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December 21, 2020

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

FROM: Jennifer Tucker, Ph.D.

Deputy Administrator

National Organic Program (NOP)

SUBJECT: Response to National Organic Standards Board Recommendations (Fall 2020 

Meeting)

Background

This memorandum responds to recommendations the National Organic Standards Board (NOSB) 

made to the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), 

National Organic Program (NOP) at its virtual meeting, which took place October 28-30, 2020. 

Summary of Recommendations and AMS Responses 

• Petitioned Substances

The NOSB recommended one amendment to the National List of Allowed and Prohibited 

Substances (National List) based on its review of a petition. The National List is a section of 

the USDA organic regulations that includes synthetic substances allowed in organic crop and 

livestock production, nonsynthetic substances prohibited in organic crop and livestock 

production, and non-organic substances allowed in organic handling.

Substance Section of Organic 

Regulations

NOSB Recommendation

Paper (Plant Pots and 

Other Crop Production 

Aids)

Crops 

§ 205.601

Returned to Crops Subcommittee. 

Sodium Carbonate 

Lignin

Crops

§ 205.601

Classified as synthetic; not 

recommended for addition to the 

National List.
Substance Section of Organic 

Regulations

NOSB Recommendation

Low-acyl Gellan Gum Handling

§ 205.605(b)

Classified as synthetic; 

recommended for addition to the 

National List.

Fenbendazole Livestock

§ 205.603

The NOSB did not recommend 

changes to the current listing.

AMS Response: AMS regularly publishes National List rules to implement NOSB 

recommendations. AMS plans to move forward with a proposed rule to address the NOSB’s 

recommendation for low-acyl gellan gum.

• Research Priorities 

The NOSB recommended that integrated research be initiated that consider the whole farm 

system, recognizing the interplay of agroecology, the surrounding environment, and both 

native and farmed species of plants and animals. Building upon the 2019 list of research 

priorities, the NOSB revised many previous research priorities and added three new proposed 

research priorities in 2020:

Crops: Evaluation of Microbial Inoculants, Soil Conditioners, and Other Amendments

Crops: Pathogen Prevention 

Crops: Climate Change

AMS Response: AMS is reviewing the NOSB’s recommendation and will share it with 

USDA research agencies as appropriate.

• Ion Exchange Filtration

The NOSB did not pass a recommendation related to the review of resins, membranes, and 

recharge materials used in ion exchange processes. 

AMS Response: Ion exchange filtration is a known source of inconsistency among certifiers.

NOSB work on this topic was prompted by that inconsistency, which remains in the absence 

of an NOSB recommendation. NOP will provide technical support to the NOSB for its

continued work on this topic, including outreach to the U.S. Food and Drug Administration.

In the meantime, certifiers may continue their ongoing practices. 

• Marine Macroalgae in Crop Fertility Inputs

The NOSB recommended that NOP amend the listing for Aquatic Plant Extracts at 

§ 205.601(j)(1) to include specific language stipulating prohibited harvest areas, prohibited 

harvest methods, and prohibited harvest practices in the interest of maintaining or improving 

native coastal ecosystems. Further, the recommendation proposes adding a listing to the 

prohibitions at § 205.602 reiterating that marine macroalgae is prohibited for use in crop 

production unless harvested according to the aforementioned standards.

AMS Response: AMS thanks the NOSB for all the work that went into this complex topic. 
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While the NOSB recommended amending the annotation for aquatic plant extracts, the 

public comments clearly conveyed that this action would be controversial. Therefore, NOP 

will focus on other rulemaking priorities at this time, including Origin of Livestock, 

Strengthening Organic Enforcement, and other items in this report.

• Wild, Native Fish for Liquid Fish Products

The NOSB recommended amending the listing for Liquid Fish Products at § 205.601(j)(8) to 

limit the fish source for these products to fish waste, bycatch, or invasive species. The NOSB 

also recommended adding definitions for “fish waste” and “bycatch” to § 205.2.

AMS Response: AMS is reviewing the NOSB’s recommendation to amend the annotation 

for liquid fish at § 205.601(j)(8) and addition of definitions to § 205.2 for rulemaking action.

• List 4 Resolution

The NOSB passed a resolution along with the recommendation to relist the references to 

EPA List 4 at § 205.601 and § 205.603. The resolution asks that the NOP (1) work with the 

NOSB to develop a viable alternative to EPA List 4 which would have minimal disruption on 

the organic industry, (2) provide ample time for reformulation of substances that do not meet 

the OFPA criteria for use in organic production, and (3) coordinate regularly with the NOSB 

on progress to develop an alternative to, and ultimately the removal of, the EPA List 4 

listing.

AMS Response: With the support of the NOSB, AMS plans to move forward with an 

Advanced Notice of Proposed Rulemaking (ANPR) to discuss the policy options for 

resolving the outdated EPA List 4 listing. AMS is proposing to place this ANPR on the 

Spring 2021 Regulatory Agenda and plans to have this as a leading priority for NOP. While 

rulemaking is in progress, AMS will relist EPA List 4 in order to provide consistency and 

certainty for the organic industry.

• Sunset Review - Recommendations for Removal 

The NOSB recommended that eleven substances be removed from the National List at 

§ 205.606. All substances are currently due to sunset on March 15, 2022, apart from Turkish 

Bay Leaves and Whey Protein Concentrate, which are due to sunset on June 27, 2022. For a 

full list of sunset dates, see NOP 5611 National List Sunset Dates.

Substance Section of 

Organic 

Regulations

NOSB Recommendation
Substance Section of 

Organic 

Regulations

NOSB Recommendation

Black Currant 

Color

Handling

§ 205.606

Recommended for removal from § 205.606(d)

Blueberry Juice 

Color

Handling

§ 205.606

Recommended for removal from § 205.606(d)

Carrot Juice Color Handling

§ 205.606

Recommended for removal from § 205.606(d)

Cherry Juice Color Handling

§ 205.606

Recommended for removal from § 205.606(d)

Grape Juice Color Handling

§ 205.606

Recommended for removal from § 205.606(d)

Paprika Color Handling

§ 205.606

Recommended for removal from § 205.606(d)

Turmeric Color Handling

§ 205.606

Recommended for removal from § 205.606(d)

Kelp Handling

§ 205.606

Recommended for removal from § 205.606

Sweet Potato 

Starch

Handling

§ 205.606

Recommended for removal from § 205.606

Bay Leaves Handling

§ 205.606

Recommended for removal from § 205.606

Whey Protein 

Concentrate

Handling

§ 205.606

Recommended for removal from § 205.606

AMS Response: AMS is reviewing the Board’s recommendations to remove the above 

substances from § 205.606 of the National List. The next step is for AMS to publish a 

proposed rule for public comment, which would inform any final action. 

• Sunset Review - Not Recommended for Removal. The NOSB completed its sunset review 

of the following substances (listed below). The Board did not recommend removing these 

substances from the National List.
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Substance National List Section Use

Soap-based algicides/demossers § 205.601(a)(7) Crops

Ammonium carbonate § 205.601(e)(1) Crops

Soaps, insecticidal § 205.601(e)(8) Crops

Vitamin D3 § 205.601(g) Crops

Aquatic plant extracts § 205.601(j)(1) Crops

Lignin sulfonate § 205.601(j)(4) Crops

Sodium silicate § 205.601(l) Crops

EPA List 4 – Inerts of minimal concern § 205.601(m)(1) Crops

Arsenic § 205.602(b) Crops

Strychnine § 205.602(i) Crops

Butorphanol § 205.603(a)(5) Livestock

Flunixin § 205.603(a)(12) Livestock

Magnesium hydroxide § 205.603(a)(18) Livestock

Poloxalene § 205.603(a)(26) Livestock

Formic acid § 205.603(b)(3) Livestock

EPA List 4 – Inerts of minimal concern § 205.603(e)(1) Livestock
Excipients § 205.603(f) Livestock

Strychnine § 205.604(a) Livestock

Kaolin § 205.605(a) Handling

Sodium bicarbonate § 205.605(a) Handling

Waxes – nonsynthetic (Wood resin) § 205.605(a) Handling

Ammonium Bicarbonate § 205.605(b) Handling

Ammonium carbonate § 205.605(b) Handling

Calcium phosphates (monobasic, 

dibasic, and tribasic)

§ 205.605(b) Handling

Ozone § 205.605(b) Handling

Carnauba wax § 205.606(a) Handling

Beet juice extract color § 205.606(d)(1) Handling

Beta-carotene extract color § 205.606(d)(2) Handling

Black/purple carrot juice color § 205.606(d)(4) Handling

Chokeberry, aronia juice color § 205.606(d)(8) Handling

Elderberry juice color § 205.606(d)(9) Handling

Grape skin extract color § 205.606(d)(11) Handling

Pumpkin juice color § 205.606(d)(13) Handling

Purple sweet potato juice color § 205.606(d)(14) Handling

Red cabbage extract color § 205.606(d)(15) Handling
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Red radish extract color § 205.606(d)(16) Handling

Saffron extract color § 205.606(d)(17) Handling

Glycerin § 205.606(g) Handling

Inulin-oligofructose enriched § 205.606(j) Handling

Orange shellac - unbleached § 205.606(o) Handling

Starches - Cornstarch § 205.606(s)(1) Handling

AMS response: AMS thanks the NOSB for its review of these substances due to sunset. The 

next step is for AMS to publish a Federal Register Notice relisting these materials. 

Summary

AMS acknowledges and sincerely appreciates the many hours NOSB provided in developing its 

recommendations. AMS supports NOSB’s vital role in representing the diversity of the organic 

community and ensuring organic integrity.

AMS thanks Steve Ela for his continued service as NOSB Chair and thanks Jesse Buie and Scott 

Rice for their service as part of the NOSB leadership team this past year.

AMS thanks five NOSB members whose terms end in January 2021: A-dae Briones, Jesse Buie, 

Emily Oakley, Scott Rice, and Dan Seitz. AMS also thanks Dave Mortensen, who departed after 

the conclusion of the Fall 2020 meeting, for his service to the board. The program appreciates the 

dedication and hard work and wishes the departing members well.