Formal Recommendation 

From: National Organic Standards Board (NOSB)

To: the National Organic Program (NOP)

Date: November 2, 2017

Subject: Handling 2019 Sunset Substances

NOSB Chair: Tom Chapman

The NOSB recommends the following sunset substances be renewed: 

Attapulgite

Bentonite

Diatomaceous earth

Nitrogen 

Sodium carbonate

Acidified sodium chlorite

Carbon dioxide

Chlorine materials (calcium hypochlorite, chlorine dioxide, sodium hypochlorite)

Magnesium chloride

Potassium acid tartrate

Sodium phosphates

Casings

Pectin (non-amidated forms only)

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

Konjac flour

NOSB Vote: See below for votes and rationale supporting each recommendation.
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Sunset 2019

NOSB Final Review

Handling Substances §§205.605(a), 205.605(b), 205.606

November 2017

Note: The materials included in this list are undergoing early sunset review as part of the November 18, 

2016 NOSB recommendation on efficient workload re-organization. 

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.

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:

Attapulgite

Bentonite

Diatomaceous earth

Nitrogen

Sodium carbonate

§205.605(b) Synthetics allowed:

Acidified sodium chlorite

Carbon dioxide

Chlorine materials: calcium hypochlorite, chlorine dioxide, sodium hypochlorite

Magnesium chloride

Potassium acid tartrate

Sodium phosphates

Reference: 7 CFR §205.606 Nonorganically produced agricultural products allowed as ingredients in or 

on processed products labeled as “organic.”

Casings

Konjac flour

Pectin (non-amidated forms only)
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Attapulgite

Reference: 205.605(a) – as a processing aid in the handling of plant and animal oils.

Technical Report: 2010 TR

Petition(s): 2009 Attapulgite

Past NOSB Actions: 04/2011 NOSB recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

There was public support for re-listing attapulgite due to active use of the material by certified operators. 

A couple comments were made that, overall, the material does not appear to be in widespread use and 

may not be necessary for the industry. Based on the Subcommittee review and public comment, the 

NOSB finds attapulgite compliant with OFPA criteria, and does not recommend removal from the 

National List.

NOSB Vote:

Motion to remove attapulgite from §205.605(a) based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Joelle Mosso 

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Bentonite

Reference: 205.605(a)

Technical Report: 1995 TAP Kaolin Clay and Bentonite

Petition(s): N/A

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

recommendation; 10/2015 sunset review 

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of bentonite. Based on the Subcommittee review 

and public comment, the NOSB finds bentonite compliant with OFPA criteria, and does not recommend 

removal from the National List. 
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

NOSB Vote:

Motion to remove bentonite from §205.605(a) based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Joelle Mosso

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Diatomaceous earth

Reference: 205.605(a) - food filtering aid only 

Technical Report: 1995 TAP

Petition(s): N/A

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

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of diatomaceous earth. Based on the 

Subcommittee review and public comment, the NOSB finds diatomaceous earth compliant with OFPA 

criteria, and does not recommend removal from the National List. 

NOSB Vote:

Motion to remove diatomaceous earth (DE) from §205.605(a) based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Joelle Mosso

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Nitrogen

Reference: 205.605(a) - oil-free grades.

Technical Report: 1995 TAP

Petition(s): N/A

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

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Subcommittee Review

NOSB Review:

There was strong public support for continued use of nitrogen. Based on the Subcommittee review and 

public comment, the NOSB finds nitrogen compliant with OFPA criteria, and does not recommend 

removal from the National List. 

NOSB Vote:

Motion to remove nitrogen from §205.605(a) based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Lisa de Lima

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Sodium carbonate

Reference: 205.605(a) 

Technical Report: 1995 TAP

Petition(s): N/A

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

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

There was public support for continued use of sodium carbonate. Based on the Subcommittee review 

and public comment, the NOSB finds sodium carbonate compliant with OFPA criteria, and does not 

recommend removal from the National List. 

NOSB Vote:

Motion to remove sodium carbonate from §205.605(a) based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Lisa de Lima 

Seconded by: Ashley Swaffar

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Acidified sodium chlorite

Reference: 205.605(b) - Secondary direct antimicrobial food treatment and indirect food contact surface 

sanitizing. Acidified with citric acid only. 

Technical Report: 2008 TAP, 2013 TR for Livestock

Petition(s): 2006 Sodium Chlorite, Acidified

Past NOSB Actions: 2009 NOSB recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

Public comment regarding acidified sodium chlorite was mixed. Those in support stated that this is an 

essential tool in the fight against food borne pathogens. Those opposed to relisting stated that the 

NOSB should do a comprehensive review of sanitizers. The NOSB believes a review of that scope is 

beyond that of the sunset review process. Based on the Subcommittee review and public comment, 

the NOSB finds acidified sodium chlorite compliant with OFPA criteria, and does not recommend 

removal from the National List. 

NOSB Vote:

Motion to remove acidified sodium chlorite (ASC) from §205.605(b) based on the following criteria in 

the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Ashley Swaffar

Seconded by: Lisa de Lima

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Chlorine materials

Reference: 205.605(b) Chlorine materials - disinfecting and sanitizing food contact surfaces, Except, That, 

residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the 

Safe Drinking Water Act (Calcium hypochlorite; Chlorine dioxide; and Sodium hypochlorite).

Technical Report: 2006 TR - Handling

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 04/2006 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/2022

Carbon dioxide

Reference: 205.605(b)

Technical Report: 1995 TAP; 2006 TAP

Petition(s): 2005 Carbon Dioxide

Past NOSB Actions: 10/1995 NOSB minutes and vote; 2007 NOSB Committee 

recommendation; 11/2005 sunset recommendation; 10/2010 sunset recommendation; 10/2015 sunset 

review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/2022

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of carbon dioxide. Based on the Subcommittee 

review and public comment, the NOSB finds carbon dioxide compliant with OFPA criteria, and does not 

recommend removal from the National List. 

NOSB Vote:

Motion to remove carbon dioxide from §205.605(b) based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none 

Motion by: Lisa de Lima

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Subcommittee Review

NOSB Review:

Public comment regarding chlorine materials was mixed. Those in support stated that this is an essential 

material required for food safety and necessary for proper sanitation. Those opposed to relisting stated 

that the NOSB should do a comprehensive review of sanitizers. The NOSB believes a review of that scope 

is beyond that of the sunset review process. Based on the Subcommittee review and public comment, 

the NOSB finds chlorine materials compliant with OFPA criteria, and does not recommend removal from 

the National List.

NOSB Vote:

Motion to remove chlorine materials from §205.605(b) based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Ashley Swaffar

Seconded by: Joelle Mosso 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Magnesium chloride

Reference: 205.605(b) – derived from sea water.

Technical Report: 1995 TAP; 2016 TR

Petition(s):N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 10/1999 NOSB minutes and vote; 11/2005 

sunset recommendation; 10/2010 sunset recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/22

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of magnesium chloride. Based on the 

Subcommittee review and public comment, the NOSB finds magnesium chloride compliant with OFPA 

criteria, and does not recommend removal from the National List. 

NOSB Vote:

Motion to remove magnesium chloride from §205.605(b) based on the following criteria in the 

Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Lisa de Lima

Seconded by: Ashley Swaffar 

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Outcome: Motion failed

Potassium acid tartrate

Reference: 205.605(b)

Technical Report: 1995 TAP; 2017 TR

Petition(s): N/A

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

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/2022

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of potassium acid tartrate. Based on the 

Subcommittee review and public comment, the NOSB finds potassium acid tartrate compliant with OFPA 

criteria, and does not recommend removal from the National List. The NOSB also passed a proposal

separate from the sunset review to reclassify potassium acid tartrate from 205.605(b) to 205.606.

NOSB Vote:

 Motion to remove potassium acid tartrate from §205.605(b) based on the following criteria in the Organic

Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Steve Ela

Seconded by: Ashley Swaffar

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Sodium phosphates

Reference: 205.605(b) - for use only in dairy foods.

Technical Report: 2001 TAP; 2016 Phosphates

Petition(s): 1995 N/A, 2001 Sodium Phosphate

Past NOSB Actions: 10/1995 NOSB minutes and vote; 10/2001 NOSB minutes and vote; 11/2005 sunset 

recommendation; 10/2010 sunset recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/2022

Subcommittee Review
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

NOSB Review:

Public comment regarding sodium phosphates was mixed. Those in support stated that sodium 

phosphate is essential in organic cheese products, including liquid and powdered forms. Specifically, the 

material acts as an emulsifier and stabilizer for shelf stable cheese products. Those opposed to relisting 

did so based on human health concerns and lack of essentiality. The subcommittee review concluded 

that since there are 4 phosphates on the National List at 205.605(b), no single phosphate food additive 

or ingredient can be implicated as an isolated risk factor. Additionally, the 2016 Technical Report on 

sodium phosphates was inconclusive regarding human health impacts. Specifically, it indicated that

small amounts of sodium phosphates may not cause human health problems, but long term cumulative 

impacts are not fully understood. Based on the Subcommittee review and public comment, the NOSB 

finds sodium phosphates compliant with OFPA criteria, and does not recommend removal from the 

National List. 

NOSB Vote:

Motion to remove sodium phosphates from §205.605(b) based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Lisa de Lima

Seconded by: Tom Chapman 

Yes: 3 No: 12 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed

Casings

Reference: 205.606(a) casings, from processed intestines

Technical Report: N/A

Petition(s): 2006 Petition

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

sunset review 

Recent Regulatory Background: Added to NL effective 06/21/07 (72 FR 35137); Sunset renewal notice 

2017 (82 FR 14420)

Sunset Date: 03/15/2022

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of casings. Some commenters encouraged the 

industry to examine the barriers to the availability of organic casings and raised the concern about the 

need to incentivize production of organic casings. Based on the Subcommittee review and public 

comment, the NOSB finds casings compliant with OFPA criteria, and does not recommend removal from 

the National List. 

NOSB Vote:
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Motion to remove casings from §205.606 based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: none

Motion by: Lisa de Lima

Seconded by: Tom Chapman

Yes: 1 No: 14 Abstain: 0 Absent: 0 Recuse: 0

 Outcome: Motion failed

Konjac flour 

Reference: 205.606(n) Konjac flour (CAS # 37220-17-0).

Technical Report: None

Petition(s): 2001 Petition

Past NOSB Actions: 05/2002 NOSB minutes (determined to be agricultural); 10/2010 NOSB sunset 

recommendation; 10/2015 sunset review

Recent Regulatory Background: 2007 Interim Rule (72 FR 35137); Sunset renewal notice 2017 (82 FR 

14420)

Sunset Date: 03/15/2022

Subcommittee Review

 NOSB Review:

There was extremely limited public support for the continued use of konjac flour. One trade 

organization noted this from a member: “Currently in use. It’s a primary ingredient, not a thickener, 

and we are not aware of organic alternatives.” During oral public comment, the trade organization was 

asked for specific information regarding the use of konjac or whether it is currently being used in a 

certified organic product, no data was provided.

During discussion by the whole board at the Fall 2017 meeting, one board member shared that konjac 

is currently used to produce an organic mochi rice-based dessert. However, the board did not received 

evidence that the organic supply of konjac flour is insufficient to meet the demand of organic 

processors. Based on the Subcommittee review and public comment, the NOSB does not find konjac 

flour compliant with OFPA criteria, based on lack of essentiality and recommends removal from the 

National List. 

NOSB Vote:

Motion to remove konjac flour from §205.606 based on the following criteria in the Organic Foods 

Production Act (OFPA) Section 2118 (c)(1)(A)(ii): essentiality. 

Motion by: Scott Rice 

Seconded by: Ashley Swaffar 

Yes: 11 No: 4 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion passed
National Organic Program | Agricultural Marketing Service | U.S. Department of Agriculture

Pectin 

Reference: 205.606(s) Pectin (non-amidated forms only).

Technical Report: 1995 TAP; 2009 TR; 2010 supplemental TR; 2015 TR (limited scope)

Petition(s): 2005 Petition – low methoxy pectins

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

recommendation; 10/2015 sunset review

Recent Regulatory Background: Sunset renewal notice 2017 (82 FR 14420)

Sunset Date: 03/15/2022

Subcommittee Review

NOSB Review:

There was strong public support for the continued use of pectin. Board discussion noted the desire for 

the development of an organic pectin and discussed how this production could be incentivized but also 

noted the lack of commercial availability. Based on the Subcommittee review and public comment, the 

NOSB finds pectin compliant with OFPA criteria, and does not recommend removal from the National 

List. 

NOSB Vote:

Motion to remove pectin from §205.606 based on the following criteria in the Organic Foods 

Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: None

Motion by: Tom Chapman 

Seconded by: Ashley Swaffar

Yes: 0 No: 15 Abstain: 0 Absent: 0 Recuse: 0

Outcome: Motion failed