FORMAL RECOMMENDATION EXECUTIVE SUMMARY BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Chair: __Rigoberto Delgado _______ Final Vote Date: _ May 22, 2008 

Subject: Re-Affirmation of Recommendation for re-listing §205.601(a)(3) Copper sulfate, 

§205.601(a)(5) Ozone gas, §205.601(a)(6) Peracetic acid, §205.601(m)(2) EPA List 3 

inerts- for use in passive pheromone dispensers, and §205.602(c) Calcium chloride 

Type of Recommendation (Petitioned Materials should use Materials Recommendation Form):

 Sunset Material(s): ____X___ 

 Non-Material: _________ 

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: ___X__ 

Guidance Statement: ________ 

Other: ________ 

Summary Statement of the Recommendation (including Vote) and attach more complete narrative, 

and/or original committee narrative and recommendation, if sufficient:

The Board Re-affirms its recommendation made at it’s Fall 2007 Meeting for the continuation of the 

following materials: 

 §205.601(a)(3) Copper sulfate 

 §205.601(a)(5) Ozone gas 

 §205.601(a)(6) Peracetic acid 

 §205.601(m)(2) EPA List 3 inerts- for use in passive pheromone dispensers 

 §205.602(c) Calcium chloride 

NOSB Vote: 

Motion: Gerald Davis Second: Jeffrey Moyer 

Board vote: Yes - 13 No - 0 Abstain - 1 Absent- 1 Recuse - 0 

Summary Rationale Supporting Recommendation (cite consistency with OFPA and NOP) and attach 

with more complete narrative: 

The need for these materials continues and no organic substitutes are available at this time. 

At the November 2007 NOSB meeting, the full Board voted to recommend these materials for re-listing. 

An additional ANPR for the continued listing on The ANPR in December closed January 28, 2008 and 

elicited additional comments in favor of and none opposing the re-listing each of these materials.. 

Response by the NOP:
National Organic Standards Board 

National Organic Standards Board (NOSB) 

Crops Committee Recommendation 

Sunset Review of Materials on § 205.601 

April 3, 2008 

I. List: 

§205.601 Synthetic substances allowed for use in organic crop production 

§205.602 Nonsynthetic substances prohibited for use in organic crop production 

II. Committee Summary: 

Public notice of the sunset of the materials calcium chloride, copper sulfate, ozone, peracetic 

acid, and List 3 inerts used in passive pheromone dispensers was embedded in the Federal 

Register Notice of the November 2007 NOSB meeting. An additional ANPR for these materials 

due to Sunset in the Fall of 2008, was published on December 28, 2007. 

Review of the original TAP’s did not reveal unacceptable risks to the environment, human or 

animal health as a result of the use or manufacture of these materials. There is no new 

information contradicting the original TAP reviews which were the basis for the previous NOSB 

decisions to list these substances. 

The sunset process also requires public comment to support the continued listing of these 

materials in §205.601 or §205.602. In the eight weeks prior to the Board meeting, several 

comments were received requesting that these materials be re-listed and there had been no 

comments received opposing their continued use in organic crop production. At the November 

2007 NOSB meeting, the full Board voted to recommend these materials for re-listing. 

The ANPR in December closed January 28, 2008 and elicited additional comments in favor of 

and none opposing the re-listing each of these materials. 

III. Committee Recommendation(s): 

In response to the additional comments received after the November 2007 NOSB meeting and 

vote, the Committee re-affirms it’s recommendation of November 2007 for the re-listing of the 

following substances in these use categories as published in the final rule: 

§205.601(a)(3) Copper sulfate 

§205.601(a)(5) Ozone gas 

§205.601(a)(6) Peracetic acid 

§205.601(m)(2) EPA List 3 inerts- for use in passive pheromone dispensers 

§205.602(c) Calcium chloride 

Motion: GD Second: JM Yes: 5 No: 0 absent: 0 abstain: 1