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February 22, 2023 

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 2022 Meeting) 

Background 

This memorandum responds to recommendations from the National Organic Standards Board 

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

National Organic Program (NOP). Recommendations were made at the NOSB biannual meeting, 

which took place in Sacramento, California October 25-27, 2022. The memo also provides an 

update on NOP’s current and upcoming regulatory priorities. 

Summary of Recommendations and AMS Responses

• Petitioned Substances

The National List is the section of the USDA organic regulations that includes synthetic 

substances allowed in organic crop and livestock production, nonsynthetic (natural) 

substances prohibited in organic crop and livestock production, and non-organic substances 

allowed in organic handling. The NOSB reviewed four petitions to the National List of 

Allowed and Prohibited Substances (National List); of these four, only one passed, resulting 

in one recommendation to amend the National List.

Substance Section of Organic 

Regulations

NOSB Recommendation

Carbon dioxide Crops

§ 205.601 

Classified as synthetic; 

recommended for addition to the 

National List.

Potassium hydroxide Crops

§ 205.601 

Classified as synthetic; the NOSB 

did not recommend adding this 

substance to the National List. 
Substance Section of Organic 

Regulations

NOSB Recommendation

Peroxylactic acid Handling

§ 205.605 

Classified as synthetic; the NOSB 

did not recommend adding this 

substance to the National List.

Phosphoric acid Handling

§ 205.605 

Classified as synthetic; the NOSB 

did not recommend adding this 

substance to the National List.

AMS Response: AMS thanks the NOSB for their continued diligent work considering 

petitions. AMS plans to implement the NOSB recommendation to list Carbon Dioxide on the 

National List. AMS will begin rulemaking after the NOSB completes its work on the related 

Carbon Dioxide agenda item, scheduled for a vote in Spring 2023. 

• Organic Livestock and Poultry Standards Resolution

The NOSB passed a resolution expressing support for USDA to quickly complete the 

Organic Livestock and Poultry Standards rule. The NOSB stated this rule would help 

strengthen organic animal health and welfare standards, protect communities and the 

environment, improve consistency, better meet consumer expectations, and address market 

failures.

AMS Response: AMS thanks the NOSB for the resolution. The Organic Livestock and 

Poultry Standards Proposed Rule comment period ended on November 10, 2022. NOP is 

currently reviewing those comments and preparing a final rule. 

• Human Capital: NOSB Technical Support

The NOSB recommended that NOP source technical support for the Board. The 

recommendation states that the support should come from within USDA but outside of 

AMS/NOP. These support staff could conduct literature reviews, review technical reports, 

prepare summaries of public comments, and draft language for proposals and 

recommendations. 

AMS Response: AMS thanks the NOSB for their work on this topic. NOP will explore 

opportunities to initiate this project.

• Oversight Improvements to Deter Fraud: Acreage Reporting

The NOSB recommended that NOP require certifiers to list a certified operation’s acreage on 

their organic certificate. The reported acres would include both total acres and harvested 

acres by crop type. This would allow interested parties (e.g., purchasers, auditors) to compare 

purchased or produced quantities against predicted yields for the acreage. This comparison 

could reveal fraudulent representation of nonorganic crop as organic.

AMS Response: AMS thanks the NOSB for their work on oversight improvement and fraud 

prevention. We are currently evaluating the policy question of whether to report total 

certified acreage on each operation’s public organic certificate once the Strengthening 

Organic Enforcement (SOE) final rule is implemented. We currently do not plan to make 
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farm data at the commodity (crop) level public for several reasons, including, in particular, 

the business proprietary nature of the data. Aggregated data that is currently available in the 

Organic Integrity Database will remain available to public, and is expected to become more 

complete as certifiers increase data reporting under SOE. 

• Ion Exchange Technology – Recharge Materials

The NOSB recommended that recharge materials used in the ion exchange process must be 

on the National List, as these substances become part of the organic product. The NOSB is 

still considering whether the resins that hold these charged substances need to be on National 

List.

AMS Response: AMS thanks the NOSB for their continued work on ion exchange. NOP is 

reviewing the recommendation and will await the conclusion of the NOSB’s work on ion 

exchange resins before we determine how to best address this topic. 

• 2022 Research Priorities

The NOSB recommended initiating integrated research that considers 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 2021 list of research priorities, the 

NOSB revised research priorities and added several new research priorities in 2022: 

Regionally Adapted Livestock Rations: Develop livestock rations that incorporate 

regionally adapted grain crops. 

Food Packaging: Explore the effects of various types of food packaging on organic 

products, including alternatives to bisphenol-A (BPA).

Ancillary Substances: Create an overarching ancillary ingredient review process for 

materials used in processing. 

Celery Powder Alternatives: Research alternatives to conventional celery powder for 

curing organic meat. 

Heavy Metal Contamination: Research best practices for identifying potential sources of 

heavy metal contamination in organic systems. 

Substances for Processing and Handling: Evaluate if substances on the National List for

organic processing and handling are essential and identify suitable organic alternatives. 

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

USDA research agencies.

• 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; as such, they are to be relisted. 
Substance National List Section Use

Herbicides, soap-based § 205.601(b)(1) Crops

Biodegradable biobased mulch film § 205.601(b)(2)(iii) Crops

Boric acid § 205.601(e)(3) Crops

Sticky traps/barriers § 205.601(e)(9) Crops

Elemental sulfur § 205.601(h)(2) Crops

Coppers, fixed § 205.601(i)(2) Crops

Copper sulfate § 205.601(i)(3) Crops

Polyoxin D zinc salt § 205.601(i)(11) Crops

Humic acids § 205.601(j)(3) Crops

Soluble boron products § 205.601(j)(7)(i) Crops

Sulfates, carbonates, oxides, or silicates 

of zinc, copper, iron, manganese, 

molybdenum, selenium, and cobalt

§ 205.601(j)(7)(ii) Crops

Vitamins, C and E § 205.601(j)(9) Crops

Squid byproducts § 205.601(j)(10) Crops

Lead salts § 205.602(d) Crops

Tobacco dust § 205.602(j) Crops

Chlorhexidine (CAS #55-56-1) § 205.603(a)(9) Livestock

Glucose § 205.603(a)(13) Livestock

Tolazoline (CAS #59-98-3) § 205.603(a)(29) Livestock

Copper sulfate § 205.603(b)(1) Livestock

Elemental sulfur § 205.603(b)(2) Livestock

Lidocaine § 205.603(b)(5) Livestock

Attapulgite § 205.605(a) Handling

Bentonite § 205.605(a) Handling

Diatomaceous earth § 205.605(a) Handling

Magnesium chloride § 205.605(a) Handling

Nitrogen § 205.605(a) Handling
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Sodium carbonate § 205.605(a) Handling

Acidified sodium chlorite § 205.605(b) Handling

Carbon dioxide § 205.605(b) Handling

Sodium phosphates § 205.605(b) Handling

Casings, from processed intestines § 205.606(b) Handling

Pectin (non-amidated forms only) § 205.606(o) Handling

Potassium acid tartrate § 205.606(p) Handling

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

will prepare a Federal Register Notice to renew (i.e., relist) these materials on the National List 

for five additional years. 

NOP Regulatory Priorities Summary

NOP has continued to advance key rulemaking actions. Since the Spring 2022 NOSB Meeting, 

NOP has published four rules: 

• Organic Livestock and Poultry Standards (OLPS) proposed rule 

• Inert Ingredients in Pesticides for Organic Production advanced notice of proposed 

rulemaking (ANPR) 

• Final rule to implement the NOSB’s recommendations to add paper pots and low-acyl 

gellan gum to the National List

• Strengthening Organic Enforcement (SOE) final rule 

NOP’s current regulatory priorities for 2023 include: 

• Analyzing public comments and drafting the Organic Livestock and Poultry Standards 

(OLPS) final rule. The public comment period closed on November 11, 2022. 

• Developing external-facing communications and training materials related to 

implementation of the Strengthening Organic Enforcement (SOE) final rule. 

• Continuing work on a proposed rule to address the NOSB’s Fall 2021 and Spring 2022 

Recommendations related to nitrogen fertilizers in crop production. 

• Analyzing public comments received on the Inert Ingredients in Pesticides for Organic 

Production ANPR and determining next steps (comment period closes December 31, 

2022). 

• Drafting a proposed rule to create organic standards for mushrooms and pet food. 
In addition to these rules, the NOP Standards staff is researching and discussing the following 

topics raised by the community at the March 2022 Listening Session: 

• Use of Organic Seeds. Many commenters raised concerns that organic seeds are not being 

adequately sourced by producers. NOP Standards staff are researching options to promote 

more organic seed use. 

• Containers/Hydroponics: This topic was voiced as a high priority for many stakeholders, 

who note that inconsistent certification and enforcement has caused confusion among the 

certifier and producer communities. Now that the litigation related to this topic has 

closed, AMS is discussing possible next steps for a work agenda item for the Board to 

advance work in this area. 

• NOP Program Handbook: Some commenters noted that parts of the Program Handbook 

require updates. NOP Standards staff is reviewing the Handbook to identify which 

sections require updates, including documents that may overlap or conflict with new 

regulations in the SOE final rule. NOP is prioritizing work on proposed and final rules in 

the near term, but may direct resources to the Handbook in the longer term to keep this 

resource current and relevant. 

Other rules currently listed on the Office of Management and Budget (OMB) Unified Regulatory 

Agenda are apiculture and aquaculture (long-term action). The NOP does not currently have a 

timeline for initiating these rules. 

NOP appreciates the organic community’s call for more regular and formal updates about its 

regulatory priorities from the Program. NOP plans to continue keeping the community updated 

in four key ways: 

• Regular program updates to NOSB recorded before and/or presented during meetings and 

posted in the Organic Integrity Learning Center. 

• Regular Memos to the Board (such as this one) after each Board meeting, which are 

posted on the NOP web site. 

• Regular updates to the existing NOSB Recommendations Library on the AMS website, 

with explanations of changes where appropriate. 

• The OMB Unified Regulatory Agenda, issued twice a year, lists rules that the 

Administration plans to advance. 

NOP thanks the community, the Board, and stakeholders for their valuable input into our work 

and priorities, and we look forward to our continued collaboration to develop new standards and 

protect the integrity of the organic seal. 

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 Under Secretary Jenny Lester Moffitt, Under Secretary Christine Birdsong, and 

Brise Tencer for presenting at the NOSB meeting. AMS also thanks four previous NOSB 
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members, Steve Ela, Scott Rice, Jessie Buie, and Asa Bradman, for participating in a questionand-answer session with current members. Finally, AMS thanks Nate Powell-Palm for his 

continued service as NOSB Chair and thanks Mindee Jeffery and Kyla Smith for their service as 

part of the NOSB leadership team.

AMS thanks Rick Greenwood, whose term ended in January 2023, for his service to the Board. 

The program appreciates his dedication and hard work and wishes him well. AMS also wishes 

Liz Graznak much success, as she leaves the Board to focus on her farm and meet the demands 

of her rapidly-growing business.