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December 21, 2021 

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

FROM: Jennifer Tucker, Ph.D. 

 Deputy Administrator 

 National Organic Program (NOP) 

SUBJECT: Response to National Organic Standards Board Recommendations (Fall 2021 

Meeting)

Background 

This memorandum responds to recommendations from the National Organic Standards Board 

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

National Organic Program (NOP) at its virtual meeting, which took place October 19 – 21, 2021. 

Summary of Recommendations and AMS Responses

• Petitioned Substances

The NOSB reviewed seven petitions and recommended two amendments to the National List 

of Allowed and Prohibited Substances (National List). The National List is a section of the 

USDA organic regulations that includes synthetic substances allowed in organic crop and 

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

livestock production, and non-organic substances allowed in organic handling. 

Substance Section of Organic 

Regulations 

NOSB Recommendation

Chitosan – plant disease 

control 

Crops

§ 205.601 

Classified as synthetic; Not 

recommended for addition to the 

National List. 

Cow manure derived 

biochar annotation 

Crops

§ 205.602 

Classified as nonsynthetic; the 

NOSB did not recommend 

annotating the listing of ash from 

manure burning at § 205.602(a) to 

allow cow manure derived biochar.
Substance Section of Organic 

Regulations 

NOSB Recommendation

Stripped Ammonia

(originated from an 

ammonia extract 

petition)

Crops § 205.602 Classified as nonsynthetic; 

Recommended for addition to the 

National List as a prohibited 

substance. 

Concentrated Ammonia

(originated from an 

ammonia extract 

petition)

Crops § 205.602 Classified as nonsynthetic; 

Recommended for addition to the 

National List as a prohibited 

substance. 

Restriction on fertilizers

with carbon-to-nitrogen 

ration of 3:1 or less 

(originated from an 

ammonia extract 

petition)

Crops § 205.203(f) Returned to Crops Subcommittee for 

additional work. 

Kasugamycin Crops § 205.601 Classified as synthetic; Not 

recommended for addition to the 

National List.

Hydronium Crops § 205.601 Classified as synthetic; Not 

recommended for addition to the 

National List.

Carbon Dioxide Crops § 205.601 Returned to Crops Subcommittee for 

additional work

Zein Handling § 205.605 Not recommended for addition to the 

National List.

AMS Response: AMS regularly publishes National List rules in response to NOSB 

recommendations. Regarding the recommendations to prohibit stripped ammonia and 

concentrated ammonia, AMS will wait until the Spring 2022 meeting, when the Board 

considers and votes on the final motion, before reviewing these recommendations. This will 

ensure that stakeholder feedback and market considerations are addressed within a single

process by the program. 

These natural substances remain allowed while the Board continues its work, and while AMS 

subsequently considers next steps. AMS reminds certifiers that they must always consider 

site-specific circumstances when reviewing material use on organic operations, as the USDA 

organic regulations require that organic operations maintain or improve soil and water 

quality. 
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• Research Priorities

The NOSB recommended that integrated research be conducted and that such research 

consider the whole farm system and recognize the interplay of agroecology, the surrounding 

environment, and both native and farmed species of plants and animals. Building upon the 

2020 list of research priorities, the NOSB revised many previous research priorities and 

added three new research priorities in 2021:

Livestock: Efficiency of natural parasiticides and methodologies in poultry.

Livestock: Evaluation of natural alternatives to DL-methionine.

Handling: Research into occupational health risks associated with chlorine use in 

processing environments.

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

USDA research agencies.

• Biobased Biodegradable Mulch Film

The NOSB recommended amendment of the allowance for biodegradable biobased mulch 

film (BBMF). The recommended change would relax the biobased content requirement for 

BBMF (from 100% to 80%) and add a requirement for producers to select the BBMF with 

the highest biobased content, if several versions are commercially available.

AMS Response: AMS is reviewing the Board’s recommendation to amend the listing for 

biodegradable biobased mulch film at § 205.601(b)(2)(iii) and to revise definitions at § 

205.2.

• Sodium Nitrate

The NOSB recommended reinstatement of the listing for sodium nitrate on the National List 

to restrict use of sodium nitrate to no more than 20% of a crop’s total nitrogen requirement. 

During the Board’s last sunset review in 2011, the Board voted to fully prohibit sodium 

nitrate. AMS did not initiate rulemaking to remove sodium nitrate from the National List but 

also did not renew sodium nitrate (i.e. issue a new sunset date), therefore sodium nitrate has 

not appeared on the Board’s sunset review schedule. Reinstatement would affirm the 

substance’s status on the National List, establish a sunset date for the substance, and return 

sodium nitrate to the Board’s sunset review work agenda.

AMS Response: AMS is reviewing the Board’s recommendation to reinstate the listing for 

sodium nitrate at § 205.602(h).

• Lithothamnion
The NOSB recommended that lithothamnion be classified as a nonagricultural substance that 

is ineligible for organic certification as a wild crop. The recommendation responds to an 

AMS request for assistance in resolving a discrepancy between certifiers.

AMS Response: AMS plans to write a memo to certifiers explaining the classification. AMS 

thanks the Board for their work on this topic.

• Non-organic Fish Oil Annotation

The NOSB recommended revising the current allowance for non-organic fish oil in processed 

products. The recommended annotation would require certification against a third-party 

sustainability standard. Additionally, the recommended annotation would require fish oil be 

produced only from fishing industry by-product (i.e., waste from primary catch processing). 

Fish oil from bycatch (i.e., non-target marine animals caught during fishing) would be 

prohibited.

AMS Response: As noted during the NOSB meeting, AMS has concerns about the viability 

of referring to third-party standards that are not subject to the Administrative Procedure Act

(APA), including public participation and due process. As such, AMS does not plan to act on 

this recommendation at this time; the NOSB may reconsider the topic in the future if it 

wishes to consider alternatives that are better supported under the APA.

• Climate Change Letter to the Secretary

The NOSB voted to send a letter to Secretary Vilsack regarding climate change initiatives. 

This letter outlines benefits to the climate inherent in organic production, including reduced 

greenhouse gas emissions, increased carbon sequestration, and the resilience of organic 

agriculture in the face of a changing climate. This letter also includes direct responses to 

several points in the Secretary’s 90-day progress report.

AMS Response: AMS thanks the Board for their work on this letter and will deliver it to the 

Secretary on the Board’s behalf. AMS will continue to collaborate with the Board on 

climate-smart agriculture agenda topics.

• Sunset Review – Recommendations for Removal

The NOSB did not recommend the removal of any substances from the National List.

• Sunset Review – Not Recommended for Removal. The NOSB completed its sunset review 

of the substances listed below. The Board did not recommend removing these substances 

from the National List.
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Substance National List Section Use

Copper sulfate § 205.601(a)(3) & § 

205.601(e)(4) 

Crops

Ozone gas § 205.601(a)(5) Crops

Peracetic acid § 205.601(a)(6) & § 

205.601(i)(8)

Crops

EPA List 3 – Inerts of unknown toxicity § 205.601(m)(2) Crops

Chlorine materials – calcium 

hypochlorite, chlorine dioxide, 

hypochlorous acid, sodium hypochlorite

§ 205.601(a)(2) Crops

Magnesium oxide § 205.601(j)(5) Crops

Calcium chloride § 205.602(c) Crops

Rotenone § 205.602(f) Crops

Activated charcoal § 205.603(a)(6) Livestock

Calcium borogluconate § 205.603(a)(7) Livestock

Calcium propionate § 205.603(a)(8) Livestock

Chlorine materials – calcium 

hypochlorite, chlorine dioxide, 

hypochlorous acid, sodium hypochlorite

§ 205.603(a)(10) Livestock

Kaolin pectin § 205.603(a)(17) Livestock

Mineral oil § 205.603(a)(20) Livestock

Nutritive supplements § 205.603(a)(21) Livestock
Propylene glycol § 205.603(a)(27) Livestock

Sodium chlorite, acidified § 205.603(a)(28) & 

(b)(10)

Livestock

Zinc sulfate § 205.603(b)(12) Livestock

Agar-agar § 205.605(a) Handling

Animal enzymes § 205.605(a) Handling

Calcium sulfate – mined § 205.605(a) Handling

Carrageenan § 205.605(a) Handling

Glucono delta-lactone § 205.605(a) Handling

Tartaric acid § 205.605(a) Handling

Cellulose § 205.605(b) Handling

Chlorine materials – calcium 

hypochlorite, chlorine dioxide, 

hypochlorous acid, sodium hypochlorite

§ 205.605(b) Handling

Potassium hydroxide § 205.605(b) Handling

Potassium lactate § 205.605(b) Handling

Silicon dioxide § 205.605(b) Handling

Sodium lactate § 205.605(b) Handling

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

announce the renewal of the substances in a Federal Register Notice. 

Summary

AMS acknowledges and sincerely appreciates the many hours NOSB provided in developing its 

recommendations. AMS supports NOSB’s vital role in representing the diversity of the organic 

community and ensuring organic integrity. 

AMS thanks Steve Ela for his continued service as NOSB Chair and thanks Nate Powell-Palm
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and Mindee Jeffery for their service as part of the NOSB leadership team this past year.

AMS thanks three NOSB members whose terms end in January 2022: Sue Baird, Asa Bradman, 

and Steve Ela for their service to the Board. The program appreciates the dedication and hard 

work and wishes the departing members well.