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

April 11, 2013

Petition to add sulfuric acid to 205.605(b)

Mac Stone

 Motion to classify sulfuric acid (CAS 7664-93-9) as petitioned as synthetic. 

 

Passed

Based on the technical Report, line 262, Sulfuric acid, including food-grade sulfuric acid, is chemically 

synthesized. 

 

Joe Dickson

Harold Austin

15 0 0 0 0

04/2013 1 of 9 NOSB Recommendation
Rationale Supporting Recommendation (including consistency with OFPA and NOP):

Statement of Recommendation: (Motion # 2)

Committee Vote:

 

Moved: 

SecondĞĚ: 

Yes:EŽ͗ďƐƚĂŝŶ͗ďƐĞŶƚ͗ZĞĐƵƐĞ͗ 

 

 

 

 

3DJHUHYLVHGPD

Failed

Motion to add sulfuric acid (CAS 7664-93-9) as petitioned to section 205.605(b) of the National List. 

 

The petition and TR do not provide sufficient information to fully evaluate this material. However, based 

on limited information, it appears that this material fails several evaluation criteria, including 

1. Impact on Humans and Environment, 2. Essentiality & Availability, and 3. Compatibility & Consistency. 

Additionally, there were few or no comments from potential users indicating a need for this substance, 

not were there comments from those supporting it's addition. 

Joe Dickson

Jean Richardson

0 15 0 0 0

04/2013 2 of 9 NOSB Recommendation
National Organic Standards Board

Handling Sub Committee

Petitioned Material Proposal

Sulfuric Acid

January 9, 2013

Summary of Proposed Action:

The petition is for the listing of sulfuric acid on 205.605(b) for use as a processing aid in the production of 

seaweed extract. Sulfuric acid is used as a pH adjuster in the extraction water for the production of seaweed 

extracts, particularly a class of seaweed extracts called fucoidans, which are largely used as ingredients in 

dietary supplements.

For a number of reasons, the Handling Subcommittee recommends that sulfuric acid not be added to the 

national list as petitioned:

• The redaction of substantial amounts of confidential business information (CBI) from the petition makes 

it impossible to evaluate the use of sulfuric acid in the manufacturing process, and impossible to 

establish whether the resulting seaweed extract undergoes sufficient chemical change as to render it a 

synthetic substance. 

• The petition and TR fail to demonstrate the essentiality of this substance in the production of organic 

food, or the absence of viable alternatives. The petition provides little economic data or market 

narrative to demonstrate that this substance might play a compelling role in the production of organic 

products, and the redacted CBI makes it impossible to even understand how sulfuric acid is used in 

seaweed extract production. 

• The TR clearly documents negative environmental impacts of the production of this substance, 

suggests negative health effects in its production and industrial use, and overwhelmingly demonstrates 

the substance’s incompatibility with a system of organic agriculture. 

Evaluation Criteria 

(Applicability noted for each category; Documentation attached) Criteria Satisfied?

1. Impact on Humans and Environment ☐ Yes X No ☐ N/A 

2. Essential & Availability Criteria ☐ Yes X No ☐ N/A

3. Compatibility & Consistency ☐ Yes X No ☐ N/A 

4. Commercial Supply is Fragile or Potentially Unavailable ☐ Yes ☐ No X N/A 

as Organic (only for § 205.606)

Substance Fails Criteria Category: [ 1, 2 and 3 ] Comments: 

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: Motion to classify sulfuric acid (CAS 7664-93-9) as petitioned as synthetic: 

Motion by: Joe Dickson 

Seconded by: John Foster

No further discussion

04/2013 3 of 9 NOSB Recommendation
Yes: 8 No: 0 Abstain: 0 Absent: 0 Recuse: 0

Listing Motion: List sulfuric acid (CAS 7664-93-9) as petitioned on 205.605(b)

Motion by: Joe Dickson 

Seconded by: Tracy Favre

No further discussion

Yes: 0 No: 8 Abstain: 0 Absent: 0 Recuse: 0

Crops ☐ Agricultural ☐ Allowed1 ☐

Livestock ☐ Non-synthetic ☐ Prohibited2 ☐

Handling X Synthetic X Rejected3 X

No restriction ☐ Commercial unavailable as organic ☐ Deferred4 ☐

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 § 205.605(b). Describe why material 

was rejected: 

4

Substance was recommended to be deferred because 

If follow-up needed, who will follow up: 

Approved by Subcommittee Chair to Transmit to NOSB

John Foster, Subcommittee Chair January 9, 2013

04/2013 4 of 9 NOSB Recommendation
NOSB Evaluation Criteria for Substances Added To the National List

Category 1. Adverse impacts on humans or the environment? Substance: Sulfuric 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 The TR notes that sulfuric acid is a 

substantial source of acid rain, and that 

the manufacture of this material presents 

adverse environmental impact (lines 327-

353)

2. Is there environmental contamination 

during manufacture, use, misuse, or 

disposal? [§6518 m.3]

x TR lines 327-353

3. Is the substance harmful to the 

environment and biodiversity?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

x TR lines 327-353

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 agro-ecosystem? 

[§6518 m.5]

x

7. Are there detrimental physiological 

effects on soil organisms, crops, or 

livestock? [§6518 m.5]

x

8. Is there a toxic or other adverse action of 

the material or its breakdown products?

[§6518 m.2]

x TR lines 327-353

9. Is there undesirable persistence or 

concentration of the material or 

breakdown products in environment? 

[§6518 m.2]

x TR lines 327-353

10. Is there any harmful effect on human 

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

§6518 m.4]

x While there is no documented detrimental 

effect on human health from dietary 

sources of the material as petitioned, the 

manufacture and industrial use of the 

material present harmful effects on 

health. “Sulfuric acid is considered very 

toxic and may be fatal if inhaled or 

swallowed. It is corrosive to the eyes, 

skin, and respiratory tract, and exposure 

may cause blindness and permanent 

scarring.” –TR Lines 41-42

11. Is there an adverse effect on human 

health as defined by applicable Federal 

regulations? [205.600 b.3]

x Not from dietary sources. 

12. Is the substance GRAS when used 

according to FDA’s good manufacturing 

practices? [§205.600 b.5]

x It is not clear from the TR that sulfuric 

acid is GRAS for the petitioned use; the 

TR does list a number of other GRAS 

uses (TR Lines 276-282)

13. Does the substance contain residues of 

heavy metals or other contaminants in 

excess of FDA tolerances? [§205.600 

x The petition and TR provide insufficient 

information to satisfy this criterion. “While 

residues and impurities (i.e., copper, iron, 

04/2013 5 of 9 NOSB Recommendation
b.5] zinc, arsenic, mercury, lead, and 

selenium) have been reported in 

manufactured sulfuric acid product, no 

information was found to indicate the 

levels of these substances in sulfuric acid 

used for pH adjustment. Therefore it is 

unknown if these contaminants are in 

excess of FDA tolerances in sulfuric acid.

“ – TR Lines 318-321

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.

04/2013 6 of 9 NOSB Recommendation
NOSB Evaluation Criteria for Substances Added To the National List

Category 2. Is the Substance Essential for Organic Production? Substance: Sulfuric 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 TR lines 262-263

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 TR lines 268-269

5. Is there an organic substitute? [§205.600 

b.1]

x Because the manufacturing process is 

redacted from the petition, it is impossible 

to determine whether the use of other pH 

adjusters such as citric or lactic acid is 

viable or appropriate. TR lines 392-398

6. Is the substance essential for handling of 

organically produced agricultural 

products? [§205.600 b.6]

x TR lines 392-398

7. Is there a wholly natural substitute 

product?

[§6517 c (1)(A)(ii)]

x Again, the petition and TR do not provide 

sufficient information to determine the 

necessity of the material, or if the 

resulting seaweed extract has undergone 

sufficient chemical change to be rendered 

synthetic. 

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

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.

04/2013 7 of 9 NOSB Recommendation
NOSB Evaluation Criteria for Substances Added To the National List

Category 3. Is the substance compatible with organic production practices? Substance: Sulfuric 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 CBI redacted from petition makes it 

impossible to establish how the 

substance impacts the food. 

5. Is the primary use as a preservative? 

[§205.600 b.4]

x It is not clear that the petitioned use is as 

a preservative per se, but the TR notes a 

number of preservative uses of the 

substance (lines 288-298)

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 TR line 305

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.

04/2013 8 of 9 NOSB Recommendation
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: Sulfuric 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 production or 

destroy crops or supplies; 

x

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

NOSB Recommendation