FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: April 29, 2010 

Subject: Sunset Review of National List Materials prohibited for use in Crop production on 

205.602. 

Chair: Daniel G. Giacomini 

 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: X 

Guidance Statement: 

 Other: X 

Summary Statement of the Recommendation (including Recount of Vote): The NOSB voted 14 in 

favor and none opposed with one member absent to relist 7 materials on 205.602 Nonsynthetic substances 

prohibited for use in organic crop production. 

NOSB Vote: Motion: Tina Ellor Second: Tracy Miedema 

Board vote: Yes - 14 No- 0 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and NOP): 

Please see the Crops Committee recommendation attached below. There were no public comments 

opposed to this recommendation. 

Response by the NOP:
National Organic Standards Board (NOSB) 

Crops Committee Recommendation 

2012 Sunset Recommendations for Crops § 205.602 

for the April 2010 Meeting 

March 3, 2010 

The following are recommendations regarding the 2012 sunset materials that the crops 

committee felt there was sufficient information available for them to make recommendations. 

Any materials not addressed in or deferred in this recommendation have been deferred until the 

next business meeting of the NOSB. Please refer to the posted spreadsheet for each 

committee for additional clarity on the 2012 sunset materials. The spreadsheet summarizes the 

materials being addressed at this meeting, and those being deferred until the next meeting. 

I. List: § 205.602 Nonsynthetic substances prohibited for use in organic crop 

production. 

II. Category Use: 

The following nonsynthetic substances may not be used in organic crop production: 

III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical information in 

the form of TR’s, past committee and board recommendations, prior public testimony and 

comment, transcripts of past NOSB board meetings, and prior committee deliberations to 

make this recommendation. The consensus of this committee was that we could find no 

compelling evidence that taking these materials off of the prohibited list would be 

beneficial for organic production or viewed at all favorably by organic consumers. The 

Federal Register notice of the sunset of these materials has not been posted as of the final 

deadline for committee review to be included on the agenda of the April 2010 NOSB 

meeting. Public comments subsequent to this recommendation will be taken into 

consideration for the final board vote. 

IV. Committee Recommendation 

The committee recommends renewal of the following materials:

(a) Ash from manure burning. 

(b) Arsenic. 

(d) Lead salts. 

(e) Potassium chloride—unless derived from a mined source and applied in a manner 

that minimizes chloride accumulation in the soil. 

(f) Sodium fluoaluminate (mined). 

(h) Strychnine. 

(i) Tobacco dust (nicotine sulfate). 

Moved: Barry Flamm; Seconded: Jeff Moyer 

Vote: Yes: 6; No: 0; Absent: 1; Recuse: 0 

Respectfully submitted, 

Tina Ellor 

Crops Committee Chair