Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: December 2, 2011

Subject: Chlorine annotation change on National List §205.605

Chair: Tracy Miedema

 

The NOSB hereby recommends to the NOP the following: Rulemaking Action

Statement of the Recommendation (Including Recount of Vote): 

List on § 205.605 Nonagricultural (nonorganic) substances allowed as ingredients 

in or on processed products labeled as “organic” or “made with organic (specified 

ingredients or food group(s)).” (b) Synthetics allowed--Chlorine materials as 

follows:

Chlorine materials (calcium hypochlorite, chlorine dioxide, and sodium 

hypochlorite) for disinfecting and sanitizing food contact surfaces, equipment and 

facilities may be used up to maximum labeled rates.

Chlorine materials in water used in direct crop or food contact is permitted at 

levels approved by the FDA or EPA for such purpose, provided the use is followed 

by a rinse with potable water at or below the maximum residual disinfectant limit 

for the chlorine material under the Safe Drinking Water Act. 

Chlorine in water used as an ingredient in organic food handling must not exceed 

the maximum residual disinfectant limit for the chlorine material under the Safe 

Drinking Water Act.

Was passed by a vote of 13 yes and 1 no.

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

In December 2010, the NOP issued draft guidance clarifying the use restrictions of 

chlorine materials in organic production and handling (the background of which is 

provided again within this recommendation). On review and consideration of this 

draft guidance, informed by public comment and review of a new TR provided by 

the NOP (supplied for Crops Committee sunset review), and with respect to the 

change in NOSB Policy and Procedures Manual, the Handling Committee wishes 

to recommend a change to the annotation to chlorine materials as noted below.

NOSB Vote:

Moved: John Foster Second: Steve DeMuri

Yes: 13 No: 1 Abstain: 0 Absent: 0 Recusal: 0
National Organic Standards Board

Handling Committee 

Proposed Recommendation

Chlorine Materials

December 2, 2011

List: § 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in 

or on processed products labeled as “organic” or “made with organic (specified 

ingredients or food group(s)).”

(b) Synthetics allowed--Chlorine materials.

Committee Summary

Chlorine is a member of the salt-forming halogen series, combines readily with many 

other elements, and is extracted from chlorides through oxidation often by electrolysis. 

With metals, it forms salts called chlorides. As the chloride ion, Cl−

, it is also the most 

abundant dissolved ion in ocean water. In nature, chlorine is found primarily as the 

chloride ion, a component of the salt that is deposited in the earth or dissolved in the 

oceans — about 1.9% of the mass of seawater is chloride ions and is not infrequently 

found in higher natural concentrations as well. In industry, elemental chlorine is usually 

produced by the electrolysis of sodium chloride dissolved in water.

Chlorine compounds are the most common equipment and food contact sanitizers used 

in the food processing and handling and are recognized by the FDA as being 

appropriate for their intended use. The health and environmental hazards associated 

with its manufacture and use are well researched and are mitigated through worker 

protection protocols, Good Manufacturing Practices, and oversight by local, state and 

federal agencies. The food processing community, pre-NOP certification programs, and 

past NOSB decisions have determined that—coupled with these mitigating features—

the proven efficacy and reliability of these chlorine materials in support of food safety 

concerns outweighs the risks. 

The annotations limiting the use of chlorine in §205.601(a) (2), §205.603(a)(7), and 

§205.605(b), do not align with a November 1995 NOSB recommendation on chlorine 

materials. This recommendation stated that chlorine materials should be allowed for use 

in organic crop production, organic food processing, and organic livestock production 

with the following annotation: 

“Allowed for disinfecting and sanitizing food contact surfaces. Residual 

chlorine levels for wash water in direct crop or food contact and in flush 

water from cleaning irrigation systems that is applied to crops or fields 

cannot exceed the maximum residual disinfectant limit under the Safe 

Drinking Water Act (currently 4mg/L expressed as Cl2).” 
Page 2 of 3

Annotation Recommendation Chlorine Materials

December 2, 2011

This annotation was crafted to acknowledge that levels of chlorine permitted in 

municipal drinking water were considered acceptable for organic food production and 

handling. The language used in the proposed NOP rule published in March 2000 did not 

include the terms “in direct crop or food contact” and “in flush water ... that is applied to 

crops or fields.” The language used under §205.605 (handling uses) only mentions use 

in disinfecting food contact surfaces, leading some handlers to question whether 

chlorine could be used in direct food contact. The NOP responded in the preamble of 

the final rule (65 FR 80548, 80616, December 21, 2000) which stated that the use of the 

term “residual chlorine” referred to the chlorine that was present in water when it exited 

the facility as effluent. 

The NOSB revisited the issue through a May 2003 recommendation. At that time, the 

NOSB noted that “residual chlorine” is a scientific term used when measuring chlorine. 

Residual chlorine (also called free or available chlorine) is the chlorine that remains 

available in solution after the disinfection step is complete, when the initial added 

chlorine material has been reduced by reaction, bound to the organic matter, or 

evaporated. The residual chlorine is what is still available to oxidize other substances. 

Residual chlorine is the fraction of available chlorine in solution derived from the 

disinfectant source. When calcium hypochlorite or sodium hypochlorite is used, the 

proper measure for residual chlorine is the sum of the concentrations of hypochlorous 

acid (HOCl) and hypochlorite ion (OCl-). For chlorine dioxide (ClO2), all unreacted 

chlorine is considered to be free chlorine. Another frequently used term is total chlorine, 

which is a measurement of the free plus inactive forms. 

In 2003, the NOSB stated: “The Organic Foods Production Act is not designed to 

function as a waste water regulation. Instead, it is a regulation designed to protect 

organic integrity. As such, processing operations must demonstrate compliance with the 

chlorine annotation by monitoring the chlorine content of the water which is in direct 

contact with organic products, not the wash water which is discharged from the facility.”

In December 2010, the NOP issued draft guidance clarifying the use restrictions of 

chlorine materials in organic production and handling (the background of which is 

provided again within this recommendation). On review and consideration of this draft 

guidance, informed by public comment and review of a new TR provided by the NOP 

(supplied for Crops Committee sunset review), and with respect to the change in NOSB 

Policy and Procedures Manual, the Handling Committee wishes to recommend a 

change to the annotation to chlorine materials as noted below.

During the course of the Fall 2011 NOSB meeting, the Handling Committee met to 

make a minor modification ending the second section of the recommended language to 

be more consistent with the Program Guidance and general practice, while also 

reducing confusion expressed during public comment periods. 

Additionally, the Handling Committee would like to note that other chlorine compounds, 

such as hypochlorous acid, may be appropriate materials to add to the annotation upon 

appropriate review, recommendation and Board vote.
Page 3 of 3

Annotation Recommendation Chlorine Materials

December 2, 2011

Committee Recommendation

The Handling Committee recommends the annotation of the following substance as 

follows: 

Chlorine:

§ 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on 

processed products labeled as “organic” or “made with organic (specified ingredients or 

food group(s)).” 

(b) Synthetics allowed--Chlorine materials 

Chlorine materials (calcium hypochlorite, chlorine dioxide, and sodium hypochlorite) for 

disinfecting and sanitizing food contact surfaces, equipment and facilities may be used 

up to maximum labeled rates.

Chlorine materials in water used in direct crop or food contact is permitted at levels 

approved by the FDA or EPA for such purpose, provided the use is followed by a rinse 

with potable water at or below the maximum residual disinfectant limit for the chlorine 

material under the Safe Drinking Water Act. 

Chlorine in water used as an ingredient in organic food handling must not exceed the 

maximum residual disinfectant limit for the chlorine material under the Safe Drinking 

Water Act.

Committee Vote

Motion: John Foster Second: Tracy Miedema

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