Sunset 2022 

Meeting 2 - Review 

Crops Substances §205.601, §205.602 

October 2020 

Introduction 

As part of the Sunset Process, the National Organic Program (NOP) announces substances on the 

National List of Allowed and Prohibited Substances (National List) that are coming up for sunset review 

by the National Organic Standard Board (NOSB). The following list announces substances that are on the 

National List for use in organic crop production that must be reviewed by the NOSB and renewed by the 

USDA before their sunset dates. This document provides the substance’s current status on the National 

List, use description, references to past technical reports, past NOSB actions, and regulatory history, as 

applicable. If a new technical report has been requested for a substance, this is noted in this list. To see 

if any new technical report is available, please check for updates under the substance name in the 

Petitioned Substances Database. 

Request for Comments 

Written public comments will be accepted through October 1, 2020 via www.regulations.gov. 

Comments received after that date may not be reviewed by the NOSB before the meeting. 

NOSB Proposals and Discussion Documents October 2020 25 of 173
 

Sunset 2022 

Meeting 2 - Review 

Crops Substances §205.601, §205.602 

October 2020 

Reference: 7 CFR §205.601 Synthetic substances allowed for use in organic crop production. 

Soap-based algicide/demossers 

Ammonium carbonate 

Soaps, insecticidal 

Vitamin D3 

Aquatic plant extracts 

Lignin sulfonate 

Sodium silicate 

EPA List 4 - Inerts of Minimal Concern 

205.602 Prohibited nonsynthetic substances 

Arsenic 

Strychnine 

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Soap -based algicide/demossers 

Reference: 205.601(a)(7) - As algicide, disinfectants, and sanitizer, including irrigation system cleaning 

systems. 

Technical Report(s): 1996 TAP; 2015 TR 

Petition(s): N/A 

Past NOSB Actions: Actions: 09/1996 NOSB recommendation; 11/2005 NOSB sunset recommendation; 

04/2011 NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

As an approved algicide/demossers, synthetic soap salts are permitted for the control of algae and mosses 

in and around production areas, including walkways, greenhouse surfaces and irrigation systems. 

Manufacture: 

A variety of preparatory methods are employed depending on the desired soap salt composition for a 

particular herbicide/algicide formulation. Potassium salts of fatty acids are produced through a process 

known as saponification, whereby aqueous potassium hydroxide is added to fatty acids found in animal fats 

and plants oils. Sources of potassium soap salts are prepared through hydrolysis of triglycerides using 

water under high pressure and temperature. A carbonate or hydroxide salt of an alkali metal (potassium or 

sodium) traps the free fatty acid into a soap salt. Commonly used fats (triglycerides) include coconut oil, 

sunflower oil, palm oil, tallow, and olive oil. Soaps are mixtures of fatty acid salts having a variety of carbon 

chain lengths and generally do not consist exclusively of one soap salt compound. 

International acceptance: 

The Canadian General Standards Board, the European Union, Codex Alimentarius Commission, the 

Japanese Ministry of Agriculture, Forestry and Fisheries, and the International Federation of Organic 

Agriculture Movements (IFOAM) all allow soap-based compounds for the purposes listed for this product. 

Environmental issues and human health: 

Soap salts essentially behave as the carboxylate anions of fatty acids when released into the environment. 

In general, potassium and ammonium salts of fatty acids decompose rapidly and do not accumulate or 

persist in the environment. Biodegradation is expected to be an important fate process and field tests 

show half-lives at less than one day for these salts. US EPA has waived all generic mammalian toxicity data 

requirements for potassium and ammonium soap salts due to the lack of effects at high doses in the 

available toxicity literature. Potassium salts of fatty acids are generally recognized as safe (GRAS) by the 

FDA. Also, studies have shown that soap salts are practically non-toxic to honeybees. 

The Crops Subcommittee voted to delist soap-based algicide/demossers in 2015 because it was thought 

that they were no longer used in organic crop production and it was not necessary to keep them on the 

National List. However, public comments indicated that these materials were still being used by some 

producers. Based on public comment they were not removed. Public comments in 2020 were supportive 

of continued listing of these products and indicated that they are still being used in organic farming. 

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Subcommittee Vote: 

Motion to remove soap based algicide/demossers from §205.601(a)(7) 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: Rick Greenwood 

Seconded by: Steve Ela 

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

Ammonium carbonate 

Reference: 205.601(e) As insecticides (including acaricides or mite control). (1) ammonium carbonate —for 

use as bait in insect traps only, no direct contact with crop or soil. 

Technical Report: 1995 TAP (Ammonium bicarbonate) 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Used as bait in insect traps, not intended for direct contact with the crop or soil. Ammonium carbonate is 

used in small quantities as an attractant in traps. In some cases, ammonium carbonate is used alone and in 

others, as a mixture with yeast to enhance its chemical attraction to insects. It is marketed for the control 

of a range of fly types problematic in livestock as well as fruit and nut production. The main alternatives are 

manure management and enhancement of predators and parasitoids, but its use to trap adult flies 

complements the use of other methods that control egg-laying and immature stages. While ammonium 

carbonate is used as a fly bait, we were able to find little published literature on the effects of the bait on 

other insect species. Natural alternatives include natural attractants. Other alternative materials include 

other ammonia-releasing chemicals. Practices that would make its use unnecessary include a good organic 

environment and enhancement of predators and parasitoids. 

Manufacture: 

Ammonium carbonate is produced by combining carbon dioxide and aqueous ammonia. Ammonia is 

volatile and toxic and a known irritant to eyes and nose. It is incompatible with strong acids, nitrates, nickel, 

copper. However, the current annotation makes interaction unlikely. At room and field temperatures, 

ammonium bicarbonate will spontaneously decompose into ammonium bicarbonate and ammonia which 

further decomposes to carbon dioxide, water and another molecule of ammonia. 

International Acceptance: 

Canadian General Standards Board Permitted Substances List - permitted as an attractant in insect traps. 

Codex Alimentarius Commission - not listed 

European Economic Community (EEC) Council Regulations - not listed 

International Federation of Organic Agriculture Movements (IFOAM) - not listed 

Japan Agricultural Standard for Organic Production - not listed 

Environmental Issues: 

The intended use in crop production is as a bait that would not come in contact with plants or soil. A small 

amount of ammonium carbonate is used alone or in a mixture with yeast. The ambient temperature during 

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use would result in ammonium carbonate volatilizing, releasing ammonia and carbon dioxide as gases. 

Given the small amount of ammonium carbonate used, the impact of its volatilization would be small. We 

were unable to find reports of non-target effects on other insect species. Such information would aid in our 

review of this material. 

Discussion: 

During the April 2015 public comment period, most respondents supported relisting including a number of 

respondents who voiced strong opposition to other insect pest management chemicals up for relisting. The 

past two sunset reviews of ammonium carbonate resulted in limited stakeholder input attesting to the 

efficacy and need of the material. During the period leading up to the April 2020 NOSB meeting information 

was sought on the following questions: 1) to what extent is ammonium carbonate used as a bait for 

trapping and thereby managing fly and other insect pest populations? 2) How effective is the practice for 

managing flies? and 3) to what extent is the population behavior of beneficial insects altered by the 

ammonium carbonate bait? From the considerable public comment received on ammonium carbonate, it 

is clear it is being used by organic farmers, particularly those with poultry and livestock herds and by fruit 

and nut growers where cherry fruit fly and spotted wing drosophila are issues. Several stakeholders 

indicated the use of ammonium carbonate as an attractant in insect baits aided the management of fly and 

other pest insect populations. There were no calls for delisting the compound given its widespread use in 

organic poultry and livestock production systems. While data on non-target effects on beneficial insects is 

lacking, there is little data to support challenging the benign effects of this compound when used as a bait 

for pest insect management in organic production systems. It is clear that the use of baited insect traps is 

consistent with an integrated approach that would also include controlling flies through manure 

management and enhancement of predator and parasitoid populations. 

Subcommittee Vote: 

Motion to remove ammonium carbonate from §205.601 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: Dave Mortensen 

Seconded by: Emily Oakley 

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

Soaps, insecticidal 

Reference: 205.601(e)(8) - As insecticides (including acaricides or mite control). 

Technical Report: 1994 TAP; 2020 TR 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Insecticidal soaps are used for control of soft bodied insects and hard bodied insects in the larval stage on 

organic crops. 

Manufacture: 

A reaction of an alkali such as sodium or potassium hydroxide on natural fatty acids (from both animal and 

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plant sources) is used to prepare insecticidal soaps. The fats, such as laurate, myristate, oleate, and 

ricinoleate are further processed to create a blend of selected fatty-acid chain lengths. The cation for soap 

molecules is determined by the base used in its production. Potassium soaps are derived from the 

treatment of fatty acids with potassium hydroxide while ammonium soaps are produced by saponification 

with ammonium hydroxide. 

International acceptance: 

European Economic Community (EEC) lists potassium soaps as an insecticide with applications "from 

traditional us in organic farming." Japan Agricultural Standard (JAS) lists soaps as agents for cleaning or 

disinfecting livestock and the Canadian General Standards Board Permitted Substances List includes 

ammonium soaps as a permitted substance. IFOAM lists potassium soaps as an equipment cleanser and 

equipment disinfectant. 

Environmental issues and human health: 

The toxicological profile of the substances differs based on the environment in which it is located. 

Insecticidal soaps are widely regarded as having low toxicity to terrestrial organisms, like mammals and 

avian animals. Insecticidal soaps are rapidly biodegradable in the environment and the half-life is estimated 

to be less than one day. Microbial organisms rapidly degrade fatty acids in soils. Potassium salts are highly 

toxic to aquatic invertebrates and slightly toxic to both cold water and warm water fish species. Due to this 

potential toxicity to aquatic environments, insecticidal soap product labels stipulate that the products are 

not intended for application to aquatic systems including ponds and streams. EPA has given these 

insecticides the lowest Toxicity Category IV (indicating the lowest level of toxicity). Potassium salts of fatty 

acids used on food and feed crops have been exempted from the requirement of a tolerance (or maximum 

residue limit) for all raw agricultural commodities since 1982. They are also generally recognized as safe 

(GRAS) by the FDA. Recent studies (2018) have shown insecticidal soaps to be non-toxic to desirable insects 

such as lady bugs and the coccinellid beetle. A recent technical review (2020) reports that "there is little to 

suggest that insecticidal soaps pose a threat to the environment when used as approved." In fact, the 

report goes on to state that because of the low toxicity, even if it is used improperly, environmental impact 

would be minimal. 

Alternatives: 

Alternatives include cultural pest control methods or oils, botanicals, or biological controls (depending on 

species). A variety of essential oils have been used as well as pyrethrum, however, horticultural oils and 

pyrethrum are easily degraded under common conditions like UV-radiation. Moreover, differences in the 

mode of action and in their targets (hard-bodied vs. soft-bodied) of essential oils and pyrethrum make one 

a poor substitute for the other. 

In the previous Sunset review in 2015 there was overwhelming support for the continued listing of this 

material. Public comments stated that this material remains a necessary tool in organic crop production 

and in fact has increased in use due to the growth of organic production. Public comment stated that these 

oils are allowed for use world-wide by most organic certifying bodies. The 2020 public comments for this 

product again showed overwhelming support for the continued listing of insecticidal soaps and that they 

were also in wide use. 

Subcommittee Vote: 

Motion to remove insecticidal soaps from §205.601(E)(8) 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: Rick Greenwood 

Seconded by: Dave Mortensen 

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

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Vitamin D3 

Reference: 205.601(g) - as rodenticides. 

Technical Report: 1995 TAP; 2011 TR 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Vitamin D3 (cholecalciferol) is used to fortify food and aids in the growth and maintenance of bones, 

typically found in milk and cereals. Forms of vitamin D are also found in margarine and infant formula. In 

this listing, vitamin D3 is used as a synthetic rodenticide both in gel and pellet baits. Vitamin D3 kills 

gophers, mice, rats and other rodents by causing an excessive, highly elevated level of calcium which results 

in hypercalcemia and mineralization of major organs (including kidney failure) leading to death. 

Manufacture: 

The 2011 TR states: The commercial manufacture of vitamin D3 utilizes cholesterol obtained by organic 

solvent extraction of animal skins (pig, sheep, or cow) and extensive purification (Norman, 2000). Typically, 

cholesterol is extracted from the lanolin of sheep wool and converted to 7-dehyrdocholesterol after a 

process of chemical synthesis that involves eighteen steps (Norman, 2000). The crystalline 7-

dehyrdocholesterol is then dissolved in an organic solvent and irradiated with UV light. This process causes 

a photochemical transformation of 7-dehyrdocholesterol into cholecalciferol that is similar to the natural 

process that occurs in the skin of humans. It is then purified and crystallized further before being 

formulated for use (Norman, 185 2000). Details of the manufacturing process are subject to several patents 

(Norman, 2000) and are not publicly available. 

Since the formulations contain .075% of cholecalciferol, with the remainder “inerts,” it is unknown what the 

other ingredients are, although much of it will be attractive food stuffs to the rodents. 

International Acceptance: 

The Canadian General Standards Board Permitted Substances List has this annotation on vitamin D3 

(cholecalciferol) “if used outdoors and inside greenhouses for rodent control when methods described in 

5.6.1 of CAN/CGSB-32.310 have failed. Prohibited inside on-farm food processing and food storage 

facilities.” 

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labeling and Marketing of 

Organically Produced Foods (GL 32-1999), has an allowance for rodenticides with this caveat “Products for 

pest control in livestock buildings and installations. Need recognized by certification body or authority”. 

The European Economic Community (EEC) Council Regulation, EC No. 834/2007 and 889/2008 states 

rodenticides are only to be used in traps. The Japan Agricultural Standard (JAS) for Organic Production and 

the International Federation of Organic Agriculture Movements (IFOAM) do not list this product, nor have 

any specific requirements for rodenticides. 

Environmental Issues: 

According to the TR, vitamin D3 is not expected to mobilize in soil and its bioconcentration in aquatic life is 

expected to be very low. Because of its insolubility in water, its use is unlikely to cause contamination to 

ground or surface waters. Since its use is restricted by the Environmental Protection Agency to bait 

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stations, the risk of accidental poisonings of non-target species has been addressed. Vitamin D3 is of low 

toxicity in birds, unlike the more widely used anti-coagulant rodent baits not approved for organic 

production. 

Subcommittee Review: 

A range of stakeholders provided public comment on vitamin D3 as a rodenticide at the April 2020 NOSB 

public meeting, and with almost no exception, the community has expressed its support for the material’s 

continued listing for permitted use in organic production. Most of the comments addressed the issue of 

non-target species toxicity. 

Since birds of prey can be of great use in controlling rodents on the farm, the use of vitamin D3 is preferred 

due to its very low risk to bird populations. Birds have a much lower body weight and the consumption of 

just one or two rodents who had consumed an anticoagulant bait could be detrimental to the bird’s health 

or cause death. Using a rodenticide that does not harm the predator population is an ecosystem friendly 

approach to controlling rodent populations. While non-target mammals could consume rodents that are ill 

from consuming vitamin D3, it would take many of these rodents to cause harm up the food chain. There 

are system-based methods that can be used to control rodent populations, such as improving structures to 

prevent their entry, as well as keeping food/water and harborage to a minimum. However, there are times 

when the use of a toxic bait is necessary to lessen the rodent population so that other system-based 

approaches can then take over. 

Vitamin D3 as a rodenticide continues to be reported in wide use by many organic stakeholders, particularly 

in situations where environmental factors and built structures create conditions conducive to rodent 

infestations. There has been some critique of its efficacy, but nearly no grower or certifier expressed 

opposition to its continued listing as an essential substance for the organic toolkit. Most stakeholders 

report anecdotal findings that vitamin D3 has low toxicity to birds and to other non-target species, 

particularly as compared to other rodenticides. Notably, one non-profit stakeholder organization has 

suggested via public comment that vitamin D3 can lead to painful death in rodents and could be replaced 

with other substances. Given the widespread support from stakeholders for keeping this material available 

to organic growers, the Crops Subcommittee recommends relisting of this material. 

Subcommittee Vote: 

Motion to remove vitamin D3 from §205.601 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: Wood Turner 

Seconded by: Jerry D’Amore 

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

Aquatic plant extracts 

Reference: 205.601 (j) As plant or soil amendments. (1) Aquatic plant extracts (other than hydrolyzed) – 

Extraction process is limited to the use of potassium hydroxide or sodium hydroxide; solvent amount is 

limited to that amount necessary for extraction. 

Technical Report: 2006 TR; 2016 TR 

Petition(s): N/A 

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

sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Plant extracts are composed of chemicals naturally found in aquatic plants (TR 2006 line 19), namely marine 

plants (also called seaweed). Aquatic plant extracts are used as foliar fertilizers or as soil conditioners. 

They also are used in combinations as a foliar/soil feed or transplant solution and seed treatment. The 

material is absorbed into the plant and acts as a growth promoter (TR 2006 lines 63-6). Aquatic plants 

contain proteins, lipids, sugars, amino acids, nutrients, vitamins, plant hormones, and other biochemicals 

(TR 2006 lines 26-7). Aquatic plants contain a wide range of naturally occurring plant nutrients and trace 

minerals essential to plant growth, health, and productivity (TR 2006 lines 41-42). Cytokinins, a class of 

plant hormones present in aquatic plant extracts, have been reported to have beneficial effects on crops, 

including increase in number or size of fruits or seed heads, synchronization of flowering within a field, and 

delayed decay of mature plants (TR 2006 lines 46-8). 

Manufacture: 

Seaweeds are classified into three broad groups based on pigmentation: brown, red, and green; 

respectively, Phaeophyceae, Rhodophyceae and Chlorophyceae (TR 2016 lines 103-4), and all three classes 

are used in aquatic plant extracts. Seaweeds are also called macro-algae, distinguishing them from microalgae (Cyanophyceae) which are microscopic in size and often unicellular (TR 2016 lines 108-110). 

Seaweeds used in aquatic plant extracts are macro-algae. 

Seaweed extract is produced from fresh, live plants which are processed into a soluble powder or liquid and 

may be stabilized with synthetic acids and fortified with other ingredients. An alkali extraction process is 

used to “digest” the plants and derive both micronutrients and naturally occurring plant hormones. This 

process also transforms the plants into a soluble, easily transported form. The majority of manufacturers 

use potassium hydroxide as the primary reagent in the alkali extraction process. Other alkali reagents used 

by some manufacturers include sodium hydroxide, calcium hydroxide, and sodium carbonate (TR 2006 lines 

181-189). 

International Acceptance: 

Canadian General Standards Board Permitted Substances List permits use of aquatic plants products not 

containing synthetic preservatives, such as formaldehyde, and extracted with potassium hydroxide or 

sodium hydroxide. 

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labelling and Marketing of 

Organically Produced Foods (GL 32-1999) lists seaweed and seaweed products as a soil conditioner. 

European Economic Community (EEC) Council Regulation, 2092/91 allows aquatic plant extracts for organic 

crop production following “Annex IIB – Seaweed and seaweed products”. 

Japan Agricultural Standard (JAS) for Organic Production allows the use of dried algae as fertilizer for 

terrestrial plants. 

International Federation of Organic Agriculture Movements (IFOAM) lists seaweed as a soil input in 

appendix 2. 

Environmental Issues: 

Aquatic plant extracts are biodegradable and are likely to have a low impact on crops (TR 2006 lines 242-3). 

They are not expected to cause toxicity to plants, soil organisms, or higher animals (TR 2006 lines 151-2). 

There are no known human health hazards (TR 2006 line 320). The potential for over-harvesting of 

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kelp/seaweed fields for production of aquatic plant extracts was identified as a possible environmental 

concern in the 1995 TAP review, but it offered no additional information. 

The 2016 TR and 2016, 2017, and subsequent public comments raised concerns about the potential for 

negative environmental impact on marine ecosystems from seaweed harvesting. Some examples noted in 

the 2016 TR were specific to species used in organic crop fertility inputs and aquatic plant extracts. For 

example, in mechanical harvesting in Iceland, as with other areas where Ascophyllum nodosum and 

Laminaria digitata are harvested commercially, ecological concerns about changes in species diversity 

resulting from harvesting have been noted (TR 2016 lines 892-6). In Nova Scotia, commercial yields of 

rockweed are maintained. There still isn’t sufficient information or analysis from industry or third-party 

research proving that their harvest rate is not detrimental to the habitat value that rockweed provides to 

associated plants and animals. Estimated recovery times based on percentages removed vary between 

publications (TR 2016 lines 597-600). Additionally: 

There is one species of red algae and two species of brown algae growing along the coasts 

of the United States that have gained attention as ecologically threatened in recent years. 

They are respectively, Irish moss (Chondrus crispus), rockweed (Ascophyllum nodosum), and 

giant kelp (Macrocystis pyrifera). These plants are economically important and drive 

several seaweed industries including cosmetic products, nutraceuticals, fertilizers and 

hydrocolloids. Fertilizer applications are similar to farmyard manure, but may also include 

extracts and foliar applications (Chojnacka, 2012). 

Kelp and rockweed, are foundational species forming large expansive marine habitats 

supporting a diverse range of wildlife, including other algal species, marine animals and 

many species of protozoans and bacteria (Seeley and Schlesinger, 2012). Without a good 

accounting of all of the species present it is hard to predict the effects of harvesting 

rockweed and kelp on each ecological niche. Thus, it has been important to recognize that 

sustainable seaweed production perceived as reproducible harvest capacity, may not 

guarantee the sustained subsistence of each resident species. Although not part of any 

agricultural waste stream, extracts from wild-harvested kelp and rockweed are allowed for 

use in organic production as soil amendments (§205.601(j)(1)). [TR 2016 lines 522-535]. 

Even within the 2016 TR, differences of opinion about the environmental impacts of harvesting were noted 

within the scientific community. For example: 

One study addressing the major components of the resident fish community in the rocky 

intertidal zone after rockweed harvest found no evidence linking rockweed harvest to 

changes in the ichthyoplankton component or the juvenile and adult fish of that community 

(van Guelpen and Pohle, 2014). In a summarized review of selected work, a researcher at 

the University of Maine also concluded that the effect of 17% rockweed harvest on some 

species including seabirds was negligible (Beal, 2015). [TR lines 326-31] 

The TR goes on to explain that: 

Notwithstanding, rockweed has an important role as habitat, as food and as a nutrient 

source supporting a community of organisms that inhabit its “forests.” Any cutting of 

rockweed can produce an effect on the supported eco-communities. Furthermore, many 

aspects of this ecosystem have not been elucidated, encouraging more precaution as the 

brown algae “forestry” industry grows into the future (Seeley and Schlesinger, 2012). [TR 

lines 356-60] 

Subcommittee Review: 

As part of the Spring 2020 public meeting, the Crops Subcommittee asked what species of seaweed are 

used in aquatic plant extracts but received very few comments on this topic. The Board asked if 

nonsynthetic alternatives to this material provide the same functionality. Several harvesters stated that 

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nonsynthetic forms require more seaweed biomass to achieve the same benefit. One commenter noted 

that natural extracts are available and expressed concern over environmental impacts of harvesting. A 

broad range of stakeholders affirmed their support for this material, noting that growers have long 

experience with aquatic plant extract as part of organic fertility management plans. Certifiers reported a 

very high number of farmers who list this material in their Organic System Plans, and the Board heard 

directly from growers who rely on this material. One suggested that the board continue to allow this 

material while simultaneously exploring the environmental impact. 

The Subcommittee was divided on this topic. Two members expressed a desire to gather more 

information, particularly with regard to the related work agenda item of marine macroalgae in plant fertility 

products in the Materials Subcommittee, before making a final determination on their position on this 

material. One member was concerned about the environmental impact of harvests. 

Subcommittee Vote: 

Motion to remove aquatic plant extracts from §205.601 (j) based on the following criteria in the Organic 

Foods Production Act (OFPA) and/or 7 CFR 205.600(b) if applicable: N/A 

Motion by: Emily Oakley 

Seconded by: Wood Turner 

Yes: 1 No: 3 Abstain: 2 Absent: 2 Recuse: 0 

Lignin sulfonate 

Reference: 205.601(j) As plant or soil amendments. (4) Lignin sulfonate —chelating agent, dust 

suppressant. 

Technical Report: 1995 TAP; 2011 TR 

Petition(s): 2014 Petition to remove as floating agent 

Past NOSB Actions: 10/1995 NOSB Minutes and vote; 04/2006 Sunset Rec; 04/2011 NOSB Rec to amend, 

04/2011 NOSB Sunset Rec; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Lignin sulfonate is currently included on the National List as a synthetic substance allowed for use in organic 

production. It is used in a plant or soil amendment as a dust suppressant or chelating agent. 

Manufacture: 

Lignin sulfonates are produced from the process of sulfite chemical pulping. Sulfite pulping involves 

cooking softwood chips under pressure in sulfur dioxide-containing cooking liquors. When the cooking 

process is complete, sulfonated lignin is collected as a liquid by-product in the spent liquor, while the pulp is 

used for paper production. Lignin sulfonates may also be obtained from the Kraft pulping process and is 

similar to sulfite pulping, but involves treating the wood at high temperatures and pressure in a water 

solution containing sodium sulfide and sodium hydroxide. 

International acceptance: 

The Canadian General Standards Board allows the use of lignin sulfonate as a dust suppressant, formulant 

ingredient and chelating agent. IFOAM includes calcium lignosulfonate on its "Indicative List of Substances 

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for Organic Production and Processing." As of 2009, calcium lignosulfonate is allowed by CODEX 

Alimentarius Commission as a food additive. Lignin sulfonate is not specifically discussed by the European 

Economic Community Council regulations. 

Environmental issues and human health: 

Sodium lignosulfonate is relatively low in toxicity based on results of tests in laboratory animals. However, 

high doses have been found to cause adverse health effects in laboratory animals. Rats that were given 

drinking water containing purified sodium lignosulfonate at a 10 g/100 ml concentration for 16 weeks had 

skin lesions, decreased weight gain and increased white cell counts. No evidence of genotoxicity was found 

in microbial assays and in a test for chromosomal aberration in Chinese hamster cells. Lignin sulfonates are 

soluble in water, so it is possible for dissolved lignosulfonates to enter waterways through direct 

contamination or soil runoff. Also, as they break down in water they consume dissolved oxygen in water 

due to their high BOD, which affect aquatic organisms through decreased available oxygen. In a previous 

TAP Report (1995) the issue of potential dioxin contamination was addressed as a potential contaminant 

from the process of pulping paper. Dioxin is created during the bleaching process of paper production and 

the lignosulfonates are removed from the pulp before the bleaching process making it unlikely they would 

be generated. 

Lignin sulfonates break down by physical or microbiological processes but may persist in soil for up to one 

year. Breakdown of lignin sulfonate occurs in part because it is used as a carbon source by a variety of 

wood-decaying organisms. It is postulated that large amounts of lignin sulfonate applied to soils could 

stimulate soil microbial activity. 

The EPA issued an exemption from the requirement of tolerance for lignin sulfonates when they are used as 

inert ingredients pre- and post-harvest in agricultural production. The exemption is based on the 

conclusion that there is a reasonable certainty the no harm will result to the general public, infants and 

children from aggregate exposures to lignosulfonates. 

Magnesium chloride and calcium chloride from non-synthetic sources are allowed for use as a dust 

suppressant under certain circumstances and magnesium chloride from synthetic sources is allowed for use 

in organic agriculture for dust suppression only if it is derived from seawater. Non-synthetic amino acids 

and non-synthetic citric acid are allowed for use as chelating agents. 

Physical manipulation of landscape can also be used for dust suppression - water sprays and gravel and notill farming practices can also be used. 

Summary: 

At the last Sunset review in 2015, public comment was in support of relisting lignin sulfonate as a chelating 

agent and a dust suppressant. Lignin sulfonate is in wide use by the trade and is considered to be necessary 

for both dust suppression and as the chelating agent for many micronutrient formulations. No significant 

new issues were raised by the public at that time. At the 2020 public comment period again there were no 

comments for delisting this product and many comments stating that it was still in use. Lignin sulfonate is 

still being used extensively. One certifying agency reported that it is listed on over 

Subcommittee Vote: 

Motion to remove lignin sulfonate at 205.601(j) As plant or soil amendments. (4) Lignin sulfonate chelating 

agent, dust suppressant 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: Rick Greenwood 

Seconded by: Emily Oakley 

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

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Sodium silicate 

Reference: 205.601 (l) As floating agents in postharvest handling. Sodium silicate—for tree fruit and fiber 

processing. 

Technical Report: 1996 TAP; 2011 TR 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Sodium silicate, also known as “water glass”, has had a range of uses that include fiber processing, fire 

prevention, adhesives, egg preservation, and as an anti-corrosion agent (2011 TR). For organic production, 

it may be used to modify water density in the water tanks that remove fruit from picking bins at the start of 

the packing process. This is especially important for pear packing lines since pears are denser than water 

and will sink to the bottom of the water tank. Adding sodium silicate to the water increases the density of 

the water thus causing the pears to float and making them easier to remove from the dump tank and onto 

the packing line. 

The 2011 TR notes that there are a number of uses of sodium silicate for fiber processing, but it did not 

specifically identify organic uses in fiber processing. For fiber processing in general, sodium silicate may be 

used as a peroxide buffer for processing cotton and jute. It also has uses as a bleaching agent, detergent 

for fiber cleaning, degumming of jute fibers and in combination with various other bleaching and processing 

compounds. 

Manufacture: 

Solid glass is usually produced in a rotary kiln or tank furnace by fusing quartz sand with potash or soda at 

temperatures ranging from 1,100 to 1,330 degrees C. Sodium silicate, which makes up the majority of 

soluble silicates produced, is converted from solid glass to a liquid solution at 100 degrees C. The 

concentrations of sodium silicate in water can be varied according to particular processing needs (2011 TR). 

The 2011 TR notes that the production processes for lump glass and sodium silicate require high 

temperatures and sometimes high pressures to change silicon dioxide and soda or potash to soluble 

silicates. These processes do not occur in nature and thus this material was deemed to be synthetic. 

International Acceptance: 

Sodium silicate is allowed for organic use by several international organizations (from the 2011 TR): 

Canadian General Standards Board – allows for its use for tree fruit and fiber processing 

Codex Alimentarius Commission – permits its use for the production of organic foods 

IFOAM – it is included in the silicates group and allowed under substances of mineral origin in the crop 

protectants and growth regulators with no additional conditions for use 

European Economic Community (EEC) Council Regulations – not listed for use 

Japan Agricultural Standard for Organic Production – permits it for manufacturing, packaging, storage, 

processing, other processes in the case that ordinary- ...means are not effective enough; it is restricted for 

the purpose of pest control on plants. 

Environmental Issues: 

As noted in the 2011 TR, sodium silicates are quickly diluted and depolymerize in the environment. These 

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-

processes yield molecular forms that are indistinguishable from natural dissolved silica in naturally 

occurring water. Other testing has shown these silicates to be generally non-toxic, except for contact 

exposure to very high concentrations of the material which can cause dermatitis, or, if ingested, vomiting 

and diarrhea. Additionally, the 2011 TR concluded that, based on its normal use patterns, sodium silicate is 

unlikely to contaminate soil or adversely affect soil organisms. Sodium silicate has been characterized as 

Generally-Recognized as Safe (GRAS) by the Food and Drug Administration. The U.S. Environmental 

Protection Agency has determined it is exempt from the requirement of a tolerance when used as an inert 

ingredient in pre- and post-harvest products (2011 TR). 

While normal uses of sodium silicate are unlikely to cause environmental damage, large scale spills of 

sodium silicate could have some environmental effects, either by altering the pH of the spill area or 

affecting the balance of nitrogen and phosphorous in the spill area (2011 TR). 

Subcommittee Review: 

There were few public comments received for this material during the spring 2020 comment period. One 

commenter noted that this material is not compatible with a system of organic agriculture and should be 

delisted. Other commenters noted that this material is used primarily by small pear packers to float the 

pears out of their water dump tanks and onto their packing lines. Larger pear packers utilize mechanical 

means to accomplish this, but for smaller packers, this equipment is expensive and could prevent them 

from operating. No comments were received as to the use of this material for fiber processing. 

Given that sodium silicate still provides a benefit to the organic industry, does not contribute to 

environmental degradation during normal usage, is Generally-Recognized as Safe (GRAS) by the Food and 

Drug Administration, and the U.S. Environmental Protection Agency has determined it is exempt from the 

requirement of tolerance when used as an inert ingredient in pre- and post- harvest products (2011 TR) the 

Crops Subcommittee recommends that this material remain on the National List. 

Subcommittee Vote: 

Motion to remove sodium silicate from §205.601 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: Steve Ela 

Seconded by: Wood Turner 

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

EPA List 4 Inerts of Minimal Concern 

Reference: 205.601(m) As synthetic inert ingredients as classified by the Environmental Protection Agency 

(EPA), for use with nonsynthetic substances or synthetic substances listed in this section and used as an 

active pesticide ingredient in accordance with any limitations on the use of such substances. (1) EPA List 4 – 

Inerts of Minimal Concern. 

Technical Report: 2015 Limited Scope TR: Nonylphenol ethoxylates (NPEs) 

Petition(s): N/A 

Past NOSB Actions: 02/1999 NOSB minutes and vote; 11/2005 NOSB sunset recommendation; 04/2010 

recommendation, 10/2010 NOSB sunset recommendation; 10/ 2012 NOSB recommendation; 10/2015 

NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

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Subcommittee Review: 

Use: 

“Inert” ingredients in pesticide formulations, also described as “adjuvants,” are added to enhance 

functionality and efficacy. Any of the pesticides approved for organic use may contain “inert” ingredients. 

For example, surfactants may improve the solubility and half-life of active pesticide ingredients. As 

described in Shistar (2017), “The relatively few registered pesticides allowed in organic production are 

contained in product formulations with so-called “inert” ingredients that are not disclosed on the product 

label. The “inerts” make up the powder, liquid, granule, or spreader/sticking agents in pesticide 

formulations. The “inerts” are typically included in products with natural or synthetic active pesticide 

ingredients recommended by the National Organic Standards Board (NOSB) and listed by the National 

Organic Program (NOP) on the National List of Allowed and Prohibited Substances.” 

Manufacture: 

Since this listing covers many different materials, the manufacture of these substances cannot be 

specifically stated. 

International Acceptance: 

Since this listing covers many different materials, a specific listing of international acceptance cannot be 

provided. 

Environmental Issues: 

As noted below, some of the materials listed on EPA List 4 may have negative environmental and human 

health consequences, while others may be relatively benign. A complete review of materials listed as to 

environmental issues is not possible without Technical Reviews of each material. 

Discussion: 

“Inerts” are not necessarily biologically or chemically inert. They may be relatively benign or may be 

documented as harmful to the environment or human health. Without a way to individually evaluate each 

substance listed on EPA List 4 or to evaluate substances as a group, it is difficult to discern the acceptability 

of each substance for use in organic agriculture. 

Presently, the National List, under §205.601(m), references the EPA List 4 – Inerts of Minimal Concern, as 

acceptable in organically approved pesticide formulations. List 4, however, is outdated and no longer 

maintained by EPA. The list of “inerts” that is referenced for review of products for organic certification 

was last updated in August 2004 (EPA website https://www.epa.gov/pesticide-registration/epas-nationalorganic-program-guidance) and may include materials that some stakeholders believe are inappropriate for 

organic agriculture. For example, nonylphenol ethoxylates (NPEs) are included on List 4. These materials 

are endocrine disruptors, may adversely impact fauna and flora, and have been identified by the California 

Department of Toxic Substances Safer Consumer Products program as a likely high priority chemical that 

should be formally phased out 

(https://www.ams.usda.gov/sites/default/files/media/NPE%20Technical%20Evaluation%20Report%20%28 

2015%29.pdf, https://dtsc.ca.gov/scp/proposed-priority-product-nonylphenol-ethoxylates-npes-in-laundrydetergents/). If evaluated on an individual basis, NPEs would likely not meet OFPA criteria for acceptability. 

Over the last decade, the NOSB and NOP have struggled with how to evaluate the EPA List 4 – Inerts of 

Minimal Concern during sunset review. OFPA has specific criteria for inerts which states: “(ii) ... contains 

synthetic inert ingredients that are not classified by the Administrator of the Environmental Protection 

Agency as inerts of toxicological concern” (§6517 C.1.B.ii). Due to EPA changes in its categorization of inerts 

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and discontinued support for List 4, the NOSB (starting in 2010) has adopted a series of recommendations 

to revise this sunset listing. 

Initially it was thought that there should not be a grouping of these materials, but that each individual 

substance should be evaluated and, if appropriate, added to the National List. However, this process was 

cumbersome, slow, and difficult to implement. It was also likely to cause uncertainty in the marketplace if 

materials already used in organic products were not recommended for listing and if a known timeline was 

not available to manufactures. At each sunset review the Board has balked at the blanket renewal of List 4 

inerts but has not had a viable alternative to relisting. During the most recent sunset review in 2015, the 

Crops Subcommittee and full Board moved forward a proposed solution to review inerts that were 

formerly on EPA List 4 by collaborating with the EPA Safer Choice Program (SCP) (formerly Design for the 

Environment Program). The specific language of the NOSB recommendation is linked here and pasted 

below: 

https://www.ams.usda.gov/sites/default/files/media/CS%20LS%20EPA%20List%204InertsAnnotation_final 

%20rec.pdf. 

Statement of the Recommendation: 

The purpose for the annotation change is to remove reference in the regulation to the EPA List 4 which is 

no longer in use and which the EPA requested be removed in 2010. In order to thoroughly evaluate inerts 

for compatibility with organic materials, the NOSB has decided to work with the EPA Safer Choice 

Program and in order to move forward with a formal relationship, an annotation change to recognize this 

collaboration is needed. The recommendation acknowledges the current nomenclature in use by the EPA 

regarding FIFRA 25(b) and 40 CFR 180.1122, while laying a framework for some inerts to be reviewed 

individually. 

205.601(m) and 205.603(e) – As synthetic inert ingredients as classified by the Environmental 

Protection Agency (EPA), for use with nonsynthetic substances or synthetic substances listed in 

this section and used as an active pesticide ingredient in accordance with any limitations on the 

use of such substances. 

(i) Substances permitted for use as inerts in minimal risk products exempt from pesticide 

registration under FIFRA section 25(b).1, 

(ii) Substances included on the EPA’s Safer Chemical Ingredient List. 

(iii) Inert ingredients that are exempt from the requirement of a tolerance under 40 CFR 

180.1122 – for use only in passive pheromone dispensers. 

[Reserved] (for any other inerts individually petitioned and reviewed)] 

The NOSB approved the recommendation above by a 10 to 4 vote. The NOSB then renewed the existing 

inerts listing under §205.601(m) with the expectation that a working relationship would be established 

between the NOP and EPA, with NOSB engagement, to develop a working list of acceptable inert 

materials for organically approved pesticide formulations. Acceptable inerts would be approved on a 

class basis, with room for individual material reviews and listing on the National List. To date, the NOP 

has made no changes to the regulations. 

The current situation, where NOP policies are tied to long outdated US EPA guidance, is broken. 

Numerous environmental and consumer groups have submitted comments raising concerns about the 

slow progress on resolving this problem. Private companies and advisors also assert that the lack of a 

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transparent and consistent approach for reviewing and approving “inerts” stifles development of 

organically approved plant protection tools. This undermines organic production and the larger 

agricultural economy. The issues identified in 2015 remain nearly the same during this sunset review. 

There are specific recommendations by the NOSB and a recommendation by the U.S. EPA to remove 

references to List 4 on the National List that must be acted upon. Several factors are in place for the 

NOSB, NOP, and EPA to work together to solve these problems now. The EPA Safer Choice Program is 

well established and offers a strong partner to identify acceptable inert materials. The Crops 

Subcommittee strongly requests that the NOP act on the 2015 recommendation. The concerns of product 

developers, stakeholders, and the NOSB must be addressed. This would encourage innovation of new 

products, lessen concerns of stakeholders over environmental and health concerns, and make future 

reviews of inert materials much easier. 

Figure 1. Timeline of NOSB Actions on “Inerts” (from Shistar, 20171

). 

1992 First NOSB appointed. 

1995 NOSB says it will review “inerts” after the National List is published in the Federal Register 

and passes the resolution, “Inerts on the EPA List 4 are considered generally recognized as 

safe and will be accepted for organic production, unless an 

NOSB evaluation finds a specific List 4 inert to be unacceptable. Inerts proposed for 

organic production on EPA’s List 2 which are potentially toxic and List 3 which are 

unknown will be compiled by the NOSB and forwarded to the EPA as materials for fasttrack review and possible reclassification. List 1 inerts are prohibited by the 

OFPA.” 

1997 First proposed rule would have allowed all but List 1 “inerts.” 

1999 NOSB recommends allowing List 4 and prohibiting all others, with the exception of 

particular List 3 “inerts” approved on a case-by-case basis. 

2000 Following the NOSB recommendation, the final rule allowed “inerts” on Lists 4A and 

4B. 

2002 NOSB votes to allow the use of List 3 “inerts” in passive pheromone dispensers and to 

temporarily allow List 3 “inerts” while under review. 

2004 NOSB and the public objected to a directive by the NOP that allowed the use of 

pesticides containing undisclosed “inerts,” including those on Lists 2 and 3. 

2006 EPA tells USDA that it had completed the review mandated by FQPA and would no 

longer be maintaining the “inerts” lists on which the NOP regulations depended. 

2007 NOSB relists List 3 “inerts,” limiting the renewal to those identified as List 3 by 

October 9, 2007 and says, “Future petitions to add, remove or renew an inert 

ingredient to the National List will need to reference a specific inert ingredient.” 

2008 NOSB discussion document on “inerts” options. 

2009 Another NOSB discussion document on “inerts.” 

1 Shistar, T. “Inert” Ingredients Used in Organic Production. Beyond Pesticides, Washington, D.C., 2017 

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2010 Spring: NOSB establishes the baseline position, “The NOSB needs to review all inert 

ingredient components used in current NOP compliant pesticide formulations for 

consideration for inclusion on the National List.” The 2010 recommendation also 

recommended six steps to accomplish the changes in regulation. 

Inerts Working Group (IWG) is established. 

Fall: NOSB votes to re-list List 4, with a minority opinion stressing the importance of moving 

ahead with NOSB review. The summary of the recommendation stated that 

the relisting was “pending review by the program of inerts individually and as a class 

of materials.” 

2011 IWG, through the Crops Subcommittee, submits a discussion document that 

presents some initial considerations and some proposals. 

2012 Spring: NOSB recommends an expiration date of October 21, 2017 for List 3 “inerts” in 

passive pheromone dispensers, to coincide with the sunset date for List 4 “inerts.” The NOP 

refused to codify the recommendation. 

Fall: NOSB follows up on the IWG’s 2011 discussion document by unanimously 

recommending a changed annotation and a plan of action. NOSB proposes to review of 

“inerts” by classes. 

2013 In its response to the fall 2012 NOSB meeting, the NOP said it intends to conduct a public 

notification and comment process, including notification to the public of 

“inert” ingredients known to be used in organic production and NOSB’s review plan, and a 

request for public comments regarding any other “inert” ingredientscurrently used in 

organic production that are not identified in the list provided by the NOP. It said that 

changes to the National List would be considered after NOSB completion of “inerts” review. 

Spring: NOP reiterates its intentions as stated in its response to the fall 2012 

meeting and said that a Federal Register notice to this effect was in review. 

2014 Spring: NOP update describes meetings with EPA Design for the Environment (DfE) 

program and suggests the possibility of cooperating with DfE on “inerts.” 

Fall: NOP reports that since the spring meeting: Office of General Counsel (OGC) reviewed 

the concept of collaborating with EPA; NOP provided more background to DfE; and NOP has 

been planning for interagency meetings. NOP sees next steps: (1) 

NOP and EPA meet further to develop plans for collaboration; (2) NOP consults with NOSB 

on options; and (3) public notice will be given via Federal Register. 

2015 Spring: NOP provides a TR for one category of List 4 inerts –nonylphenol ethoxylates (NPEs). 

NOP and DfE (now Safer Choice) presentations. NOP outlined “next steps”: 

(1) NOSB reviews Safer Choice to consider referring to it for “inerts” review, (2) NOSB 

reviews current List 4 reference as part of 2017 sunset review, (3) NOSB and IWG may 

draft alternate language proposal to replace current references to List 4 and List 3-for fall 

2015 meeting, (4) NOSB reviews EPA Safer Choice Criteria, and compares to OFPA criteria. 

Fall: NOSB passes an annotation to the List 4 listing on the National List that allows: 

substances permitted for use in minimal risk products, (ii) substances included on the EPA’s 

Safer Chemical Ingredients List, (iii) “inert” ingredients that are exempt from the requirement 

of a tolerance for use only in passive pheromone dispensers, 

(i) and (iv) other inerts individually petitioned and reviewed. 

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2016 Spring: Crops Subcommittee presents a discussion document on a proposal to 

prohibit use of NPEs. 

Fall: Saying that the listing will be superseded by the annotation change approved at the Fall 

2015 meeting, the NOSB votes to relist List 3 “inerts.” No further action on 

NPEs. 

1 Shistar, T. “Inert” Ingredients Used in Organic Production. Beyond Pesticides, Washington, D.C., 2017 

Subcommittee Review: 

Public comment during the April 2020 meeting was emphatically supportive of removing the reference to 

EPA List 4 on the National List and immediate implementation of prior NOSB recommendations outlined 

above. Stakeholders largely agreed that the current system is broken, unacceptable, and a threat to 

organic integrity. A key example noted by several commenters was the presence of NPEs on List 4 despite 

known concerns about their safety and the fact that they are banned by other organic governing bodies, 

including the European Union. Additionally, several organic pesticide producers confirmed that uncertainty 

resulting from reference to an outdated list of inert ingredients (List 4) stifles production of new materials 

which could benefit organic production. A typical comment from stakeholders in April 2020 is we 

“...strongly support[s] and requests that the NOP act on...” prior NOSB recommendations to end the 

reliance on EPA List 4. Commenters provided detailed roadmaps for the programmatic and administrative 

steps needed to implement existing NOSB recommendations and build necessary relationships between the 

NOSB, NOP, and the EPA Safer Choice Program. Concerns were raised by some trade organizations that 

abrupt removal of List 4 inerts would cause upheaval in the organic pesticide market and potentially limit 

the availability of some materials, especially if new formulations required efficacy and other testing. 

However, it is likely that many chemicals on the outdated EPA List 4 would be migrated to a new list of 

acceptable materials so that many existing organic pesticide formulations would be unchanged, and no new 

testing would be required. Materials that are not migrated to a new list for safety or other reasons would 

not be compatible with organic agriculture, strengthening organic integrity. For example, in public 

comments, OMRI reports that “Of the 365 distinct inert ingredients that are used in OMRI Listed products 

as of March 10, 2020, 153 appear on the EPA Safer Chemicals Ingredient List (SCIL) or the 25b Minimum 

Risk Inerts List.”, indicating that many materials on EPA List 4 would already qualify for an EPA inert SCIL for 

organic pesticide formulations. 

According to the NOP, “EPA has informed USDA that the “Inerts List” system may no longer be effective or 

available for the NOP to reference in the Regulations. Also impacted is the EPA review and labeling program 

for determining the compatibility of pesticides with the Regulations. NOP will collaborate with EPA and the 

National Organic Standards Board (NOSB) to determine the most effective and efficient way to amend the 

regulations” (https://www.ams.usda.gov/sites/default/files/media/5008.pdf). Given these 

acknowledgements, the Crops Subcommittee recommends removing EPA List 4 at 205.601(m) from the 

National list and initiating steps to implement prior NOSB recommendations to develop a Safer Chemical 

Ingredient List for inerts in an orderly manner. 

Subcommittee Vote: 

Motion to remove EPA List 4 - inerts of minimal concern from §205.601 of the National List based on the 

following criteria in the Organic Foods Production Act (OFPA) and/or 7 CFR 205.600(b): 7 U.S.C. 

6518(m)(1) – (7) 

Motion by: Asa Bradman 

Seconded by: Wood Turner 

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

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Arsenic 

Reference: 205.602(b) 

Technical Report: none 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Arsenic and its compounds, especially trioxide, are used in the production of pesticide 

treated wood products, herbicides, and insecticides. These applications are declining due to the toxicity of 

arsenic and its compounds. 

Arsenic is sometimes alloyed with lead to form a harder, more durable metal. Some areas of use include car 

batteries and bullets. Until recently, arsenic was commonly used in glassmaking. However, due to pressure 

from the EPA and environmentalists, most glass manufacturers have slowed down or stopped using arsenic. 

Manufacture: 

Arsenic is a naturally occurring element in the environment that can enter the food supply through soil, 

water, or air. Arsenic levels in the environment are generally low but can vary depending on the natural 

geological makeup of local areas. 

International Acceptance: 

In 2017 CODEX adopted a code of practice for the prevention and reduction of arsenic contamination in 

rice. The Codex provides national or relevant food control authorities, producers, manufacturers and other 

relevant bodies with guidance to prevent and reduce arsenic contamination in rice as source directed 

measures and agricultural measures. The Codex also includes guidance on monitoring and risk 

communication. 

Health Canada continues to monitor the concentrations of various chemicals, including arsenic, in foods 

through its ongoing Total Diet Study surveys and also conducts targeted surveys of arsenic in specific foods. 

Additionally, the Canadian Food Inspection Agency carries out monitoring and surveillance work for arsenic 

in foods, including those commonly consumed by infants and children. Health Canada will also continue to 

evaluate the potential human health risks associated with dietary arsenic exposure. 

Environmental Issues: 

Contamination from mining, fracking, coal-fired power plants, arsenic-treated lumber, and arseniccontaining pesticides also contribute to increased levels of arsenic in certain locations. As a naturally 

occurring element, it is not possible to remove arsenic entirely from the environment or food supply. The 

FDA, therefore, seeks to limit consumer exposure to arsenic to the greatest extent feasible. 

The FDA tests arsenic levels in foods as part of a comprehensive approach to monitoring toxic elements and 

nutrients. The agency prioritizes monitoring inorganic arsenic levels in foods more likely to be eaten by 

infants and toddlers. These foods are a greater potential source of dietary inorganic arsenic exposure for 

infants and young children than for adults, because: 

• they are commonly consumed by infants and young children; 

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• infants and children’s dietary patterns are often less varied than those of adults, and 

• infants and children consume more food relative to their body weight than do adults. 

The FDA tests for toxic elements through: 

• the Total Diet Study; 

• the FDA’s Toxic Elements in Food and Foodware, and Radionuclides in Food compliance program; 

and 

• sampling assignments. 

• sampling assignments may be conducted in response to reports of elevated arsenic levels in certain 

foods or to focus on a specific food, food additive, or specific food group (such as foods commonly 

eaten by infants and toddlers). 

The Crops Subcommittee determined that arsenic still does not meet the OFPA criteria and sees no reason 

to recommend removing it from its prohibited status on the National List. Additionally, there were few 

public comments, and none were in support of removing arsenic from the prohibited list. 

Subcommittee Vote: 

Motion to remove arsenic from §205.602 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: Jesse Buie 

Seconded by: Emily Oakley 

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

Strychnine 

Reference: 205.602(i) 

Technical Report: none 

Petition(s): N/A 

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

NOSB sunset recommendation; 10/2015 NOSB sunset recommendation 

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

notice published 03/21/2017 (82 FR 14420) 

Sunset Date: 3/15/2022 

Subcommittee Review: 

Use: 

Strychnine is a toxic alkaloid that is a transparent crystal or white, crystalline powder. It was widely used in 

poison (toxic) baits to kill rodents and other mammals. Exposure to strychnine can be fatal. It is colorless, 

odorless and has a bitter taste. 

Strychnine can be absorbed into the body by inhalation or ingestion. It can also be injected into the body 

when mixed with a liquid. Strychnine is rapidly metabolized and detoxified by the liver. This substance is 

also well-absorbed and acts very rapidly, producing muscular hyperactivity, which can quickly lead to 

respiratory failure and death. 

Strychnine has been placed in Toxicity Category I, indicating the greatest degree of acute toxicity, for oral 

and ocular effects; inhalation toxicity is also presumed to be high. 

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According to the USDA, above-ground uses were canceled in 1988; however, it remains registered for 

below-ground use to control damage caused by pocket gophers. 

Manufacture: 

The primary natural source of strychnine is the plant Strychnos nux-vomica. This plant is found in southern 

Asia (India, Sri Lanka, and East Indies) and Australia. 

International Acceptance: 

Under the authority of the Pest Control Products Act and based on the evaluation of currently available 

scientific information, Health Canada is proposing that products containing strychnine for control of ground 

squirrels do not meet current standards for environmental protection and, are therefore, proposed to be 

cancelled. 

Canada is a member of the Organization for Economic Co-operation and Development (OECD), which 

provides a forum in which governments work together to share experiences and seek solutions to common 

problems. Strychnine is currently registered for certain uses in other OECD member countries, including the 

United States and Australia, although registered uses do not include control of ground squirrels. As of 18 

April 2018, no decisions by an OECD member country to prohibit all uses of strychnine for health or 

environmental reasons have been identified. 

Environmental Issues: 

According to the EPA, acute toxicity to birds is assumed to be very high. Subacute dietary data indicate that 

strychnine ranges from slightly to highly toxic to avian species. Strychnine may pose a threat to birds who 

may be subject to repeated or continuous exposure from spills. 

Mammalian studies indicate that strychnine is very highly toxic to small mammals on both an acute oral 

basis and dietary basis. The signs of toxicity, including death, occur within one hour. Acute freshwater fish 

data reveal that strychnine ranges from moderately to highly toxic to freshwater fish. Aquatic invertebrate 

acute toxicity data indicate that strychnine is moderately toxic to aquatic invertebrates. 

The Crops Subcommittee determined that strychnine still does not meet the OFPA criteria and sees no 

reason to recommend removing it from its prohibited status on the National List. Additionally, there were 

few public comments, and none were in support of removing strychnine from the prohibited list. 

Subcommittee Vote: 

Motion to remove strychnine from §205.602 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: Jesse Buie 

Seconded by: Rick Greenwood 

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

NOSB Proposals and Discussion Documents October 2020 46 of 173