for instant miso soup and Yuzu Ponzu. Kombu is integral to the 

preparation of many Japanese traditional foods such as stock.

As a marine material, use of Kombu seaweed is part of an ongoing discussion focused on environmental 

concerns about the harvesting and use of marine algae and related materials and whether standards 

preventing overharvesting are needed to protect ocean environments. No written or oral comments were 

submitted by users of Kombu seaweed. There are other types of seaweed that are certified as organic, and 

it was unclear why this seaweed has not been certified as organic by any harvesters/sellers.

NOSB Vote:

Motion to remove seaweed, Pacific kombu from the National List based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Steve Ela

Yes: 3 No: 9 Abstain: 1 Absent: 1 Recuse: 0

Outcome: Motion failed

Wakame seaweed 

§205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed 

products labeled as “organic.”

Reference: 205.606(v) Wakame seaweed (Undaria pinnatifida).

Technical Report: 2016 TR (Marine Plants & Algae)

Petition(s): 2007 Petition

Past NOSB Actions: 04/2007 NOSB recommendation; 04/2010 NOSB sunset recommendation; 10/2015 

NOSB Final Review

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Renewed 

03/15/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Subcommittee Review

NOSB Review:

Wakame seaweed is used as an acidulant, pH control, flavoring agent, sequestrant, emulsifier, and 

buffering agent. Marine plants (seaweed) and algae are included on the National List in several sections and 

allowed for use in organic production and handling on §205.601(j)(1), §205.605 (a) and (b), §205.606(d). 

Wakame seaweed is a traditional accompaniment to Miso Soup in Japanese cuisine.

As a marine material, use of Wakame seaweed is part of an ongoing discussion focused on environmental 
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

concerns about the harvesting and use of marine algae and related materials and whether standards 

preventing overharvesting are needed to protect ocean environments. A few commenters stated they used 

nonorganic Wakame seaweed in their organically labeled products. There are other types of seaweed that 

are certified as organic, and it was unclear why this seaweed has not been certified as organic by any 

harvesters/sellers.

NOSB Vote:

Motion to remove seaweed, wakame (Undaria pinnatifida) from the National List based on the following 

criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): NA

Motion by: Asa Bradman

Seconded by: Steve Ela

Yes: 3 No: 9 Abstain: 1 Absent: 1 Recuse: 0

Outcome: Motion failed