Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: 5-23-2012

Subject: List 3 Inert Ingredients: Listing at § 205.601 for Sunset 2013

Chair: Barry Flamm

 

 

The NOSB hereby recommends to the NOP the following: §205.601

Rulemaking Action ____x______

Guidance Statement __________

Other ____x______

Statement of the Recommendation (Including Recount of Vote): 

First Motion:

Be it Resolved,

It is the understanding of the NOSB that the NOP is committed to expediting the 

review of all inert ingredients as soon as possible and will support the NOSB in 

creating a plan for inerts review and accompanying workplan for the crops 

committee to complete this work.

Committee Vote

Moved: Jay Feldman Second: Zea Sonnabend

Yes__15___ No__0___ Abstain__0__ Absent__0___ Recuse ___0__

Second Motion: 

[The italicized text indicates amendments to the regulatory language. Deleted text 

is indicated with a strike-through line.]

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

(m) As synthetic inert other ingredients not as classified by the Environmental 

Protection Agency (EPA) as active ingredients, for use with nonsynthetic 

substances or synthetic substances listed in this section and used as an active 

pesticide ingredient in accordance with any limitations on the use of such 

substances.

2) Inert ingredients exempt from the requirement of a tolerance under 40 CFR 

180.1122 that were formerly on EPA List 3 in passive polymeric dispenser 
products may be used until October 21, 2017.

Committee Vote

Moved: Jay Feldman Second: Zea Sonnabend

Yes__15___ No__0___ Abstain__0__ Absent__0___ Recuse ___0__

Third Motion:

§ 205.2 Terms defined.

Passive polymeric dispenser products. Solid matrix dispensers delivering 

pheromones through volatilization only at rates less than or equal to 150 grams 

active ingredient (AI)/acre/year that are placed by hand in the field and are 

of such size and construction that it is readily recognized and retrievable. [59 FR 

7368, March 30, 1994.] To be removed as a definition when 205.601(m)2(a) and 

(b) expire.]

Committee Vote

Moved: Jay Feldman Second: Harold Austin

Yes__15___ No__0___ Abstain__0__ Absent__0___ Recuse ___0__

Fourth Motion:

Committee Backup Vote to Relist:

List: 205.601 Synthetic substances allowed for use in organic crop 

production.

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

Agency (EPA), for use with nonsynthetic substances or synthetic substances listed 

in this section and used as an active pesticide ingredient in accordance with any 

limitations on the use of such substances.

(2) EPA List 3—Inerts of unknown toxicity—for use only in passive pheromone

dispensers.

Committee Vote

Moved: Jay Feldman Second: Zea Sonnabend

Yes__15___ No__0___ Abstain__0__ Absent__0___ Recuse ___0__

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

The board voted unanimously to set a date of October 21, 2017 for the expiration 

of the listing for List 3 Inert Ingredients in Passive Pheromone Dispensers, defined 

passive pheromone dispensers, and adopted a motion that establishes the board’s 

understanding of previous intent and future expectation that inert ingredients must 

be reviewed, given long delays and the Environmental Protection Agency’s 

discontinuance of its inerts listing..

Section 6517(c)(1)(B)(ii) of the Organic Foods Production Act of 1990 (OFPA) 
authorizes the National Organic Standards Board (NOSB) to establish a National 

List of approved and prohibited substances that may include synthetic inert 

ingredients that are not classified by the Administrator of the EPA as “inerts of 

toxicological concern.” 

OFPA

OFPA, in establishing the National List (§2118, 7 U.S.C. 6517), creates a list of 

exemptions for prohibited substances in organic production and handling and in so 

doing lists the categories of substances that must be reviewed by the NOSB if they 

are to be listed:

7 USC 6517(c)(1) Exemption for Prohibited Substances. 

The National List may provide for the use of substances in an organic farming or 

handling operation that are otherwise prohibited under this chapter only if

(B) the substance

(ii) is used in production and contains synthetic inert ingredients that are not 

classified by the Administrator of the Environmental Protection Agency as inerts of 

toxicological concern

Committee Vote:

Moved:__Jay Feldman____ Second:__Zea Sonnabend___

Yes: _15_ No: __ Abstain: __ Absent: __ Recusal: __