FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: _ 11/5/2009 ____

Subject: L-Malic Acid Sunset Review

Chair: __Jeff Moyer ______________

Recommendation

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: ___X __

Guidance Statement: ________

Other: ________

Summary Statement of the Recommendation (including Recount of Vote):

L-Malic acid was reviewed for sunset by the NOSB at the November 2009 meeting. A summary 

of the Handling committee’s recommendation is attached. No comments were received during 

the meeting that disagreed with the committee’s recommendation. 

The NOSB voted to recommend relisting of L-Malic acid on §205.605(a) with 13 voting yes, 0 

no votes and 2 absent.

NOSB Vote: Motion: DeMuri Second: Weisman

Board vote: Yes - 13 No- 0 Abstain- 0 Absent - 2 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP):

Response by the NOP:
National Organic Standards Board

Handling Committee Recommendation for §205.605(a)

Sunset of L-Malic Acid (CAS # 97-67-6)

July 9, 2009

I. List: 

National Organic Program Subpart G: The National List of Allowed and Prohibited 

Substances. §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)).”

a. Nonsynthetics allowed 

II. Committee Summary: 

L-Malic acid (CAS #97-67-6) was added to the National List (Federal Register Vol. 71, No. 

175) §205.605(a) on September 11, 2006. This addition was based on a review of L-malic 

acid by the NOSB at their May 13-14, 2003 meeting. This is the first time that L-malic acid 

has been reviewed through the sunset process. L-Malic acid is used as a flavor enhancer,

flavoring agent and adjuvant, and for pH control agent in a variety of foods. 

The original April 2003 TAP review reviewed three forms of malic acid. The TAP review 

determined that DL-malic acid (CAS # 6915-15-7) was synthetic and recommended that it not 

be included on the National List. On the other hand, the TAP determined that L-Malic acid is 

the naturally occurring form of malic acid, occurring in fruits such as apples and cherries. Lmalic acid was determined to be non-synthetic; it is produced by the fermentation of fumaric 

acid which can be produced by the fermentation of glucose. The TAP indicated that there 

were alternatives to malic acid, such as vinegar or citric acid, but that malic acid did provide 

some unique properties for use in handling. Finally, the original TAP did not identify any 

unacceptable risks to the environment, human or animal health resulting from the use or 

manufacture of L-malic acid.

The NOSB has received two public comments in support of, and no public comments 

opposed to, the relisting L-malic acid in response to the Federal register notice of the sunset 

of L-malic acid (AMS-TM-07-0136). No public comments have been received opposing the 

continued use of L-malic acid in organic handling.

III. Committee Recommendations

The Handling Committee recommends the continued listing of L-malic acid (CAS # 97-67-6)

on §205.605(a). 

Moved: Heinze Second: Miedema

Committee Vote: Yes- 4 No- 0 Absent- 2 Abstain- 0 Recuse- 0