Sunset 2022

Meeting 1 - Request for Public Comment 

Handling Substances §§205.605(a), 205.605(b), 205.606

April 2020

Introduction

As part of the Sunset Process, the National Organic Program (NOP) announces substances on the 

National List of Allowed and Prohibited Substances (National List) that are coming up for sunset review 

by the National Organic Standard Board (NOSB). The following list announces substances that are on the 

National List for use in organic handling that must be reviewed by the NOSB and renewed by the USDA 

before their sunset dates. This document provides the substance’s current status on the National List, 

use description, references to past technical reports, past NOSB actions, and regulatory history, as 

applicable. If a new technical report has been requested for a substance, this is noted in this list. To see 

if any new technical report is available, please check for updates under the substance name in the 

Petitioned Substances Database. 

Request for Comments

While the NOSB will not complete its review and any recommendations on these substances until the 

Fall 2020 public meeting, the NOP is requesting that the public provide comments about these 

substances to the NOSB as part of the Spring 2020 public meeting. Comments should be provided via 

Regulations.gov at www.regulations.gov by April 3, 2020 as explained in the meeting notice published in 

the Federal Register. 

These comments are necessary to guide the NOSB’s review of each substance against the criteria in the 

Organic Foods Production Act (7 U.S.C. 6518(m)) and the USDA organic regulations (7 CFR 205.600). The 

current substances on the National List were originally recommended by the NOSB based on evidence 

available to the NOSB at the time of their last review, which demonstrated that the substances were 

found to be: (1) not harmful to human health or the environment, (2) necessary because of the 

unavailability of wholly nonsynthetic alternatives, and (3) consistent and compatible with organic 

practices. 

Public comments should focus on providing new information about a substance since its last NOSB 

review. Such information could include research or data that may support a change in the NOSB’s 

determination for a substance. Public comment should also address the continuing need for a substance 

or whether the substance is no longer needed or in demand.

Guidance on Submitting Your Comments

Comments should clearly indicate your position on the allowance or prohibition of substances on the list 

and explain the reasons for your position. You should include relevant information and data to support 

your position (e.g., scientific, environmental, manufacturing, industry impact information, etc.). 

For Comments That Support Substances Under Review:

If you provide comments in support of an allowance of a substance on the National List, you should 

provide information demonstrating that the substance is: 

(1) not harmful to human health or the environment;

(2) necessary to the production of the agricultural products because of the unavailability of wholly 

nonsynthetic substitute products; and 

(3) consistent with organic handling. 

NOSB April 2020 proposals and discussion documents Page 51 of 115
For Comments That Do Not Support Substances Under Review: 

If you provide comments that do not support a substance on the National List, you should provide 

reasons why the use of the substance should no longer be allowed in organic production or handling. 

Specifically, comments that support the removal of a substance from the National List should provide 

new information since its last NOSB review to demonstrate that the substance is: 

(1) harmful to human health or the environment; 

(2) unnecessary because of the availability of alternatives; and 

(3) inconsistent with handling. 

For Comments Addressing the Availability of Alternatives: 

Comments may present information about the viability of alternatives for a substance under sunset 

review. Viable alternatives include, but are not limited to:

• Alternative management practices that would eliminate the need for the specific substance; 

• Other currently exempted substances that are on the National List, which could eliminate the 

need for this specific substance; and

• Other organic or nonorganic agricultural substances. 

Your comments should address whether any alternatives have a function and effect equivalent to or 

better than the allowed substance, and whether you want the substance to be allowed or removed from 

the National List. Assertions about alternative substances, except for those alternatives that already 

appear on the National List, should, if possible, include the name and address of the manufacturer of the 

alternative. Further, your comments should include a copy or the specific source of any supportive 

literature, which could include product or practice descriptions; performance and test data; reference 

standards; names and addresses of producers or handlers who have used the alternative under similar 

conditions and the date of use; and an itemized comparison of the function and effect of the proposed 

alternative(s) with substance under review. 

For Comments on Nonorganic Agricultural Substances at Section 205.606.

For nonorganic agricultural substances on section 205.606, the NOSB Handling Subcommittee requests 

current industry information regarding availability of and history of unavailability of an organic form of 

the substance in the appropriate form, quality, or quantity of the substance. The NOSB Handling 

Subcommittee would like to know if there is a change in supply of organic forms of the substance or 

demand for the substance (i.e. is an allowance for the nonorganic form still needed), as well as any new 

information about alternative substances that the NOSB did not previously consider.

Written public comments will be accepted through April 3, 2020 via www.regulations.gov. Comments 

received after that date may not be reviewed by the NOSB before the meeting. 

NOSB April 2020 proposals and discussion documents Page 52 of 115
Sunset 2022

Meeting 1 - Request for Public Comment 

Handling Substances §§205.605(a), 205.605(b), 205.606

April 2020

Reference: 7 CFR 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)).’’

§205.605(a) Nonsynthetics allowed:

Kaolin

Sodium bicarbonate

Waxes (Wood resin)

§205.605(b) Synthetics allowed:

Ammonium bicarbonate

Ammonium carbonate

Calcium phosphates: monobasic, dibasic, tribasic

Ozone

Sodium hydroxide

Reference: 7 CFR §205.606 Nonorganically produced agricultural products allowed as ingredients in or 

on processed products labeled as “organic.”

Carnauba Wax 

Colors (18)

Glycerin 606

Inulin-oligofructose enriched

Kelp

Orange Shellac - unbleached

Starches: Cornstarch (native) 

Starches: Sweet potato starch for bean thread production only. 

Turkish bay leaves

Whey protein concentrate

NOSB April 2020 proposals and discussion documents Page 53 of 115
Kaolin

Reference: 205.605(a)

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Filtering of organic juices, and for personal care products 

Manufacture:

Kaolin is a soft white clay consisting principally of the mineral kaolinite. 

International: 

Allowed by Canadian Standards, CODEX, European Economic Community (EEC), Japan Agricultural 

Standards (JAS), and International Federation of Organic Agriculture Movements (IFOAM). 

Ancillary Substances: 

Unknown 

Discussion: 

There is no technical report (TR) or technical advisory panel report (TAP) available for this material. 

Public comment from the 2015 sunset review was limited to a trade association representing the juice 

industry, a certifier, and a manufacturer who stated that Kaolin was essential for filtering organic juices. 

No new information was brought forward in terms of harm to human health or the environment. 

Additional information requested by Subcommittee: 

1. Is this material essential to organic production? 

2. Are there possible alternative materials? 

Sodium bicarbonate

Reference: 205.605(a) 

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

NOSB April 2020 proposals and discussion documents Page 54 of 115
Background from Subcommittee: 

Use: 

Sodium carbonates are used as raising (leavening) agents in food processing. Sodium bicarbonate 

(baking soda) is a common compound in baking powder; helps to regulate acidity for things like tomato 

soup, or in pastes and beverages. It can be used as an anti-caking agent or as a stabilizer helping to 

maintain the appearance and consistency of foods. Sodium bicarbonate is often used in pancakes, 

biscuits, muffins, crackers, and in cookies. It often is used in self-rising flour and confections. It may also 

be used as a neutralizer for use in butter, cream, and ice cream. 

Manufacture:

Sodium bicarbonate (baking soda) – its main source is from natural deposits of trona ore. It can also 

come from natural brine found in Searles Lake, California. Trona ore (sodium sesquicarbonate) is heated 

and then mixed with water to dissolve the soda ash and separate out the impurities. Then it is allowed 

to evaporate to crystallization. Carbon dioxide is added to the kiln gas to a saturated pure sodium 

carbonate solution, the sodium bicarbonate then precipitates out. 

International Acceptance:

Sodium bicarbonate is approved for use in the following organic standards: 

Canadian General Standards Board Permitted Substances List: allowed

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labelling and Marketing of 

Organically Produced Foods (GL 32-1999): not specifically mentioned but sodium sesquicarbonate is 

allowed

European Economic Community (EEC) Council Regulation, EC No. 834/2007 and 889/2008: may be 

grouped under “sodium carbonates” and if so is allowed

Japan Agricultural Standard (JAS) for Organic Production: Limited to be used for confectionary, sugar, 

processed bean foods, noodles and bread, beverages, vegetable products, processed fruits or for dairy 

products as neutralizing substance. 

International Federation of Organic Agriculture Movements (IFOAM): may be grouped with “sodium 

carbonates” and if so is allowed

Environmental Issues:

Since sodium bicarbonate is derived from sodium sesquicarbonate, a mined material, and the usual 

environmental issues of mining would be present. However, no major issues have been raised in past 

reviews.

Discussion:

The original Technical Advisory Panel Report (TAP) combined the two sodium carbonates (sodium 

carbonate and sodium bicarbonate) for their preliminary review. The original TAP, previous 

Subcommittee reviews, public comments, historical information, and current review indicate no 

environmental concerns. Likewise, there were no human health concerns raised during the original TAP 

review or during the following sunset reviews. Previous public commenters have noted that sodium 

bicarbonate is a primary component of baking powder and is still widely used in a variety of baked 

goods, and that it is an essential leavening agent.

NOSB April 2020 proposals and discussion documents Page 55 of 115
Additional information or questions requested by Subcommittee:

Is there any new information related to environmental concerns, human health, or use that would cause 

this substance to be considered for delisting?

Waxes (Wood rosin) (sic. resin)

Reference: (a) Nonsynthetics allowed: Waxes—nonsynthetic (Carnauba wax; and Wood resin).

Technical Report: 1996 TAP; 2014 TR - Wood Rosin 

Petition(s): N/A

Past NOSB Actions: NOSB minutes and vote 09/1996; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation: 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Uses: 

According to the 2014 TR, wood rosin is used in organic processing and handling primarily as a 

component of fruit wax, most commonly applied to citrus fruit. 

At the most basic level, wood rosin, when formulated as part of a fruit wax, reduces the gas exchange 

between the surface of the fruit and the atmosphere, which in turn reduces the respiration rate and 

resulting weight loss. The reduced gas exchange is considered to happen in two different ways: the wax 

forms a physical barrier that the gas must permeate, and the coating also fills openings in the fruit peel 

(Hagenmaier and Baker 1993). Hagenmeier and Baker (1993) found that some factors such as thickness 

of coating, and the waxiness vs. resinous qualities of the coating, also affect the action of fruit waxes. 

For example, coating thickness is as important as type of coating for resistance to water vapor. Wood 

rosin, when formulated with carnauba wax at differing percentages, only offers limited resistance to 

water vapor unless carnauba wax consists of approximately 90% of the formula (Hagenmaeier and Baker 

1994) (2014 TR, Lines 120-128). 

Manufacture:

Wood chips are passed through a series of extractors where each batch of new chips is extracted with 

several portions of solvent in succession. Each portion of solvent is used on several different batches of 

chips. This is a counter-current process where fresh solvent is used on the final extraction of the wood 

chips, and then it is successively used on the chips that receive one, two or three more extractions. 

Thus, the oldest solvent is used on the freshest wood chips. After the wood chips have received the final 

solvent extraction wash, the solvent is drained, and the chips are pressure-steamed to recover any 

residual solvent. The solvent from the terpene oil-rosin solutions leaving the extractors is recovered by 

vacuum-distillation separation and reused for subsequent extraction processes. The resulting terpene 

oils are separated by fractional distillation into refined terpentine, dipentene, and pine oil. The 

remaining residue is the non-volatile extract and is considered to be crude wood rosin (not food grade). 

The crude wood rosin is further refined and purified by a liquid fractionation process. It is placed into 

refining towers where a proprietary polar solvent (Merck 2013) is used to extract the darker 

NOSB April 2020 proposals and discussion documents Page 56 of 115
components. According to the EPA Toxic Release Inventory (2013), methanol is the likely solvent used in 

this process step. The solvent is evaporated off, recovered and reused. The resulting lighter wood rosin 

is called Vinsol and the remaining, darker grade (Grade K) wood rosin is that which is considered ‘food 

grade’ and permitted as an ingredient in citrus fruit waxes (Merck 2013). The manufacturing process 

may only differ by the solvents used, but this is the only known method for manufacturing wood rosin. 

No chemical changes occur during the extraction and refinement of wood rosin. (2014 TR, Lines 230-

248)

International:

Allowed under the Canadian Organic Standards 

Ancillary substances: 

Raw wood rosin is sold directly to further formulators of fruit wax and other products without any 

additional ingredients such as stabilizers or preservatives (Pinova 2013) (2014 TR, lines 141-142)

Discussion:

According to the 2014 TR, wood rosin is erroneously listed at 205.605(a) as “wood resin”. FDA 

regulations clearly permit and define only wood rosin and do not define or permit wood resin as a direct 

or indirect food additive. Wood resin is the raw material produced by coniferous trees prior to 

distillation of any terpene, tall oil, and other components. 

In terms of harm to the environment, wood rosin is derived from two pine species including Longleaf 

pine which is categorized as endangered by the IUCN Red List of Threatened Species (2013). While wood 

rosin is considered a by-product of the timber industry (derived from the remaining tree stumps) the 

conversion of farmland for timber use has contributed to the decline of Longleaf pine which due to its 

slow growth cannot economically compete with other pine species for replanting. 

The solvent extraction of wood rosin from the wood chips has potential to negatively affect human 

health. Although the specific solvents used by Pinova, Inc. are proprietary, the EPA Toxic Release 

Inventory (2013) suggests that methyl isobutyl ketone (MIBK) is the likely solvent used for the initial 

extraction, and methanol for the further refinement. According to the EPA (2003), human studies of 

acute inhalation exposures to MIBK indicated “transient sensory irritation, neurological effects, and/or 

strong odor sensation during exposure”. Another study showed some nose and throat irritation at an 

exposure rate of 100-200 mg/m3. A study by the National Institute for Occupational Safety and Health 

on the other hand did not find any changes in neurological or irritation systems after a 2-hour exposure 

to MIBK at 100ppm (EPA 2003). For the second extraction step, methanol is considered to be 

environmentally preferable to other solvents of similar properties (Capello, Fischer and Hungerbuhler 

2007). However, workers repeatedly exposed to methanol have experienced headaches, sleep 

disorders, gastrointestinal problems and optic nerve damage. Exposure to large amounts of methanol 

can result in death or severe abdominal, leg and back pain (EPA 1994). No information is available on the 

carcinogenic, reproductive, and developmental effects of methanol in humans, but birth defects have 

been observed in the offspring of rats and mice exposed to methanol by inhalation (EPA 2000) (TR 2014, 

Lines 393-414)

Additional information requested by subcommittee: 

1. Is this material essential to organic production? 

2. Are there possible alternative materials? 

NOSB April 2020 proposals and discussion documents Page 57 of 115
Ammonium bicarbonate

Reference: 205.605(b) - for use only as a leavening agent

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Ammonium carbonates are used as leavening agents, and may be used in baking where yeast is not 

used. Ammonium bicarbonate has critical functionality as a raising (leavening) agent in certain cookies 

and crackers. Compared to baking soda it produces more gas and in the finished baked goods, 

ammonium bicarbonate completely decomposes into water and gaseous products that evaporate during 

the baking process. It does not leave behind the salty or soapy taste that sodium bicarbonate may leave 

when used at higher concentrations. Since ammonium bicarbonate completely breaks down in heat it 

has no effect on the pH of the baked product. Ammonium bicarbonate cannot be used for moist baked 

goods since if there is more than 5% moisture in the baked good, the ammonia gas will dissolve in the 

water and give an ammoniacal flavor to the baked good. Ammonium carbonate may also help provide 

certain characteristic textures (such as in crackers), as well as aids in controlling cookie spread.

Since this is the only leavening agent (ammonium carbonates) that is completely eliminated through the 

baking process, there are no organic alternatives to replace ammonium bicarbonate. 

Manufacture: 

Ammonium carbonates are made from ammonia and carbon dioxide. Ammonium bicarbonate is made 

when carbon dioxide is bubbled through an ammonia solution. Crystals of ammonium bicarbonate 

precipitate from this saturated solution. It is a component of what was formerly known as sal volatile 

and salt of hartshorn. The ammonium carbonates are considered Generally Regarded as Safe (GRAS) by 

the FDA.

International Acceptance: 

Ammonium bicarbonate is approved for use in the following organic standards: 

Canadian General Standards Board Permitted Substances List: Allowed as a leavening agent

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labelling and Marketing of 

Organically Produced Foods (GL 32-1999): Not specifically mentioned but “ammonium carbonates” are 

allowed for food of plant origin

European Economic Community (EEC) Council Regulation, EC No. 834/2007 and 889/2008: May be 

grouped under “ammonium carbonates” and if so is allowed for food of plant origin

Japan Agricultural Standard (JAS) for Organic Production: Limited to be used for processed foods of plant 

origin

NOSB April 2020 proposals and discussion documents Page 58 of 115
International Federation of Organic Agriculture Movements (IFOAM): May be grouped with “ammonium 

carbonates” and if so is allowed only for cereal products, confectionary, cakes and biscuits

Environmental Issues: 

The original TAP, previous subcommittee reviews, public comments, and historical information indicated 

no environmental concerns. Ammonium bicarbonate can be an irritant to the skin, eyes, and respiratory 

system. There may be short term health effects after exposure and long term exposure may cause lung 

damage. 

Discussion: 

The original TAP combined the two ammonium carbonates (ammonium carbonate and ammonium 

bicarbonate) for their preliminary review. These two substances have been reviewed together during 

their subsequent two sunset reviews. The original TAP, previous subcommittee reviews, public 

comments, and historical information indicated no environmental concerns. Likewise, there were no 

human health concerns raised during the original TAP review or during the following sunset reviews. 

Previous public commenters have noted that this material is still critical for organic food processing, 

especially for baking crackers and similar baked goods. 

Additional information or questions requested by Subcommittee:

1. Is there any new information related to environmental concerns, human health, or use that would 

cause this substance to be considered for delisting?

2. Are there any other organic uses that, in the future, should be considered for listing beyond the 

annotation for leavening?

Ammonium carbonate

Reference: 205.605(b) –for use only as a leavening agent

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Ammonium carbonates are used as leavening agents. Ammonium carbonate is used as a raising 

(leavening) agent for flat baked goods, such as cookies and crackers. It is often referred to as “Bakers 

Ammonia” in cooking recipes and by chefs. Ammonium carbonate is also used to make breadsticks, 

cookies, and crackers because it helps to make them both lighter and crispier. It is also used in many 

traditional Greek cooking recipes. Ammonium carbonates are heat activated, so baked goods will not 

rise until whatever is being baked actually goes into the oven, thus helping with food preparation and 

time requirements. This is the only leavening agent (ammonium carbonates) that is completely 

NOSB April 2020 proposals and discussion documents Page 59 of 115
eliminated through the baking process. There are no organic alternatives to replace ammonium 

carbonates. 

Manufacture: 

Ammonium carbonates are made from ammonia and carbon dioxide. Ammonium carbonate is made 

when carbon dioxide is passed through an ammonia solution and by then allowing the vapors to distill, 

thus the resulting solid is ammonium carbonate. It is a component of what was formerly known as sal 

volatile and salt of hartshorn. Ammonium carbonates are considered Generally Regarded as Safe (GRAS) 

by the FDA.

International Acceptance: 

Ammonium carbonate is approved for use in the following organic standards: 

Canadian General Standards Board Permitted Substances List: allowed as a leavening agent

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labelling and 

Marketing of Organically Produced Foods (GL 32-1999): allowed for food of plant origin

European Economic Community (EEC) Council Regulation, EC No. 834/2007 and 889/2008: 

allowed for food of plant origin

Japan Agricultural Standard (JAS) for Organic Production: Limited to be used for processed foods 

of plant origin

International Federation of Organic Agriculture Movements (IFOAM): allowed only for cereal 

products, confectionary, cakes and biscuits

Environmental Issues: 

The original TAP, previous subcommittee reviews, public comments, and historical information indicated 

no environmental concerns. Ammonium carbonate can be an irritant to the skin, eyes and respiratory 

system. There may be short term health effects after exposure and long term exposure may cause lung 

damage. 

Discussion: 

The original TAP combined the two ammonium carbonates (ammonium carbonate and ammonium 

bicarbonate) for their preliminary review. These two substances have been reviewed together during 

their subsequent two sunset reviews. The original TAP, previous subcommittee review, public 

comments, and historical information indicated few environmental concerns. Likewise, there were no 

human health concerns raised during the original TAP review or during the following sunset reviews. 

Previous public commenters have noted that this material is still critical for organic food processing, 

especially for baking crackers and similar baked goods. 

Additional information or questions requested by Subcommittee:

1. Is there any new information related to environmental concerns, human health or use that 

would cause this substance to be considered for delisting?

2. Are there any other organic uses that, in the future, should be considered for listing beyond the 

annotation for leavening?

NOSB April 2020 proposals and discussion documents Page 60 of 115
Calcium phosphates (monobasic, dibasic, and tribasic)

Reference: 205.605(b)

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Calcium phosphates are used as raising (leavening) agents and used as a critical component in baking 

powder (aluminum free). All three of the calcium phosphates are used as leavening agents: dough 

conditioner, yeast food, or as an expanding agent. Monobasic and dibasic calcium phosphate are often 

used for reduced sodium baking. Monobasic is also a buffer, firming agent, sequestering agent, and is 

popular in pancake mixes. It is the commonly used acid along with sodium bicarbonate used to make 

baking powder. It is also used in baked goods, such as cookies, cakes, and potato chips, and as a firming 

agent for canned fruits and vegetables. Dibasic is used in enriched flour, noodle products, and in both 

dry and cooked forms of breakfast cereals. It is often used as a dough conditioner. It also can be used as 

a thickening agent for various cheese products. Tribasic is an anti-caking agent, buffering agent. It also 

provides a very critical function as a free flow aid in finely powdered salt used in baking. Additionally, it 

is used as a food source for yeast in bread making, as an anti-caking agent in dry powders, such as in 

spices, and as a thickener, stabilizer and sequestering agent for some dairy products. Calcium is derived 

from either mined limestone or from oyster shells. 

Manufacture: 

Calcium and phosphorus are sourced from limestone and phosphate rock, respectively. The food grade 

phosphates are formed by reacting purified phosphoric acid with sodium, potassium, or calcium 

hydroxides (TR 2016 43-44).

International: 

Calcium phosphates are allowed for use in Canada, IFOAM and JAS. 

Discussion: 

All phosphates were reviewed in 2016. public commenters noted concern with the use of phosphates in 

production of processed foods and that phosphorus may not appear on the nutritional panel making it 

difficult to be informed, although phosphates would appear on the ingredient list. In particular there 

were concerns about the cumulative health impacts of phosphorous additives in food and in 2015 the 

NOSB requested a technical review and work agenda item to study this issue further. Concerns were 

based on peer reviewed research indicating that the cumulative effects of phosphates as a group 

contributed to renal damage and failure, osteoporosis and heart failure. A brief literature review shows 

clinical research from 2010 (Journal of Kidney Disease: April 2010 4(2):89-100), and 2013 (Sim et al, 

American Journal of Medicine, January 2013) suggesting potential serious renal impacts in subjects with 

normal renal function, from cumulative phosphorus. A daily limit of 70 mg/kg/day was recommended in 

one study. Populations are at risk for bone health, and kidney failure were especially impacted. In 2016 

the NOSB Handling Subcommittee published a discussion document on the cumulative health impacts of 

phosphates and the NOSB decided to address phosphates individually during sunset reviews. Sodium 

phosphate was reviewed in 2017 and the NOSB came to the following conclusion:

NOSB April 2020 proposals and discussion documents Page 61 of 115
No single phosphate food additive or ingredient can be implicated as an isolated risk factor. 

Concerns arise from the increase in cumulative use of phosphates and possible health effects on 

the general population. Given the new information and research since last Sunset Review, the 

Handling Subcommittee requested a new Technical Report (TR) which it received in 2016. The 

TR indicates that small amounts of sodium phosphates may not cause human health problems, 

but long-term cumulative impacts are not fully understood.

Additional information or questions requested by Subcommittee:

Is calcium phosphate still in use and in what applications?

Ozone

Reference: 205.605(b)

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 

sunset recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Ozone is a powerful oxidant with many industrial and consumer applications related to oxidation. 

Ozone, which has approximately 150% of the oxidizing potential of chlorine, is used as an equipment 

and food disinfectant and in post-harvest treatment for produce to retard spoilage in cold storage or in 

wash water. It is effective and environmentally benign substance used to reduce and control 

microorganisms for food safety purposes.

Manufacture: 

Ozone, or trioxygen, is an inorganic molecule with the chemical formula O3. It is a pale blue gas with a 

distinctively pungent smell. It is an allotrope of oxygen that is much less stable than the diatomic 

allotrope O2, breaking down in the lower atmosphere to O2 (dioxygen). Ozone's odor is reminiscent of 

chlorine, and detectable by many people at concentrations of as little as 0.1 ppm in air.

Ozone is an unstable gas in the air and even more so in water. Because of this, it must be produced 

onsite. To do so, typically an oxygen supply is fed to a carona discharge system which uses ambient air 

to produce ozonated water that is used as a liquid disinfectant. 

International: 

Canadian General Standards Board Permitted Substances List

Included as an ingredient classified as a food additive, and as a processing aid, as a food-grade cleaner, 

disinfectant and sanitizer.

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labelling and Marketing of 

Organically Produced Foods (GL 32-1999)

NOSB April 2020 proposals and discussion documents Page 62 of 115
While section 5 outlines criteria for the inclusion of substances, the guidelines do not include a 

permitted substance list.

European Economic Community (EEC) Council Regulation, EC No. 834/2007 and 889/2008

The regulation does not specifically address the use of ozone.

Japan Agricultural Standard (JAS) for Organic Production

The standard limits ozone uses to processed foods of plant origin, animal intestine disinfection, or as egg 

cleansing.

International Federation of Organic Agriculture Movements (IFOAM) Norms for Organic Production and 

Processing

The norms allow ozone as an equipment cleanser and disinfectant.

Ancillary Substances: 

N/A

Environmental Issues and Human Health Impacts: 

According to the EPA, ozone exposure in the air we breathe can be harmful to human health and the 

environment. However, the application of ozone directly into water as a disinfectant minimizes this 

exposure. Once introduced into water, ozone decomposes into elemental oxygen in a brief amount of 

time. Exposure to atmospheric ozone generated from on-site production can be minimized through 

equipment maintenance.

Discussion: 

The most recent Technical Advisory Panel report (TAP) dates to 1995 and does not include the degree of 

detail of more recent Technical Reports (TR). The Subcommittee suggests that NOP contract an updated 

ozone TR in advance of the next sunset review.

Additional information or questions requested by Subcommittee:

Are there any commercially available alternatives to ozone that warrant its removal from the National 

List?

Sodium hydroxide

Reference: 205.605(b) - prohibited for use in lye peeling of fruits and vegetables.

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use:

Sodium hydroxide is a highly caustic substance, used as a processing aid in cocoa manufacture, as a 

NOSB April 2020 proposals and discussion documents Page 63 of 115
caustic bath for pretzels that makes the pretzel surface smooth and helps it to develop brown color 

during baking and for removing bitterness from olives. It is also used as an alkali to peel fruits and 

vegetables, but this use is specifically prohibited in organic foods by an annotation. Sodium hydroxide is 

used to manufacture soaps, oral care products and detergents, and can be used as an ingredient in food 

preservatives to prevent the growth of mold and bacteria. Soda ash (NaCO3), Magnesium Oxide (MgO) 

or Sodium Hydroxide can be used in the production of sugar to increase the pH and alkalinity of the 

sugar cane juice. It is highly soluble in water.

Manufacture:

Sodium hydroxide is derived from saltwater brine, and manufactured by the electrolysis of this salt brine 

solution. During the electrolysis process, the water (H20) is reduced to a hydrogen gas (H) and a 

hydroxide ion (OH). The hydroxide ion bonds with the sodium to form sodium hydroxide (NaOH). 

Chlorine is also produced during this process.

International Acceptance:

Sodium Hydroxide is listed on the Canadian General Standards Board Permitted Substances List as an 

approved food additive. It is approved for use in the CODEX Alimentarius Commission, Guidelines for the 

Production, Processing, Labeling and Marketing of Organically Produced Foods (GL 32-1999) for bakery 

wares within the food category. It is approved on the European Economic Community (EEC) Council 

Regulation, EC No. 834/2007 and 889/2008 for the production of sugar, for the production of rape seed 

and for the surface treatment on pretzels and pretzel breads. It is not listed in the Japan Agricultural 

Standard (JAS) for Organic Production. It is listed as approved by International Federation of Organic 

Agriculture Movements (IFOAM) for sugar processing and the surface treatment of traditional bakery 

products. IFOAM also has sodium hydroxide on its list of allowed cleansers and disinfectants, with the 

annotation that an intervening event or action must occur after this type of use, to eliminate risks of 

contamination.

Ancillary Substances:

It does not appear there are any ancillary substances associated with this material.

Environmental Issues:

Must be handled by personnel according to manufacturer guidelines because of caustic nature. 

Concentration of sodium hydroxide is routinely monitored in pretzel production to verify complete 

conversion to sodium bicarbonate during baking. The EPA allows sodium hydroxide for use in treating 

sewage systems to control tree roots, and as a fungicide and algicide on water well casings. Effluent 

containing sodium hydroxide is not to be discharged into lakes, streams and other public waters without 

a NPDES (National Pollutant Discharge Elimination System) permit. Well water casing treatment would 

result in minimal exposure of birds, mammals and other organisms. The EPA states that current product 

labeling helps to protect wildlife from undue exposure to sodium hydroxide.

Discussion:

The TR states there are no alternatives which provide the desired browning properties of pretzels. 

Baking soda can be used, but is not sufficiently alkaline enough to result in distinctive crust and flavor. 

Certain varieties of olives rely on sodium hydroxide to remove bitterness, as salt or water curing does 

not result in an acceptable product. Potassium carbonate, potassium bicarbonate, sodium carbonate, 

sodium bicarbonate, ammonium carbonate, ammonium bicarbonate, ammonium hydroxide, 

magnesium carbonate and magnesium oxide, as well as sodium hydroxide can be used to alkalize cocoa, 

with each type of alkalizing agent resulting in different flavors and functional attributes. The label claim 

“processed with alkali” is used when these alkalis are used in cocoa production. It appears sodium 

hydroxide is the only alkali in use when an alkali is needed in sugar processing.

NOSB April 2020 proposals and discussion documents Page 64 of 115
Additional information or questions requested by Subcommittee:

1. Is this product still needed in the processing of organic products?

2. Are there any nonsynthetic alternatives to this material with the same functionality?

Waxes (Carnauba)

Reference: 205.606 Waxes – nonsynthetic (Carnauba wax; and Wood resin).

Technical Report: 1996 TAP; 2014 TR - Carnauba Wax

Petition(s): N/A 

Past NOSB Actions: NOSB minutes and vote 09/1996; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Used as a component in fresh fruit coatings, as a candy coating, and as component of an edible coating 

for nuts. Other uses include as a base for chewing gum and in soft drinks. It can also be used as a 

processing aid as a releasing agent and in defoamers. It’s Generally Regarded as Safe (GRAS) listing 

doesn’t provide any limitations on its use as an ingredient in food. 

When formulated as part of a fruit coating, carnauba wax functions to reduce gas exchange between the 

surface of the fruit and the atmosphere, thereby reducing the respiration rate and weight loss of the 

fruit. It also has antifungal properties beyond the creation of a gas barrier. 

Manufacture:

The production of carnauba wax begins with leaves cut from the carnauba palm tree during Brazil’s dry 

season. They are dried in the sun and then beat or scraped until the wax falls off as a fine powder. The 

wax is collected and then either melted via steam or a solvent. The wax is then cooled and filtered via a 

filter press or through filter cloth, and then cooled and dried. The wax may also be clarified by 

centrifugation or with hydrogen peroxide. 

International: 

Allowed by Canadian Standards, CODEX, European Economic Community (EEC), Japan Agricultural 

Standards (JAS), and International Federation of Organic Agriculture Movements (IFOAM). 

Ancillary substances: 

According to the 2014 TR, raw carnauba is sold to formulators without any additional ingredients such as 

stabilizers or preservatives. While formulations containing carnauba as the only wax are available, it is 

more common to combine it with other waxes and coasting materials, such as beeswax, candelilla wax, 

wood rosin, or shellac. 

Discussion: 

Carnauba wax was originally listed at §205.605(a) of the National List. In October 2015 the NOSB passed 

a recommendation to reclassify the substance as agricultural and move to §205.606. 

NOSB April 2020 proposals and discussion documents Page 65 of 115
The 2014 TR did not find the manufacture or use of carnauba wax to be harmful to the environment or 

human health. 

Unlike other fruit coating materials like orange shellac and wood rosin, carnauba wax is available 

organically. There are 19 listings in the USDA’s Organic Integrity Database. 

Additional information requested by subcommittee: 

1. Since this material is available organically, does it need to remain on the National List? 

2. Are there barriers to obtaining organic carnauba wax in the needed form or quantity? 

Colors - Beet juice extract color, Black Currant juice color, Black/Purple Carrot Juice color, 

Blueberry Juice color, Carrot Juice color, Cherry Juice color, Chokeberry/Aronia Juice color, 

Elderberry Juice color, Grape Juice color, Grape Skin Extract color, Paprika color, Pumpkin 

Juice color, Purple Potato juice color, Red Cabbage Extract color, Red radish Extract color, 

Saffron Extract color, Turmeric Extract color

Reference: 205.606(d) Colors derived from agricultural products - Must not be produced using synthetic 

solvents and carrier systems or any artificial preservative

 

(1) Beet juice extract color (pigment CAS #7659-95-2)

(2) Beta carotene extract color 

(3) Black currant juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 

134-04-3)

(4) Black/Purple carrot juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-

7, and 134-04-3)

(5) Blueberry juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 

134-04-3)

(6) Carrot juice color (pigment CAS #1393-63-1)

(7) Cherry juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134- 

 04-3)

(8) Chokeberry—Aronia juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-

7, and 134-04-3)

(9) Elderberry juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 

134-04-3)

(10) Grape juice color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-

04-3)

(11) Grape skin extract color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, 

and 134-04-3)

(12) Paprika color (CAS #68917-78-2)—dried, and oil extracted

 (13) Pumpkin juice color (pigment CAS #127-40-2)

(14) Purple potato juice (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 

 134- 04-3)

(15) Red cabbage extract color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, 

NOSB April 2020 proposals and discussion documents Page 66 of 115
 and 134-04-3)

(16) Red radish extract color (pigment CAS #'s: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 

 134-04-3 

(17) Saffron extract color (pigment CAS #1393-63-1).

(18) Turmeric extract color (CAS #458-37-7)

Technical Report: 2015 TR - Colors (all)

Petition(s): 2007 Petition

Past NOSB Actions: 04/2007 NOSB recommendation; 10/2010 NOSB sunset recommendation; 10/2015 

sunset recommendation

Recent Regulatory Background: Added to NL effective 06/21/07 (72 FR 35137); Sunset renewal notice 

published 06/06/12 (77 FR 33290); Sunset renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date (All except beta carotene): 3/15/2022

Sunset Date: Beta carotene extract color: 5/29/2023

Background from Subcommittee: 

Use: 

Colors are added to food products to enhance the attractiveness of the food, to assure uniformity of color, 

to add back color lost during processing, to intensify existing colors. (TR 12-25)

Manufacture: 

Colors can be produced via a number of production methodologies that vary by individual crop and pigment. 

While most sources have common agricultural crop names, those used for color extraction are often specific 

varieties that are grown in specific geographical regions using specific production techniques to produce the 

specific pigments for coloring purposes. Since these items are listed on the agricultural lists – processing is 

restricted to physical or biological means. The most common types of extraction will be water extraction, 

milling, pressing, drying, distillation, enzyme treatment, ethanol extraction, or oil extraction. The annotation 

prohibits the use of synthetic solvents, carrier systems and artificial preservatives. 

International: 

Colors are allowed on the Canadian, Codex and EU lists but are not listed on the Japanese (JAS) or IFOAM 

lists.

Discussion: 

It should be noted that §205.600(b)(4), which states “The substance's primary use is not as a preservative 

or to recreate or improve flavors, colors, textures, or nutritive value lost during processing, except where 

the replacement of nutrients is required by law,” is only applicable to synthetic substances used as a 

processing aid or adjuvant per §205.600(b). Citing this section is not a reason to delist colors as they are 

only listed as agricultural, nor are they considered a processing aid or adjuvant. 

During the Fall 2015 NOSB sunset review the NOSB ultimately supported relisting all colors. However, the 

initial Subcommittee review, as well as a statement from the lead reviewer recommended removing all 

colors but beet, black currant, black/purple carrot, cherry, pumpkin, red cabbage and turmeric juices. The 

lack of complete information about availability and whether some were available in powder form was a 

factor in the Board’s decision to relist. The Board noted the emerging presence of certified organic colors 

and recommended future NOSBs do not renew colors in whole on §205.606. Because of differences in 

supply of the various colors it is important to review each color individually rather than lumping them as a 

group. It is also worth noting that since these colors are on §205.606 they are currently subject to 

commercial availability of organic forms. 

NOSB April 2020 proposals and discussion documents Page 67 of 115
Additional information or questions requested by Subcommittee:

1. Why types of organic products are currently using each color listed, and are powdered or liquid 

forms used?

2. Going color by color, have you been able to source organic forms of each color - if not, what has 

been the barrier?

3. Manufactures of colors: What colors can be readily produced organically today? For those that 

cannot, what are the barriers?

4. On a color by color basis, are both powdered and liquid forms of each color available organically if 

both forms are needed by processors?

5. Which colors are not available in sufficient organic quality or quantity and should be relisted?

Glycerin

Reference: 205.606 - produced by hydrolysis of fats and oils. 

Technical Report: 1995 TAP; 2013 TR

Petition(s): 1995 N/A, Glycerin (2012 Petition to remove)

Past NOSB Actions: 10/1995 NOSB minutes and vote; 11/2005 sunset recommendation; 10/2010 sunset 

recommendation; 10/2015 sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset renewal 

notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use:

Glycerin is used in food as a binder, humectant, solvent, and carrier. It is widely used in natural flavors. It 

is used in alcohol free applications as an alternative to ethanol (as a carrier or solvent). It is also used in 

cosmetic and personal care products as a emollient, carrier, lubricant and filler. It has a neutral to sweet 

taste. (TR 24-25)

Manufacture:

Glycerin can be manufactured from a variety of sources using a variety of means. Glycerin exists in nature 

as part of triglycerides as a backbone glycerin molecule with three fatty acid chains. The product must 

undergo processing to break the fatty acids from the glycerin. The processing of glycerin will determine if 

it is agricultural or non-agricultural and the organic certification status of the raw materials, processing 

plant, and compliance with the national list would determine if the product could be organic or not. It 

should be noted that it is possible to produce an organic non-agricultural form of glycerin. Common 

practices are high pressure hydrolysis (considered agricultural), saponification (considered synthetic but 

possible to be certified organic if origin materials are organic and the caustic material is on the national 

list), methyl esterification (product of biodiesel, considered synthetic), and fermentation of carbohydrates, 

(considered agricultural, but uncommon). Common feedstocks to produce glycerin are palm oil, Soy oil, 

tallow, canola oil and rapeseed oil. Fermented glycerin is produced from carbohydrates with the common 

source being corn. When produced from a fat, the glycerin yield is generally 1:10 glycerin to fatty acid. 

NOSB April 2020 proposals and discussion documents Page 68 of 115
International:

Glycerin is allowed in the EU (from vegetable sources), Canada (From hydrolysis of fats and oils) and 

CODEX. It is not on the Japanese (JAS) or IFOAM lists. 

 

Discussion:

In 2012 the NOSB received a petition to remove Glycerin from §205.605(b) and reclassify it as agricultural, 

and move its listing to §205.606. The petitioner stated as follows: “....An important reason that glycerin 

produced by hydrolysis of fats and oils should have been included at §205.606 is that items listed at 

§205.606 are subject to the restriction that they can be used “only when the product is not commercially 

available in organic form.” Certified organic glycerin is currently available, but there is no “commercial 

availability” requirement to incentivize processors to use it or certifiers to require it. Consequently, 

glycerin should be removed from the National List in order to encourage organic agricultural production.” 

....

This matter was discussed at length by the NOSB and received considerable public comment over a period 

of two years, including presentation at the NOSB meetings in Spring and Fall 2014 and Spring of 2015.

The NOSB proposal dated October 21, 2014, included the following:

“....Because of the confusion around classification of glycerin (depending upon the manufacturing methods 

and source material), and the concerns regarding commercial availability of organically produced glycerin, 

the Handling Subcommittee, after significant discussion, is proposing the listing of glycerin at §205.606 

and removal of glycerin from §205.605(b). ...”

In April 2015 the NOSB voted to remove Glycerin –produced by hydrolysis of fats and oils- from 205.605(b)

In December 2018 the NOP finalized rule making on the NOSB recommendation, moving Glycerin form 

205.605(b) to 205.606 and changing the annotation to read “produced from agricultural source materials 

and processed using biological or mechanical/physical methods as described under § 205.270(a)”

Additional information or questions requested by Subcommittee:

1. What are the barriers to sourcing organic glycerin?

2. Glycerin is often labeled as 99% pure. What is the 1%? Are ancillary substances present in glycerin? If 

so, what are they?

Inulin-oligofructose enriched 

Reference: 205.606 Inulin-oligofructose enriched (CAS # 9005-80-5)

Technical Report: 2015 TR 

Petition(s): 2007 Petition

Past NOSB Actions: 04/2007 recommendation; 2010 NOSB sunset recommendation; 10/2015 sunset 

recommendation 

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset renewal 

notice published 07/06/17 (82 FR 31241)

Sunset Date: 6/27/2022

Background from Subcommittee: 

NOSB April 2020 proposals and discussion documents Page 69 of 115
Use: 

Inulin-oligofructose enriched (IOE) is on the National List as a nonorganically produced agricultural 

products allowed as ingredients in or on processed products labeled as “organic.” IOE is a non-digestible 

carbohydrate that is used to increase calcium bioavailability and absorption, as a soluble dietary fiber, as a 

noncaloric sweetener, and for functional effects on the texture/consistency of food. It is used in many 

foods including yogurt, baked goods, candies, jams, and other dairy products. 

Manufacture: 

IOE contains inulin and oligofructose, two carbohydrates found in many plant foods that function as 

dietary fiber. Oligofructose can be produced from sucrose or inulin, however, the most common 

commercial method to produce oligofructose for use in IOE production is from inulin. Inulin is a dietary 

fiber found in chicory (Belgian endive), Jerusalem artichoke (sunchokes), agave, and other plants. Chicory 

inulin is the most commercially available inulin, however in organic production, inulin is generally derived 

from Agave (Mexico) and Jerusalem artichokes (China). Chicory inulin is produced by shredding chicory 

roots, which are treated with hot water, juiced, and filtered to remove the raw inulin. The raw inulin is 

purified by treatment with calcium hydroxide, carbonated, and filtered and spray-dried. The resulting 

inulin polymers range in chain length from 2–60 units. The shortest polymers range from 2–10 fructose 

units and are called oligofructose. The longer polymers range from 10–60 units. If insufficient amounts of 

oligofructose are present, polymers range from 10–60 units are treated with inulinase enzyme from 

Aspergillus niger to create more oligofructose and is mixed back in with the original inulin.

Ancillary substances: 

The 2015 TR indicated no ancillary substances but noted that IOE could contain up to 20% glucose, 

fructose, and sucrose left over from the chicory source material or enzymatic conversion. Further the TR 

noted processing aids are removed in favor of a pure IOE product. The amounts of these remaining 

substances may vary, but the general approach in producing IOE is to purify the IOE solution and thereby 

limit the amount of processing aids that remain. The TR for fructooligosaccharides (FOS) noted the 

following residuals: glucose, sucrose, calcium gluconate, glucose oxidase enzyme, catalase enzyme, or 

ethyl alcohol. There are no ancillary substances to list for IOE.

International: 

IOE is not specifically listed in the CODEX, EU, or Japanese organic standards, however, non-organic 

agricultural products are not listed in these standards. IOE is not specifically listed on the Canadian 

standards.

Discussion: 

In the Fall of 2015 the NOSB voted to sunset IOE based on the availability of alternatives like inulin derived 

from organic agave and the continued listing of conventional FOS. However, in the public comment period 

for the proposed rule a processor and trade association asserted that IOE from chicory was still needed. 

The USDA decided to renew the listing for IOE even though these same comments were received in the 

Fall 2015 meeting during oral comment. 

Additional information or questions requested by Subcommittee:

1. Is inulin-oligofructose, enriched still in use in certified organic products, and if so what types of 

products?

2. Are alternative organic forms available? 

3. Is organic inulin + conventional FOS (already listed at §205.606) an acceptable alternative in product 

formulations? If not, why? 

NOSB April 2020 proposals and discussion documents Page 70 of 115
Kelp 

Reference: 205.606(m) Kelp—for use only as a thickener and dietary supplement.

Technical Report: 1995 TAP

Petition(s): N/A

Past NOSB Actions: 04/1995 NOSB recommendation; 10/2010 NOSB sunset recommendation; 10/2015 

sunset recommendation 

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420); Sunset renewal notice published 03/21/2017 (82 

FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use: 

Kelp is a term used for seaweeds belonging to the brown algae (Phaeophyceae) class in the order 

Laminariales. There are about 30 genera and many species. Kelp is dark green or brown in color and has 

a salty, characteristic taste. Through the 19th century, the word "kelp" was closely associated with 

seaweeds that could be burned to obtain soda ash (primarily sodium carbonate). The seaweeds used 

included species from both the orders Laminariales and Fucales. The word "kelp" was also used directly 

to refer to these processed ashes. Used for centuries in traditional Japanese food, kelp provides a 

unique flavor profile and can be used as a thickening agent or as a base for broth. Kelp can also be used 

as a source of iodine within maximum daily iodine intake limits.

Manufacture: 

Kelp is harvested, dried and then ground or chopped for use in food. Giant kelp can be harvested fairly 

easily because of its surface canopy and growth habit of staying in deeper water. 

International: 

Allowed in Canadian General Standards Board Organic Production Systems under aquatic plants and 

aquatic plant products, Table 4.2.

European Union Annex IX 1.1.3 Algae, including seaweed, permitted in non-organic foodstuffs 

preparation.

Japanese Agricultural Standard (JAS) for Organic Plants-Dried Algae, including the powdered form.

Ancillary Substances: 

N/A

Environmental Issues and Human Health Impacts: 

Kelp is a renewable resource. It is also a keystone species, and there are concerns over responsible 

harvesting of kelp beds. Climate change is also impacting the distribution of kelp populations. For 

example, Northern California populations of kelp have been reduced by 90% due to sea urchin 

populations that exploded after disease killed local sea stars, which are natural predators of the urchins. 

The bacteria affecting sea stars may be increasing due to warmer water temperatures resulting from 

global warming. The impact of the loss of kelp on the California coastal marine ecosystem is potentially 

catastrophic, and the Handling Subcommittee would like more information on the impact of harvesting 

on kelp populations. There are also concerns over contamination of kelp from ocean radiation. 

Discussion

NOSB April 2020 proposals and discussion documents Page 71 of 115
While the term “kelp” generally refers to seaweeds belonging to the brown algae in the order 

Laminariales, by tradition some forms of kelp have more specific names, for instance, wakame or 

kombu. Most kombu is from the species Saccharina japonica (Laminaria japonica). However, some 

edible kelps in the family Laminariaceae are not always called kombu, such as arame, kurome (Ecklonia

kurome) or Macrocystis pyrifera. The name "wakame" was derived from the Japanese name wakame. 

Starting in the 1960s, the word "wakame" started to be used widely in the United States, and the 

product (imported in dried form from Japan) became widely available at natural food stores and AsianAmerican grocery stores. There has been some confusion around the separate listings on the National 

List for wakame and kombu, both forms of edible seaweeds.

Additional information or questions requested by Subcommittee:

1. Are there organic supplies of kelp available? If so, is there enough organic supply available to meet 

commercial demand?

2. How is the use of organic kelp in livestock production different from uses for human consumption?

3. Are there sufficient organic supplies of kelp available for human consumption?

4. Is the availability of organic kelp enough to supply both livestock and human consumption demand 

in handling?

5. What are the handling needs of kelp as a thickener and dietary supplement?

Orange shellac 

Reference: 205.606(r) Orange shellac-unbleached (CAS # 9000-59-3).

Technical Report: 2002 TAP; 2014 TR

Petition(s): N/A

Past NOSB Actions: 10/1999 NOSB minutes and vote; 10/2010 NOSB sunset recommendation; 10/2015 

sunset recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

 Use:

Orange shellac is used to coat fruits and vegetables to reduce water loss and retain firmness. It is an 

ingredient in lozenges, capsules and tablets, and is a part of confectionary glazes on candy, chocolate 

and coffee beans. A dye from shellac is used as a food color. It is a natural bio-adhesive polymer that is 

soluble in alkaline solutions such as ammonia and in solvents such as ethanol. Shellac is water insoluble. 

There are also numerous non-food uses: on wood, in cosmetics, in clothing, on seeds, and in adhesives, 

varnish, and polishes.

Manufacture:

Orange shellac or “shellac” as it is commonly known is the purified product of the natural resin lac,

which is the hardened secretion of the small, parasitic insect Kerria lacca, popularly known as the lac 

insect. These insects suck the sap of certain host trees, and when digested by the insects the sap 

undergoes a chemical transformation and is eventually secreted through the pores of the insect. When 

this secretion comes into contact with the air, if forms a hard shell-like coating over the larger swarm of 

insects. The main areas of the world where is it produced are India, Thailand, and Myanmar.

NOSB April 2020 proposals and discussion documents Page 72 of 115
International Acceptance:

Orange shellac is not listed on the Canadian General Standards Board Permitted Substances List, on the 

CODEX Alimentarius Commission, Guidelines for the Production, Processing, Labeling and Marketing of 

Organically Produced Foods (GL 32-1999), on the European Economic Community (EEC) Council 

Regulation, EC No. 834/2007 and 889/2008, on the Japan Agricultural Standard (JAS) for Organic 

Production, nor by International Federation of Organic Agriculture Movements (IFOAM). Therefore, 

these international organic standard bodies do not allow this substance in or on organic foods.

Ancillary Substances: 

From the 2014 Technical Report (TR), there are a number of substances that are used to process the 

orange shellac for use in fruit coatings. Some are allowed in organic production and some are not, they 

include: isopropyl alcohol, morpholine, oleic acid, candelilla wax, fatty acid soaps and fast drying 

solvents, wood rosins, paraffin wax, petroleum wax, carnauba wax, sugar cane wax, polyethylene 

emulsions, castor oil, triethanolamine, ammonia, sodium o-phenyl phenate, stearic acid, alkyl 

naphthalene sulfonates, sodium hydroxide, bentonite, borax, potassium hydroxide, glycerol, palmitic 

acid, luric acid, and stearic acid. Fungicides, growth regulators, and preservatives could be added as well 

as plasticizers such as castor oil, vegetable oils (corn, soy, etc.), acetylated monoglycerides, fatty acids, 

etc. that are not soluble in water can be used in formulating shellac products. Plasticizers are additives 

that increase the plasticity or fluidity of material. Coloring agents such as dyes, titanium dioxide, iron 

oxide, natural colors and other materials such as talc, calcium carbonate and alumina may be used. Only 

items allowed on the National List can be included in orange shellac used in or on organic products.

Environmental Issues:

The TR states there are no major adverse environmental effects on the production and processing of 

orange shellac. However, wash-water originating from processing units contain water soluble dye, 

fragments from insect bodies, proteinaceous matter, vegetable glue, and some sugars. These effluents 

collect in a pit outside factories and putrefy, generating an offensive smell. This may be a potential 

environmental hazard for which further studies are required. During washing of sticklac to seedlac, the 

effluents of lac factories are allowed to flow and collect in reservoirs. This accumulated water is treated 

with acid, precipitating all solid matter called lac-mud. Lac-mud is also a source of lac dye and lac wax 

(Baboo and Goswammi 437 2010).

Discussion:

At the previous sunset review, public commenters expressed the desire to add an annotation that would 

require labeling of fruits and vegetables that may have had orange shellac applied. This would be a 

future work agenda item, since annotations are not changed at sunset. The TR states: “There have been 

no reports showing adverse effects on human health due to orange shellac. Some individuals may show 

allergic symptoms and some vegetarians may consider it an animal product not suitable for their 

consumption. Corn zein and starch are alternative materials for shellac that give high gloss. Zein is a 

protein of the prolamine group occurring in maize and used in fruit coating. Carnauba wax has been 

used commercially to coat apples but has less gloss than shellac. There are primarily four different nonsynthetic substances that may be used in place of orange shellac as a component of citrus fruit waxes: 

wood rosin, carnauba wax, beeswax, and candelilla wax. Each has their own positives and negatives for 

various factors, including shine, permeability, cost, etc.

Additional information or questions requested by Subcommittee:

1. Please provide any information on ancillary substances that may be part of organic shellac 

formulations used in organic products. 

2. Is this product still needed in the processing of organic products?

3. What are the barriers to producing this agricultural product as organic?

NOSB April 2020 proposals and discussion documents Page 73 of 115
Starches: cornstarch 

Reference: 205.606(v) Starches.

(1) Cornstarch (native).

(2) Sweet potato starch - for bean thread production only.

Technical Report: 1995 TAP - Cornstarch

Petition(s): N/A – Cornstarch; 2007 Petition - Sweet Potato Starch

Past NOSB Actions: 10/1995 NOSB minutes and vote; 10/2010 sunset recommendation on cornstarch; 

10/2015 sunset recommendation 

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420); 

Sunset Date: 3/15/2022

Background from Subcommittee: 

 Use:

From the 2017 review: “Starches are used in many foods as thickeners, formulation aids, to

make corn syrup, and as bulking agents and moisture adsorption agents. Cornstarch is made

from special strains of corn that are high in amylose and amylopectin.”

Manufacture: 

 As described in Wikipedia, cornstarch is obtained from the endosperm of the kernel. The corn is steeped 

for 30 to 48 hours, which ferments it slightly. The germ is separated from the endosperm and those two 

components are ground separately (still soaked). The starch is then removed by washing. The starch is 

separated from the corn steep liquor, the cereal germ, the fibers and the corn gluten mostly in 

hydrocyclones and centrifuges, and then dried. This process is called wet milling. Finally, the starch may 

be modified for specific uses.

Ancillary substances:

None noted.

International acceptance:

Canada: Yes, with restrictions on materials used for manufacture.

Codex: Not listed.

EU: From corn, not chemically modified.

Japan: Not listed.

IFOAM: Not listed

Environmental/Health Issues: 

 Cornstarch poses no acute health hazards from ingestion or dermal absorption. Dusts produced during 

production may pose inhalation risks, and potentially a fire hazard if levels in air reach critical combustion 

concentrations. Cornstarch that is not organic may be produced from conventional corn that was grown 

with synthetic fertilizers and pesticides that pose risks to human health and the environment.

 

NOSB April 2020 proposals and discussion documents Page 74 of 115
Discussion:

There are organic starches on the market, but they are not necessarily suitable for all uses. “Cornstarches

are described by the relative content of two glucose polymers: amylopectin and amylose. Special strains

of corn are grown to achieve the right ratio of the polymers and these special varieties are all identity

preserved to maintain their amylose ratio and so are never genetically engineered”. During the 2017 

review, public commenters indicated that some types of organic cornstarch are not available. A recent 

search of the Organic Integrity Database identified 13 suppliers of “cornstarch”, including 12 in the 

United States. Cornstarch is listed under §205.606, so non-organic material can be used only when 

organic cornstarch is not available. The Handling Subcommittee requests public comment on the need 

to list cornstarch under §205.606.

Additional information or questions requested by Subcommittee:

The Handling Subcommittee requests public comment addressing the following questions:

1. Are there adequate organic sources of all types of cornstarch for food processing and production so 

this material can be removed from §205.606?

2. If not, please identify which types of cornstarch are not available organically and describe their use 

and the impact of removal from §205.606?

3. If any types of essential cornstarch are not available organically, please describe barriers to 

producing this material and any steps to promote organically sourced product.

4. Is there a risk of cornstarch derived from GMO corn contaminating materials used for producing 

organic products?

Starches: sweet potato 

Reference: 205.606(v) Starches.

(1) Cornstarch (native).

(2) Sweet potato starch - for bean thread production only.

Technical Report: 1995 TAP - Cornstarch

Petition(s): N/A – Cornstarch; 2007 Petition - Sweet Potato Starch

Past NOSB Actions: 10/1995 NOSB minutes and vote; 10/2010 sunset review Sweet potato starch; 

10/2015 sunset recommendation 

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 03/21/2017 (82 FR 14420)

Sunset Date: 3/15/2022

Background from Subcommittee: 

Use:

Sweet potato starch is specifically used as a formulation aid for bean thread production.

Manufacture:

The sweet potatoes are crushed, and the starch is washed out and dried to a powder.

Ancillary substances:

None noted. 

NOSB April 2020 proposals and discussion documents Page 75 of 115
International acceptance:

Canada: Not listed.

Codex: Not listed.

EU: Not listed.

Japan: Not listed.

IFOAM: Not listed

Environmental/Health Issues:

Sweet potato starch poses no acute health hazards from ingestion or dermal absorption. Dusts produced 

during production may pose inhalation risks. Sweet potato starch that is not organic may be produced 

from conventional sweet potatoes that were grown with synthetic fertilizers and pesticides that pose 

risks to human health and the environment.

Discussion:

A recent search of the Organic Integrity Database identified two suppliers of “sweet potato starch”, 

including one in the United States and one in China. Sweet potato starch is listed under §205.606, so 

non-organic forms can be used only when organic cornstarch is not available. The Handling 

Subcommittee requests public comment on the need to list cornstarch under §205.606 and whether 

current supplies are adequate to meet demand for organic bean thread products.

Additional information or questions requested by Subcommittee:

1. Please provide more detail on the manufacturing steps to produce sweet potato starch.

2. What organic products is this material being used in?

3. Are there adequate sources of organic sweet potato starch to meet existing market demands?

4. What are the barriers to obtaining organic sweet potato starch and how can these barriers be 

overcome?

Turkish bay leaves 

Reference: 205.606(x) Turkish bay leaves.

Technical Report: N/A

Petition(s): 2006 Petition

Past NOSB Actions: 04/2007 recommendation; 10/2010 NOSB sunset recommendation; 10/2015 sunset 

recommendation

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 07/06/17 (82 FR 31241)

Sunset Date: 6/27/2022

Background from Subcommittee: 

Use: 

Turkish bay leaves are an herb that has been used traditionally to flavor food. 

Manufacture: 

Turkish bay leaves (Laurus nobilis) are widely cultivated in the Mediterranean and Asia. Leaves are 

harvested, sorted and then sold fresh or dried. 

NOSB April 2020 proposals and discussion documents Page 76 of 115
International: 

There is no list of individual non-organic agricultural commodities allowed under the Japanese 

Agricultural Standards (JAS), International Federation of Organic Agricultural Movements (IFOAM) or 

Codex standards. However, these standards allow for up to 5% non-organic content. The EU Organic 

Standards do not list Turkish bay leaves. 

Ancillary Substances: 

None noted 

Discussion: 

During the review of 2017 sunset materials conducted in 2015, the NOSB requested information from 

the public to assess commercial demand, commercial availability, alternatives, necessity and use in 

organic production. At that time, the original petitioner noted a source of Turkish bay leaves but 

believed the supply was too fragile to have the listing removed. Searches of publicly available organic 

sourcing pages by the NOSB in June of 2015 resulted in 85 NOP organic certificate holders of bay leaves 

with 12 specifying Laurus nobilis. Additionally three spice companies were contacted, and all had 

sources of Turkish bay leaves from Turkey, India or both.

One commenter noted concern regarding impacts of pesticide use and residue when a conventional 

agricultural ingredient is used. Products certified to the “made with organic...” may use non-organic 

agricultural ingredients that are not listed on §205.606 and have not undergone a review for compliance 

with OFPA criteria. However, these ingredients are still required to comply with §205.105, which 

prohibits ingredients that are irradiated, produced with sewage sludge or with excluded methods. 

Additionally, the commenter provided no data specifically on pesticide usage and residues on Turkish 

bay leaves and just cited EPA tolerance levels for pesticides on herbs subgroup 19A.

Based on the availability of organic sources, the NOSB recommended at its October 2015 meeting to 

remove Turkish bay leaves from 205.606. In an August 7, 2017 final rule, USDA noted it received public 

comments opposing the remove of Turkish bay leaves from the National List. These extensive comments 

stated that Turkish bay leaves are not available in the quantity or quality needed to meet organic 

handling needs. Comments explained that while organic whole bay leaf may be commercially available, 

ground organic bay leaves provide a different flavor profile, are not presently commercially available, 

and removal of Turkish bay leaves from the National List would negatively impact finished products 

containing ground bay leaves. Comments requested that USDA maintain the allowance for nonorganic 

Turkish bay leaves while suppliers pursue sources of ground organic Turkish bay leaves in sufficient 

quality and quantity to meet industry needs.

In response to these comments, USDA determined that nonorganic forms of Turkish bay leaves are 

essential to organic production and handling and should remain on the National List. At the time of this 

decision, USDA noted that organic handlers are permitted to use the nonorganic substance only if the 

organic substance is not commercially available. Handlers need to demonstrate, and certifiers need to 

verify, that the organic substance is not available in the form, quality or quantity needed.

In a December 2019 review of the Organic Integrity Database, the Handling Subcommittee found 62 

records of certified handlers and crop producers listing “bay leaf,” 86 records listing “bay leaves,” and 

four records listing “Turkish bay leaves.”

NOSB April 2020 proposals and discussion documents Page 77 of 115
Additional information or questions requested by Subcommittee:

1. The Handling Subcommittee requests that the public provide comment regarding the current use of 

and commercial demand for Turkish bay leaves in organic products and provide comments on the 

impact that removing it from 205.606 would have on organic business and/or organic products.

2. Has the industry made progress in its efforts to locate organic sources of whole and ground Turkish 

bay leaves? What specific efforts have been made and what degree of success has the industry had?

3. Are there other ingredients with suitable flavor profiles that could be used in place of Turkish bay 

leaves, given adequate transition time for ingredient inventory and label depletion?

4. In what organic products is non-organic Turkish bay leaves currently used, and what are the specific 

reasons for its necessity in these products? 

Whey protein concentrate 

Reference: 205.606(z) Whey protein concentrate.

Technical Report: 2015 TR 

Petition(s): 2007 Petition 

Past NOSB Actions: 05/2007 NOSB recommendation; 10/2010 NOSB sunset recommendation; 10/2015 

sunset recommendation 

Recent Regulatory Background: Sunset renewal notice published 06/06/12 (77 FR 33290); Sunset 

renewal notice published 07/06/17 (82 FR 31241)

Sunset Date: 6/27/2022

Background from Subcommittee: 

Use: 

Whey protein concentrate is used in dairy products, protein bars, and infant formulas. Whey protein 

concentrate is used as a source of protein, as a fat replacer, and as a texturizer.

Manufacture: 

Whey protein concentrate is a soluble fraction of bovine milk composed of protein, minerals and lactose 

and is a byproduct of cheese manufacturing. The primary method of production mixes milk with rennet 

to coagulate the casein to make cheese curds, the resulting liquid is whey. Another method of 

production is via microbiological fermentation or direct addition of lactic acid that acts to reduce the pH 

and coagulate the casein. The whey undergoes an ultra-filtration process to remove a large portion of 

the lactose and minerals. Low temperature processing ensures retention of both nutritional and 

functional properties. Whey protein concentrate is evaporated then spray-dried and sold as a dry 

ingredient. The whey protein concentrate may also be bleached with hydrogen peroxide or benzoyl 

peroxide. Whey protein concentrate can be concentrated to different protein levels (i.e., 35%) but max 

out around 80%. Concentrations higher than 90% are considered whey protein isolate.

International: 

Whey protein concentrate is not specifically listed in the CODEX, Canadian, or Japanese organic 

standards. “Whey powder ‘herasuola’” is listed on the EU Organic Standards.

NOSB April 2020 proposals and discussion documents Page 78 of 115
Ancillary Substances: 

Soy lecithin may be added as an "instantizing" ancillary substance.

Environmental Issues and Human Health Impacts: 

In most jurisdictions, environmental regulations now prevent disposal of untreated whey on agricultural 

land or discharging in municipal sewage system or surface water. Whey composition (high solids, 

lactose and salt content) makes disposal practices a problem. Rodenberg, 1998 reported that the five 

day biochemical oxygen demand (BOD5) is a measure of the organic pollutant concentration in the 

wastewater, and is proportional to the amount of milk or whey lost to the sewer. Normal dairy 

production plant wastewater is in the range of 2000 to 3000 mg/l which is 10 times the strength of 

domestic sewage. The BOD5 can go much higher if a milk spill occurs and the pH can fluctuate widely if 

spent cleaning in place chemicals are discharged as well. Dairies manage their wastewater discharge to 

avoid upsetting their biological treatment process or a publicly owned treatment system. With recent 

advances in technology, as well as increasing awareness of the environmental and financial costs of 

whey disposal, the dairy industry has found it profitable to process whey into high value added protein 

products for use as ingredients in food systems. Whey proteins are generally recognized as safe (GRAS) 

and are considered a label-friendly ingredient. A large portion of the energy used at a typical cheese 

making operation is devoted to processing whey powder or concentrate. Falling-film type evaporation 

systems are used to concentrate whey liquid. To fully dry the whey to a powder form, condensed whey 

from an evaporator is fed to a spray dryer. Both of these processes are highly energy intensive due to 

the thermal energy required.

Discussion: 

During the last review, the NOSB requested information from the public related to (1) ancillary 

substances, (2) commercial demand, (3) commercial availability, (4) other alternatives, (5) use in the 

industry. In the past, one public comment was received from a certifier on the use of soy lecithin as an

ancillary substance. No information was provided on commercial demand, alternatives or its use in the 

industry. One trade association commented on its essentiality and lack of supply but provided no 

detailed information on why the supply identified by the NOSB was insufficient. One certifier noted they 

have clients producing and selling organic whey protein concentrate. Given the availability of organic 

whey protein concentrate and the absence of information on continued commercial unavailability from 

industry, the Handling Subcommittee recommended this item be removed from the National List in 

2015 (2015/Fall - Rec to Remove). To date, NOP has not removed WPC from the National List. A petition 

to remove whey protein concentrate from the National List 

(https://www.ams.usda.gov/sites/default/files/media/Addendum1_PetitionforRemovalofWheyProteinC

oncentrate_2019.pdf) is currently under review by the Handling Subcommittee, and review of the 

Organic Integrity Database indicates several suppliers of whey protein concentrate.

Additional information or questions requested by Subcommittee:

1. Are there any forms of whey protein concentrate that are not available organically beyond what has 

been found in the NOP Organic Integrity Database?

2. If yes, what are the barriers to producing that whey protein concentrate or other whey products in 

an organic form, since it appears there are many manufacturers of raw liquid whey from both cow 

and goat suppliers and numerous manufacturers are currently certified and capable of making a 

variety of organic whey products?

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