United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

November 19, 2014

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD (NOSB)

FROM: Miles McEvoy

Deputy Administrator

Agricultural Marketing Service

National Organic Program (NOP)

SUBJECT: Packaging substances used in organic food handling

The NOP would like the NOSB to provide recommendations on the use of Bisphenol A (BPA)

and similar substances in the packaging of organic food. The NOSB Handling Subcommittee has 

submitted a request to review the use of Bisphenol A (BPA) in packaging of organic food. The 

subcommittee notes that there have been many recent studies describing adverse effects on 

human health, and increasing consumer awareness and concern about this material. 

BPA is an industrial chemical used to make a hard, clear plastic known as polycarbonate, which 

has been used in many consumer products, including reusable water bottles. BPA is also found in 

epoxy resins, which act as a protective lining on the inside of metal-based food and beverage 

cans. These uses of BPA are subject to premarket approval by the Food and Drug Administration 

(FDA) as indirect food additives or food contact substances. The original approvals were issued 

under FDA’s food additive regulations and date from the 1960s. FDA has performed extensive 

research on BPA, has reviewed hundreds of other studies, and is continuing to address questions 

and potential concerns raised by certain studies. 1

The USDA organic regulations do not specifically address the use of BPA in packaging, 

however packaging is generally addressed at 7 CFR §205.272. 

§205.272 Commingling and contact with prohibited substance prevention practice 

standard.

(a) The handler of an organic handling operation must implement measures necessary to 

prevent the commingling of organic and nonorganic products and protect organic 

products from contact with prohibited substances.

(b) The following are prohibited for use in the handling of any organically produced 

agricultural product or ingredient labeled in accordance with subpart D of this part:

(1) Packaging materials, and storage containers, or bins that contain a synthetic 

1 http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm

1

 
United States Agricultural 1400 Independence Avenue, S.W. 

Agricultural Department of Marketing Room 2646-S, Mail Stop 0268

Marketing Agriculture Service Washington, D.C. 20250-0268

Service

fungicide, preservative, or fumigant;

(2) The use or reuse of any bag or container that has been in contact with any 

substance in such a manner as to compromise the organic integrity of any 

organically produced product or ingredient placed in those containers, unless 

such reusable bag or container has been thoroughly cleaned and poses no risk of 

contact of the organically produced product or ingredient with the substance 

used.

The NOP will provide the NOSB with additional information about BPA and similar packaging 

substances. One recent paper2 outlines some of the issues with plastic substances that are

advertised as BPA-free. The NOP requests that NOSB review the alternatives to BPA as part of 

their analysis and recommendation. The NOP suggests that NOSB start with a discussion paper 

that provides a review of current literature, evaluation of current uses in the organic market, 

availability and suitability of alternatives, and impact of removal of these packaging substances 

on the organic trade. A Technical Review will be commissioned to assist NOSB with this 

project. After public comment and review, NOP looks forward to the NOSB recommendations 

on this topic including any recommendation for regulatory changes to the USDA organic 

regulations.

The NOP thanks the NOSB for their willingness to evaluate this issue.

2 2011, Yang, et. al., Env. Health Perspect 119:989-996. http://ehp.niehs.nih.gov/1003220/

2