Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

 

Date: October 28, 2010 

Subject: Reaffirmation of April 2010 NOSB sunset recommendations 

Chair: Daniel G. Giacomini 

 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action 

Guidance Statement 

Other Reaffirm April 2010 NOSB Sunset Recommendations 

for Crops materials 

 

Statement of the Recommendation (Including Recount of Vote): 

 

At the Spring 2010 NOSB Meeting, the Crops Committee recommended, and 

the NOSB passed, a recommendation involving fifty-four (54) listings of Sunset 

materials on § 205.601 and seven (7) listings of Sunset materials on § 205.602 

(included below). The public comment period for the spring recommendations 

did not close until after the meeting was completed; therefore, the Crops 

Committee agreed to determine if any of those comments warranted a change 

in our recommendation. No evidence was presented to justify changing our 

recommendations, and therefore, in accordance with the current Sunset 

process rules, the Crops Committee recommends the vote stand. The NOSB 

reaffirmed the April 2010 vote with 14 yes votes and 0 no votes. 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

 Organic Foods Production Act of 1990 

NOSB Vote: 

Moved: Tina Ellor Second: Tracy Miedema 

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 2 of 12

National Organic Standards Board 

Crops Committee 

Reaffirmation of Spring 2010 Meeting Votes 

on Sunset 2012 Recommendation 

July 14, 2010 

Committee Summary 

At the Spring 2010 NOSB Meeting, the Crops Committee recommended, and the NOSB passed, a 

recommendation involving fifty-four (54) listings of Sunset materials on § 205.601 and seven (7) listings 

of Sunset materials on § 205.602 (included below). The public comment period for the spring 

recommendations did not close until after the meeting was completed; therefore, the Crops Committee 

agreed to determine if any of those comments warranted a change in our recommendation. No 

evidence was presented to justify changing our recommendations, and therefore, in accordance with 

the current Sunset process rules, the Crops Committee recommends the vote stands. 

Committee Recommendations

The Crops Committee recommends that the votes at the spring 2010 Meeting on Sunset 

Recommendations – 2012 stand as recorded. 

Committee Vote: 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

Tina Ellor, Chair 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(a) As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems. 

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 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. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 3 of 12

Committee Recommendation(s) 

The Crops Committee recommends the renewal of the following materials: 

(4) Hydrogen peroxide. 

(7) Soap-based algicide/demossers. 

The Crops Committee recommends deferring the vote on the following materials until updated 

technical information is obtained: 

(a) As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems. 

(1) Alcohols. 

(i) Ethanol. 

(ii) Isopropanol. 

(2) Chlorine materials— Except, That, residual chlorine levels in the water shall not 

exceed the maximum residual disinfectant limit under the Safe Drinking Water Act. 

(i) Calcium hypochlorite. 

(ii) Chlorine dioxide. 

(iii) Sodium hypochlorite. 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(b) As herbicides, weed barriers, as applicable. 

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 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. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 4 of 12

Committee Recommendation 

The Crops Committee recommends the renewal of the following materials in this use category: 

(1) Herbicides, soap-based—for use in farmstead maintenance (roadways, ditches, right 

of ways, building perimeters) and ornamental crops. 

Based on changes in coating and manufacturing technologies of paper and cardboard and 

plastic and the introduction into the market place of possible alternatives, the Crops Committee 

recommends deferring relisting decisions of the following until updated technical information is 

obtained: 

(2) Mulches. 

(i) Newspaper or other recycled paper, without glossy or colored inks. 

(ii) Plastic mulch and covers (petroleum-based other than polyvinyl chloride (PVC)). 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(c) As compost feedstocks—Newspapers or other recycled paper, without glossy or colored 

inks. 

Committee Summary and Recommendation 

Based on changes in coating and manufacturing technologies of paper and cardboard and the 

introduction into the market place of possible alternatives, the Crops Committee recommends 

deferring relisting decisions of the following until updated technical information is obtained: 

(c) As compost feedstocks—Newspapers or other recycled paper, without glossy or colored 

inks. 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(d) As animal repellents—Soaps, ammonium—for use as a large animal repellant only, no 

contact with soil or edible portion of crop. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 5 of 12

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 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. 

Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(d) As animal repellents—Soaps, ammonium—for use as a large animal repellant only, no 

contact with soil or edible portion of crop. 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(3) As insecticides (including acaricides or mite control). 

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. During committee discussions for the relisting of sulfur issues 

regarding the purity of sulfur used came up. At the May 2009 NOSB meeting, the Board 

recommended adding on farm generation of sulfurous acid to the National List using 99% 

purity elemental sulfur. The Crops Committee would like to see the same purity standard be 

extended to other sulfur use categories. In discussing Boric Acid, taking into consideration 

changes in the industry in terms of application technologies; the committee would like to see a 

change considered in the current annotation to read ‘in lures and baited traps only for 

structural pest control, not direct contact with organic food or crops. The committee would be 

interested inaddressing a petition to that effect and to public comment regarding this change. 

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. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 6 of 12

Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(1) Ammonium carbonate—for use as bait in insect traps only, no direct contact with 

crop or soil. 

(2) Boric acid—structural pest control, no direct contact with organic food or crops. 

(4) Elemental sulfur. 

(5) Lime sulfur—including calcium polysulfide. 

(6) Oils, horticultural—narrow range oils as dormant, suffocating, and summer oils. 

(7) Soaps, insecticidal. 

(8) Sticky traps/barriers. 

(9) Sucrose octanoate esters (CAS #s—42922–74–7; 58064–47–4)—in accordance 

with approved labeling. 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(f) As insect management. Pheromones. 

Committee Summary and Recommendation 

There are many more pheromone products on the market than when pheromones last 

received technical review. The crops committee recommends deferring voting on this material 

until updated technical information on delivery systems, all chemicals used; and manufacture, 

use, and disposal issues is obtained. 

(f) As insect management. Pheromones. 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 7 of 12

Category Use 

(g) As rodenticides. 

Committee Summary and Recommendation 

The committee recommends deferring a board vote on these materials until updated technical 

information is obtained: 

(1) Sulfur dioxide—underground rodent control only (smoke bombs). 

(2) Vitamin D3. 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(i) As plant disease control. 

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. During committee discussions for the relisting of 

sulfur issues regarding the purity of sulfur used came up. At the May 2009 NOSB meeting, the 

Board recommended adding on farm generation of sulfurous acid to the National List using 

99% purity elemental sulfur. The Crops Committee would like to see the same purity standard 

be extended to other sulfur use categories. 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. 

Committee Recommendation: The Crops Committee recommends the renewal of the 

following materials: 

(3) Hydrated lime. 

(4) Hydrogen peroxide. 

(5) Lime sulfur. 

(6) Oils, horticultural, narrow range oils as dormant, suffocating, and summer oils. 

(8) Potassium bicarbonate. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 8 of 12

(9) Elemental sulfur. 

The EPA has recently reviewed copper containing compounds and the Crops Committee 

wanted to review that information before further deliberating on the relisting of Fixed Coppers 

and Copper Sulfate. There have been advances in development of alternatives for antibiotic 

use in control of fire blight and the crops committee felt it necessary to have updated technical 

information on alternative treatments to Streptomycin before completing the review of this 

material for sunset. The committee recommends deferring board vote on the following 

materials until updated technical information can be obtained: 

(1) Coppers, fixed—copper hydroxide, copper oxide, copper oxychloride, includes 

products exempted from EPA tolerance, Provided, That, copper-based materials 

must be used in a manner that minimizes accumulation in the soil and shall not be 

used as herbicides. 

(2) Copper sulfate—Substance must be used in a manner that minimizes accumulation 

of copper in the soil. 

(10) Streptomycin, for fire blight control in apples and pears only. 

Motion: Jeff Moyer Second: Kevin Engelbert 

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

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(j) As plant or soil amendments. 

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. During committee discussions for the relisting of sulfur issues 

regarding the purity of sulfur used came up. At the May 2009 NOSB meeting, the Board 

recommended adding on farm generation of sulfurous acid to the National List using 99% 

purity elemental sulfur. The Crops Committee would like to see the same purity standard be 

extended to other sulfur use categories. In discussing micronutrients, taking into consideration 

their large use, the committee would like to see the adoption of an annotation to ensure full 

assessments and analysis to establish the specific need for these materials, with attention to 

the site's existing soil fertility program, natural fertilization practices, and alternative 

nonsynthetic materials. 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 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 9 of 12

April 2010 NOSB meeting. Public comments subsequent to this recommendation will be taken 

into consideration for the final board vote. 

Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(1) Aquatic plant extracts (other than hydrolyzed)—Extraction process is limited to the 

use of potassium hydroxide or sodium hydroxide; solvent amount used is limited to 

that amount necessary for extraction. 

(2) Elemental sulfur. 

(3) Humic acids—naturally occurring deposits, water and alkali extracts only. 

(6) Micronutrients—not to be used as a defoliant, herbicide, or desiccant. Those made 

from nitrates or chlorides are not allowed. Soil deficiency must be documented by 

testing. 

(i) Soluble boron products. 

(ii) Sulfates, carbonates, oxides, or silicates of zinc, copper, iron, manganese, 

molybdenum, selenium, and cobalt. 

(7) Liquid fish products—can be pH adjusted with sulfuric, citric or phosphoric acid. The 

amount of acid used shall not exceed the minimum needed to lower the pH to 3.5. 

(8) Vitamins, B1, C, and E. 

The Crops Committee recommends deferring voting on the following materials pending 

updated technical information: 

(4) Lignin sulfonate—chelating agent, dust suppressant, floatation agent. 

(5) Magnesium sulfate—allowed with a documented soil deficiency. 

Motion: Jeff Moyer Second: Kevin Engelbert 

Yes: 6; No: 0 Absent: 1 Abstain: 0 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 10 of 12

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(k) As plant growth regulators. Ethylene gas—for regulation of pineapple flowering. 

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 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. 

Committee Recommendation 

The Crops Committee recommends the deferral of the following materials pending updated 

technical review on alternatives: 

(k) As plant growth regulators. Ethylene gas—for regulation of pineapple flowering. 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(l) As floating agents in postharvest handling. 

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 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. There was a lot of discussion about these 

materials during the last sunset cycle and the current Crops Committee felt that updated 

technical information on use, alternatives, and disposal issues would be helpful in informing 

the decision whether to relist these materials. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 11 of 12

(1) Lignin sulfonate. 

(2) Sodium silicate—for tree fruit and fiber processing. 

List: § 205.601 Synthetic substances allowed for use in organic crop production. 

Category Use 

(m) As synthetic inert ingredients as classified by the Environmental Protection Agency 

(EPA), for use with nonsynthetic substances or synthetic substances listed in this section 

and used as an active pesticide ingredient in accordance with any limitations on the use 

of such substances. 

Committee Summary 

The NOP currently maintains an outdated classification listing for inerts used in pesticides 

under the old EPA list 4 and list 3 classifications. As of 2006 this EPA classification no longer 

exists and has been replaced by the new EPA classification lists 40CFR 180. The NOP issued 

the following statement on September 6, 2007 documenting the position of the program 

regarding the changes made by EPA to their List 3 and 4 inerts 

The National Organic Program (NOP) regulations currently allow inert ingredients which 

appear on the Environmental Protection Agency (EPA) List 4A – Minimal Risk Inert Ingredients 

and List 4B – Other ingredients for which EPA has sufficient information to reasonably 

conclude that the current use pattern in pesticide products will not adversely affect the public 

health or the environment – as ingredients in pesticides allowed in organic production 

operations. These lists were maintained and managed by EPA. 

EPA has been reassessing exemptions from tolerances for inert ingredients in pesticide 

products to ensure that they meet the safety standard established by the Food Quality 

Protection Act (FQPA). FQPA requires the reassessment of inert ingredient tolerances and 

tolerance exemptions that were in place prior to August 3, 1996. EPA completed their 

reassessments in 2006. 

Committee Recommendation 

Pending further guidance development by the this committee specifically in a document before 

the board at the April 2010 meeting titled ‘Guidance Recommendation on Inerts in Pesticides 

Allowed for use in Organic Agriculture’, the Board, and the NOP, the Crops Committee 

recommends deferring this material. 

(1) EPA List 4—Inerts of Minimal Concern. 
Reaffirmation of Spring 2010 Meeting Votes on 

Sunset 2012 Recommendation 

July 14, 2010

Page 12 of 12

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

Category Use 

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

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. 

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). 

Based on the controversial nature of Sodium Nitrate and the lack of international 

harmonization of standards regarding this material, the committee recommends deferring the 

following pending more up to date technical information: 

(g) Sodium nitrate—unless use is restricted to no more than 20% of the crop's total nitrogen 

requirement; use in spirulina production is unrestricted until October 21, 2005. 

Motion: Jeff Moyer Second: Kevin Engelbert 

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