FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: April 29, 2010 

Subject: §205.606 Sunset Materials Review 

Chair: Daniel G. Giacomini 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: X 

Guidance Statement: 

Other: 

Summary Statement of the Recommendation (including Recount of Vote):

The following materials listed on §205.606 of the National List and scheduled to sunset off the list in 

2012 were reviewed and discussed, and a motion was made for relisting on the National List at the April 

2010 National Organic Standards Board meeting: 

 Casings – from processed intestines 

 Celery powder 

 Chia (Salvia hispanica L.) 

 Dillweed Oil (CAS # 8006-75-5) 

 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 

 Galangal, frozen 

 Gelatin (CAS # 9000-70-8) 

 Gums – water extracted only (Arabic, Guar, Locust bean, and Carob bean) 

 Konjac flour (CAS # 37220-17-0) 

 Lemongrass – frozen 

 Orange shellac – unbleached (CAS # 9000-59-3) 

 Pepper, chipotle pepper 

 Kelp – for use only as a thickener and dietary supplement 

 Sweet potato starch – for bean thread production only 
 Turkish bay leaves 

 Wakame seaweed (Undaria pinnatifida) 

The Handling Committee’s recommendations covering these materials are attached. There were no public 

written or verbal comments opposing the committee’s recommendations, and all were recommended for 

relisting by the full NOSB as shown below. 

NOSB Vote: Motion: Steve DeMuri Second: Joe Smillie 

Board vote: Yes – 13 No- 0 Abstain- 0 Absent - 1 Recusal - 1 

 

 The motion to relist the above materials passes. 

Response by the NOP:
National Organic Standards Board 

Handling Committee Sunset Recommendation for §205.606 

March 2, 2010

I. List: 

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

processed products labeled as “organic.” 

II. Committee Summary: 

Federal Register notice of the sunset of these materials elicited no public comments against re-listing. 

Review of the original petitions and recommendations, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human or animal health as a result of the use 

or manufacture of these materials. There is no new information contradicting the original 

recommendation which were the basis for the previous NOSB decisions to list these materials. As 

205.606 listed materials, all are subject to commercial availability scrutiny for use in organic products. 

III. Committee Recommendation(s): 

The handling committee recommends the renewal of the following substances in this use category as 

published in the final rule: 

Casings, from processed intestines 

Celery Powder 

Chia ( Salvia hispanica L.) 

Dillweed Oil (CAS # 8006-75-5) 

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. 

Galangal, frozen 

Gelatin (CAS # 9000-70-8) 

Gums – water extracted only (Arabic, Guar, Locust bean, and Carob bean) 

Konjac flour (CAS # 37220-17-0) 

Lemongrass – frozen 

Orange shellac - unbleached (CAS # 9000-59-3) 

Pepper, chipotle chile 
Moved: Steve DeMuri Second: Katrina Heinze 

Yes: 6 No: 0 Abstain: 0 Absent: 1 

National Organic Standards Board 

Handling Committee Sunset Recommendation for §205.606 

March 2, 2010

I. List: 

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

processed products labeled as “organic.” 

II. Committee Summary: 

Federal Register notice of the sunset of these materials elicited no public comments against re-listing. 

Review of the original petitions and recommendations, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human or animal health as a result of the use 

or manufacture of these materials. There is no new information contradicting the original 

recommendation which were the basis for the previous NOSB decisions to list these materials. As 

205.606 listed materials, all are subject to commercial availability scrutiny for use in organic products. 

III. Committee Recommendation(s): 

The handling committee recommends the renewal of the following substances in this use category as 

published in the final rule: 

Kelp – for use only as a thickener and dietary supplement 

Sweet potato starch – for bean thread production only 

Turkish bay leaves 

Wakame seaweed (Undaria pinnatifida) 

Moved: Steve DeMuri Second: Katrina Heinze 

Yes: 6 No: 0 Abstain: 0 Absent: 1