Formal Recommendation 

From: National Organic Standards Board (NOSB)

To: the National Organic Program (NOP)

Date: April 27, 2016

Subject: Addition of hypochlorous acid generated from electrolyzed water, as petitioned, at 

§205.605(b) of the National List

NOSB Chair: Tracy Favre

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: X

Guidance Statement:

Other:

Statement of the Recommendation: 

That hypochlorous acid be classified as synthetic, and that hypochlorous acid be listed as petitioned at 

§205.605 of the National List, (b) Chlorine materials—disinfecting and sanitizing facilities and 

equipment, 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, sodium 

hypochlorite, and hypochlorous acid generated from electrolyzed water).

There were some concerns raised during public comment regarding the source, so the Board voted to 

add the annotation: “generated from electrolyzed water”. The petition, subcommittee review, and 

technical review were all for hypochlorous acid generated via electrolyzed water. The annotation 

clarifies the source is limited to generation from electrolyzed water, as petitioned.

Rationale Supporting Recommendation: 

The substance was found to be consistent with OFPA criteria. Hypochlorous acid is present in solutions 

of two chlorine sanitizers (sodium hypochlorite and calcium hypochlorite) already listed on 

§205.603(a)(7). As formulated via electrolyzed water, hypochlorous acid is effective as a sanitizer at a 

much lower chlorine concentration and is safer for health and the environment than the currently listed 

chlorine sanitizers. This material better aligns with the fundamental principles of organic production

than many of the alternative materials currently allowed.

NOSB Vote: 

Classification Motion: Move to classify hypochlorous acid as synthetic

Motion by: Ashley Swaffar 

Seconded by: Jean Richardson

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

Listing Motion: Move to list hypochlorous acid generated via electrolyzed water, as petitioned, at 

§205.605(b) Chlorine materials -...(Calcium hypochlorite, Chlorine dioxide, Sodium hypochlorite, and 

Hypochlorous acid generated from electrolyzed water).

Motion by: Ashley Swaffar 

Seconded by: Jean Richardson

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

 

 Motion Passed
National Organic Standards Board

Handling Subcommittee

Petitioned Material Proposal - Hypochlorous Acid

February 16, 2016

Summary of Proposed Action:

On May 29, 2015 the NOP received a petition to add hypochlorous acid (CAS #7790-92-3) to the National 

List at §205.601 - Synthetic substances allowed for use in organic crop production. This material is being 

petitioned for use as an antimicrobial/sanitizer for use on equipment and raw agricultural products. The 

petition was forwarded to the Handling Subcommittee on June 3, 2015. 

The petition was submitted by Botanical Food Company Pty Ltd. hypochlorous acid is being petitioned 

for use in the following areas: 

1. On Farm 

a. As a post-harvest sanitizer for raw herb and spice material <60 ppm 

b. As an equipment and cold room sanitizer <200 ppm 

2. In Processing plants 

a. As a post-harvest, pre-process sanitizer for herbs and spices <200 ppm 

b. As a microbial rinse for herbs and spices <60ppm 

c. As an equipment and room sanitizer <200 ppm 

This petition has been submitted in response to a policy memo issued by the NOP on June 9, 2014: PM 

14-3 Electrolyzed Water (EW). The memo was issued as a response to requests asking for the National 

Organic Program to clarify whether EW was allowed as a sanitizer and antimicrobial agent for use in 

organic production and handling.

The NOP felt that the allowance of EW by a certifier or a material evaluation program were based on an 

incorrect interpretation of the allowance for chlorine materials on the National List of Allowed and 

Prohibited Substances at 7CFR §205.600-606. The NOP requested that certifiers ensure that the use of 

EW was not allowed in organic handling or production and that any party wishing for further 

consideration of EW for use in organic handling or production should submit a petition to get it added to 

the National List. Thus, the rationale for the petition currently before the Handling Subcommittee and 

the full NOSB is in response to the NOP policy memo.

Manufacture and Uses of the Substance:

Hypochlorous acid is produced by electrolysis of a dilute water-sodium chloride solution flowing through 

specialized equipment designed to separate alkaline and acidic products. This electrolytic process 

facilitates the conversion of chloride ions and water molecules into chlorine oxidants (chlorine gas, 

hypochlorous acid, and hypochlorite ion) within the anode chamber and sodium hydroxide in the 

cathode chamber of the production equipment. At an acidic to neutral pH, the predominant chemical 

species is hypochlorous acid (HOCl) with a high oxidation reduction potential (ORP) of ≥1,000 mV. 

Hypochlorous acid has received recent attention as an alternative to other chlorine disinfectants and 

sanitizers. A number of studies have demonstrated the strong antibacterial activity of hypochlorous acid 

against foodborne pathogens on raw agricultural products and food contact surfaces. Applications of 

hypochlorous acid as a disinfectant for reducing microbial contamination have been reported for fresh 

fruits and vegetables, poultry carcasses, shell eggs, cutting boards, and food processing surfaces. 
According to the TR, some advantages of using hypochlorous acid water are: 1) It is as effective as any 

chlorine treatment; 2) it is not necessary to handle potentially dangerous chemicals, e.g. chlorine gas, 

chlorine dioxide, bleach; 3) the apparatus to produce hypochlorous acid is relatively inexpensive and 

easy to operate; 4) because only water and sodium chloride are used, hypochlorous acid production is 

environmentally friendly; and 5) the properties of the hypochlorous acid can be controlled at the 

preparation site.

Hypochlorous acid can be used as an ingredient in an antimicrobial pesticide formulation and may be 

applied to dairy processing equipment, and food processing equipment and utensils. The Food and Drug 

Administration (FDA) regulations (21 CFR Part 178) permit the use of sanitizing solutions containing 

sodium hypochlorite on food processing equipment and food contact surfaces. In addition to sanitizing 

food contact surfaces, cleaning solutions containing the active ingredient hypochlorous acid may be 

used for sanitizing raw fruits and vegetables during the washing or peeling process. The USDA’s Food 

Safety and Inspection Service Directive 7120.1 “Safe and Suitable Ingredients Used in the Production of 

Meat and Poultry Products”, has approved the use of electrolytically generated hypochlorous acid as a 

food additive for use on meat and poultry products. It is allowed for use on red meat carcasses down to 

a quarter of a carcass, whole or eviscerated poultry carcasses, in water used in meat and poultry 

processing, in poultry chiller water, for reprocessing contaminated poultry carcasses, on giblets and 

salvaged parts, and on beef primal cuts of beef. Depending on the product sanitized from 5 to 50 ppm 

free available chlorine can be used.

Discussion:

From an environmental impact perspective, hypochlorous acid would appear to pose less of a risk for 

the environment than some of the alternatives as it is made from water and salt. There are no byproducts to be disposed of since all of the materials are formulated and used in the final application 

process. Also, it would appear that hypochlorous acid would pose less of a risk to human health and/or 

worker health compared to some of the possible alternative products as well. According to the August 

13, 2015 TR it states that hypochlorous acid at a pH 6.5-7.5 is safer to use that other disinfectants 

containing chlorine. The level of chlorine in hypochlorous acid is usually over ten thousand times less 

than that of common household bleach. The on-site production helps to alleviate the need to transport 

other materials that may be more hazardous to handle, thus reducing the risk of exposure to the worker 

and for possible environmental contamination if improperly handled.

The primary functions of hypochlorous acid are as an anti-microbial, sporicidal, and bactericidal agent.

Some currently allowed alternatives to hypochlorous acid are: Sodium and/or calcium hypochlorite 

(bleach), isopropanol, chlorine dioxide, peracetic/peroxyacetic acid, citric acid, acetic acid, ascorbic acid, 

vinegar are some of the materials currently allowed for use.

Electrolyzed water, although produced via a different mechanism, has the same mode of action as 

sodium and calcium hypochlorite (both of these materials are currently on the National List). In fact, the 

main active ingredient in their dilute aqueous solution form is hypochlorous acid, the same material 

produced as the anolyte component of electrolyzed water.

During the public comment period prior to the fall 2014 NOSB meeting there were several public 

comments submitted in response to the NOP’s decision to halt the allowed use of hypochlorous acid per 

their memo PM 14-3 sent out on June 9, 2014. One of those organic stakeholders provided written 

public comment on September 28, 2014 that included multiple peer-reviewed scientific journal articles. 

These articles provided support to the claim that electrolyzed water was a safe sanitizer, providing the 
same degree of anti-microbial control without the toxic risk to employees, the crops, or the harvested 

products it is applied to. 

This material does look like it could provide organic handling operations a material that has strong 

antimicrobial properties and is more compatible with the fundamental principles of organic production. 

Evaluation Criteria 

 Criteria Satisfied? 

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

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

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

Subcommittee Action & Vote

Classification Motion: Move to classify hypochlorous acid as synthetic. 

Motion by: Ashley Swaffar 

Seconded by: Jean Richardson 

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

Listing Motion: Move to list hypochlorous acid at §205.605(b), chlorine materials. 

Motion by: Ashley Swaffar 

Seconded by: Jean Richardson

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

 

Approved by Harold V. Austin IV, Handling Subcommittee Chair, to transmit to NOSB February 16, 

2016
NOSB Evaluation Criteria for Substances Added To the National List - Handling

Category 1. Adverse impacts on humans or the environment? Hypochlorous acid

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

regulatory agency; other)

1. Is there a probability of environmental 

contamination during use or misuse? 

[§6518(m)(3)]

x According to the petition electrolyzed water 

can be made on-site. In this process there 

would not be any residual product to dispose 

of. If produced off-site and sold as a finished 

product then there could be a possibility of 

environmental contamination as the result of 

an accident or a spill. The TR does state that 

in forms of hypochlorous acid that are at a 

pH<4.0, dissolved chlorine gas can be rapidly 

lost due to volatilization, decreasing the 

biocidal effectiveness of the solution over 

time, but also creating possible human 

health and safety issues (Fisher, 2009). The 

more neutral, the pH of the material, the 

safer and more stable the substance appears 

to become.

2. Is there a probability of environmental 

contamination during, manufacture or 

disposal? [§6518(m)(3)]

x This substance is formed by the electrolysis 

of a sodium chloride solution. Any 

environmental concerns would be from a 

spill during manufacturing or transport of a 

formulated end product.

3. Are there any adverse impacts on 

biodiversity? (§205.200)

x The TR, (lines 596-612) does state that 

hypochlorous acid in aqueous solutions at 

pH< 7 was of minimal toxicity to birds, but 

could be very toxic to fish and freshwater 

invertebrates. 

4. Does the substance contain inerts classified 

by EPA as ‘inerts of toxicological concern’? 

[§6517 (c)(1)(B)(ii)]

x Contaminants listed in the US Food and Drug 

Administration’s Guidance for Industry: 

Action Levels for Poisonous or Deleterious 

Substances in Human Food and Animal Feed, 

are unlikely to be found in hypochlorous acid 

since it is the electrolysis product of two 

generally recognized as safe materials, salt 

and water (TR lines 568-571).

5. Is there potential for detrimental chemical 

interaction with other materials used in 

organic farming systems?

[§6518(m)(1)]

x The TR (lines 140-153) mentions that there 

can be a reaction with organic material 

(humic acid) which can lead to some 

potential concerns. It does go onto state 

though: It is generally accepted that 

carcinogenic and teratogenic 

trihalomethanes and haloacetic acids are not 

formed by the action of hypochlorous acid in 

neutral or near-neutral solutions (Satyawli et 

al., 2007). 
6. Is there a toxic or other adverse action of the 

material or its breakdown products?

[§6518(m)(2)]

x

7. Is there persistence or concentration of the 

material or breakdown products in the 

environment? [§6518(m)(2)]

x According to the TR (lines 602-612) 

hypochlorous acid solution decomposes very 

slowly in the dark but more rapidly in the 

presence of light, rapidly in full sun light by 

producing hydrogen chloride and oxygen. 

Released into the environment it is 

distributed into water and air, with an 

estimated half-life of 1-4 hours. A potential 

for bioaccumulation or bioconcentration of 

active chlorine species can be disregarded, 

because of their water solubility and their 

high reactivity.

8. Would the use of the substance be harmful 

to human health or the environment? 

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

§6518(m)(4)]

x Information provided in the petition states 

that compared to other types of chlorine, 

electrolyzed water is usually used at an 

active rate that is ten thousand times less 

than that of common household bleach. The 

TR (lines 624-626) mentions that the human 

innate immune system uses hypochlorous 

acid to fight infection but also directs it 

against host tissue in inflammatory diseases 

(Kettle et al.,2013). Chlorine disinfectants 

have been shown to cause occupational 

dermatitis or skin irritation (TR line 662).

9. Are there adverse biological and chemical 

interactions in the agro-ecosystem? 

[§6518(m)(5)]

x See the answer to question #5 above.

10. Are there detrimental physiological effects 

on soil organisms, crops, or livestock? 

[§6518(m)(5)]

x

Category 2. Is the Substance Essential for Organic Production? Hypochlorous acid

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

regulatory agency; other)

1. Is the substance agricultural? [§6502(1)] x

2. Is the substance formulated or 

manufactured by a chemical process? 

[§6502(21)]

x Electrolyzed water is the product of the 

electrolysis of a dilute sodium chloride 

solution in an electrolysis cell containing a 

semi-permeable membrane. This process 

creates hypochlorous acid, hypochlorite ion, 

and hydrochlorite at the anode and sodium 

hydroxide at the cathode. (TR lines 48-68) 

August 13, 2015 TR.
3. Is the substance formulated or 

manufactured by a process that chemically 

changes a substance extracted from 

naturally occurring plant, animal, or mineral 

sources? 

[§6502(21)]

x

4. Is the substance created by naturally 

occurring biological processes? 

[§6502(21)]

x

5. Is there a natural source of the substance? 

[§ 205.600(b)(1)]

x

6. Is there an organic substitute? 

[§205.600(b)(1)]

x Organic acids such as citric acid, lactic acid, 

malic acid, and vinegar are some alternative 

materials. 

7. Is there a wholly natural substitute product?

[§6517(c)(1)(A)(ii)]

x Hot water can be used in some instances. 

8. Are there any alternative substances? 

[§6518(m)(6)]

x Some alternative substances are: Sodium 

and/or calcium hypochlorite (bleach), 

isopropanol, chlorine dioxide, peroxyacetic 

acid, citric acid, acetic acid, ascorbic acid, and 

vinegar. Copper sulfate is another possible 

alternative depending on the use. 

9. Are there other practices that would make 

the substance unnecessary? [§6518(m)(6)]

x

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

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

regulatory agency; other)

1. Is the substance consistent with organic 

farming and handling? 

[§6517(c)(1)(A)(iii); 6517(c)(2)(A)(ii)]

x Compared to many of the alternative 

materials currently being used electrolyzed 

water could provide a safer and effective 

alternative. (especially when produced using 

the on-site electrolysis process)

2. Is the substance compatible with a system of 

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

x See answer to question #1 of this category.

3. If used in livestock feed or pet food, is the 

nutritional quality of the food maintained 

with the substance? [§205.600(b)(3)]

x

4. If used in livestock feed or pet food, is the 

primary use as a preservative? 

[§205.600(b)(4)]

x

5. If used in livestock feed or pet food, is the 

primary use to recreate or improve flavors, 

colors, textures, or nutritive value lost in 

processing (except when required by law)? 

[§205.600(b)(4)]

x
6. Is the substance used in production, and 

does it contain an active synthetic ingredient 

in the following categories: 

[§6517(c)(1)(B)(i);

copper and sulfur compounds

x

toxins derived from bacteria x

pheromones, soaps, horticultural oils, 

fish emulsions, treated seed, vitamins 

and minerals

x

livestock parasiticides and medicines x

production aids including netting, tree 

wraps and seals, insect traps, sticky 

barriers, row covers, and equipment 

cleansers

x May be used to sanitize equipment