FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: April 29, 2010 

Subject: 2012 Sunset Materials List 205.601 Synthetic substances allowed for use in 

organic crop production 

Chair: Daniel G. Giacomini 

 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: X 

Guidance Statement: 

Other: X 

Summary Statement of the Recommendation (including Recount of Vote): The NOSB voted 

14 in favor, 0 opposed, 1 member absent to renew listings of 26 materials in 6 category usages on 

205.601 Synthetic substances allowed for use in organic crop production. One vote was taken for 

the entire 26 materials, which are listed in the recommendation below. 

NOSB Vote: Motion: Tina Ellor Second: Jeff Moyer 

Board vote: Yes - 14 No- 0 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP): Statements from the Crops Committee explaining the rationale supported through the 

NOSB action are included in all of the use categories in the recommendation, attached. 

Response by the NOP:
National Organic Standards Board (NOSB) 

Crops Committee Recommendation 

2012 Sunset Recommendations for Crops § 205.601 

for the April 2010 Meeting 

March 3, 2010 

The following are recommendations regarding the 2012 sunset materials that the 

crops committee felt there was sufficient information available for them to make 

recommendations. Any materials not addressed in or deferred in this 

recommendation have been deferred until the next business meeting of the 

NOSB. Please refer to the posted spreadsheet for each committee for additional 

clarity on the 2012 sunset materials. The spreadsheet summarizes the materials 

being addressed at this meeting, and those being deferred until the next meeting. 

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

production. 

II. Category Use 

(a) As algicide, disinfectants, and sanitizer, including irrigation system cleaning 

systems. 

III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, prior 

public testimony and comment, transcripts of past NOSB board meetings, and prior 

committee deliberations to make this recommendation. The Federal Register 

notice of the sunset of these materials has not been posted as of the final deadline 

for committee review to be included on the agenda of the April 2010 NOSB 

meeting. Public comments subsequent to this recommendation will be taken into 

consideration for the final board vote. 

IV. Committee Recommendation(s): 

The Crops Committee recommends the renewal of the following materials: 

 (4) Hydrogen peroxide. 

 (7) Soap-based algicide/demossers. 

Moved: Jeff M. Seconded: Tina E. Vote: 

Yes_6_No_0__Absent__1__Recuse__0__ 
I. I. List: § 205.601 Synthetic substances allowed for use in organic crop 

production. 

II. Category Use 

(b) As herbicides, weed barriers, as applicable. 

III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, 

prior public testimony and comment, transcripts of past NOSB board meetings, 

and prior committee deliberations to make this recommendation. The Federal 

Register notice of the sunset of these materials has not been posted as of the 

final deadline for committee review to be included on the agenda of the April 

2010 NOSB meeting. Public comments subsequent to this recommendation will 

be taken into consideration for the final board vote. 

IV. Committee Recommendation

The Crops Committee recommends the renewal of the following materials in this 

use category: 

(1) Herbicides, soap-based—for use in farmstead maintenance (roadways, 

ditches, right of ways, building perimeters) and ornamental crops. 

Based on changes in coating and manufacturing technologies of paper and 

cardboard and plastic and the introduction into the market place of possible 

alternatives, the Crops Committee recommends deferring relisting decisions 

of the following until updated technical information is obtained: 

(2) Mulches. 

(i) Newspaper or other recycled paper, without glossy or colored inks. 

(ii) Plastic mulch and covers (petroleum-based other than polyvinyl chloride 

(PVC)). 

Moved: Barry Flamm Seconded: Tina Ellor 

Vote: Yes: 6; No: 0; Absent: 1; Recuse: 0 

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

production. 

II. Category Use 

(d) As animal repellents—Soaps, ammonium—for use as a large animal 

repellant only, no contact with soil or edible portion of crop. 
III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, 

prior public testimony and comment, transcripts of past NOSB board meetings, 

and prior committee deliberations to make this recommendation. The Federal 

Register notice of the sunset of these materials has not been posted as of the 

final deadline for committee review to be included on the agenda of the April 

2010 NOSB meeting. Public comments subsequent to this recommendation will 

be taken into consideration for the final board vote. 

IV. Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(d) As animal repellents—Soaps, ammonium—for use as a large animal 

repellant only, no contact with soil or edible portion of crop. 

Moved: Barry Flamm Seconded: John Foster 

Vote: Yes: 6; No: 0; Absent: 1; Recuse: 0 

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

production. 

II. Category Use 

(e) As insecticides (including acaricides or mite control). 

III. Committee Summary

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, prior 

public testimony and comment, transcripts of past NOSB board meetings, and prior 

committee deliberations to make this recommendation. During committee 

discussions for the relisting of sulfur issues regarding the purity of sulfur used 

came up. At the May 2009 NOSB meeting, the Board recommended adding on 

farm generation of sulfurous acid to the National List using 99% purity elemental 

sulfur. The Crops Committee would like to see the same purity standard be 

extended to other sulfur use categories. In discussing Boric Acid, taking into 

consideration changes in the industry in terms of application technologies; the 

committee would like to see a change considered in the current annotation to read 

‘in lures and baited traps only for structural pest control, not direct contact with 

organic food or crops. The committee would be interested in addressing a petition 

to that effect and to public comment regarding this change. The Federal Register 

notice of the sunset of these materials has not been posted as of the final deadline 

for committee review to be included on the agenda of the April 2010 NOSB 
meeting. Public comments subsequent to this recommendation will be taken into 

consideration for the final board vote. 

IV. Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(1) Ammonium carbonate—for use as bait in insect traps only, no direct 

contact with crop or soil. 

(2) Boric acid—structural pest control, no direct contact with organic food or 

crops. 

(3) Elemental sulfur. 

(4) Lime sulfur—including calcium polysulfide. 

(5) Oils, horticultural—narrow range oils as dormant, suffocating, and 

summer oils. 

(6) Soaps, insecticidal. 

(7) Sticky traps/barriers. 

(8) Sucrose octanoate esters (CAS #s—42922–74–7; 58064–47–4)—in 

accordance with approved labeling. 

Moved:Tina Ellor Seconded: Kevin Engelbert 

Vote: Yes: 6; No: 0; Absent: 1; Recuse: 0 

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

production. 

II. Category Use 

(i) As plant disease control. 

III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, 

prior public testimony and comment, transcripts of past NOSB board meetings, 

and prior committee deliberations to make this recommendation. During 

committee discussions for the relisting of sulfur issues regarding the purity of 

sulfur used came up. At the May 2009 NOSB meeting, the Board recommended 

adding on farm generation of sulfurous acid to the National List using 99% purity 

elemental sulfur. The Crops Committee would like to see the same purity 

standard be extended to other sulfur use categories. The Federal Register notice 

of the sunset of these materials has not been posted as of the final deadline for 

committee review to be included on the agenda of the April 2010 NOSB meeting. 
Public comments subsequent to this recommendation will be taken into 

consideration for the final board vote. 

IV. Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(3) Hydrated lime. 

(4) Hydrogen peroxide. 

(5) Lime sulfur. 

(6) Oils, horticultural, narrow range oils as dormant, suffocating, 

and summer oils. 

(8) Potassium bicarbonate. 

(9) Elemental sulfur. 

The EPA has recently reviewed copper containing compounds and the Crops 

Committee wanted to review that information before further deliberating on the 

relisting of Fixed Coppers and Copper Sulfate. There have been advances in 

development of alternatives for antibiotic use in control of fire blight and the crops 

committee felt it necessary to have updated technical information on alternative 

treatments to Streptomycin before completing the review of this material for 

sunset. The committee recommends deferring board vote on the following 

materials until updated technical information can be obtained: 

(1) Coppers, fixed—copper hydroxide, copper oxide, copper 

oxychloride, includes products exempted from EPA tolerance, 

Provided, That, copper-based materials must be used in a 

manner that minimizes accumulation in the soil and shall not be 

used as herbicides. 

(2) Copper sulfate—Substance must be used in a manner that 

minimizes accumulation of copper in the soil. 

(10) Streptomycin, for fire blight control in apples and pears only. 

Moved: Barry F. Seconded: Jeff M. Vote: Yes_6_No_0_Absent_1__Recuse_0__ 
I. List: § 205.601 Synthetic substances allowed for use in organic crop 

production. 

II. Category Use 

(j) As plant or soil amendments. 

III. Committee Summary 

In reviewing these materials for sunset, the Crops Committee used historical 

information in the form of TR’s, past committee and board recommendations, 

prior public testimony and comment, transcripts of past NOSB board meetings, 

and prior committee deliberations to make this recommendation. During 

committee discussions for the relisting of sulfur issues regarding the purity of 

sulfur used came up. At the May 2009 NOSB meeting, the Board recommended 

adding on farm generation of sulfurous acid to the National List using 99% purity 

elemental sulfur. The Crops Committee would like to see the same purity 

standard be extended to other sulfur use categories. In discussing 

micronutrients, taking into consideration their large use, the committee would like 

to see the adoption of an annotation to ensure full assessments and analysis to 

establish the specific need for these materials, with attention to the site's existing 

soil fertility program, natural fertilization practices, and alternative nonsynthetic 

materials. The Federal Register notice of the sunset of these materials has not 

been posted as of the final deadline for committee review to be included on the 

agenda of the April 2010 NOSB meeting. Public comments subsequent to this 

recommendation will be taken into consideration for the final board vote. 

IV. Committee Recommendation 

The Crops Committee recommends the renewal of the following materials: 

(1) Aquatic plant extracts (other than hydrolyzed)—Extraction process 

is limited to the use of potassium hydroxide or sodium hydroxide; 

solvent amount used is limited to that amount necessary for 

extraction. 

(2) Elemental sulfur. 

(3) Humic acids—naturally occurring deposits, water and alkali extracts 

only. 

(6) Micronutrients—not to be used as a defoliant, herbicide, or 

desiccant. Those made from nitrates or chlorides are not allowed. 

Soil deficiency must be documented by testing. 

(i) Soluble boron products. 

(ii) Sulfates, carbonates, oxides, or silicates of zinc, copper, iron, 

manganese, molybdenum, selenium, and cobalt. 
(7) Liquid fish products—can be pH adjusted with sulfuric, citric or 

phosphoric acid. The amount of acid used shall not exceed the 

minimum needed to lower the pH to 3.5. 

(8) Vitamins, B1, C, and E. 

Moved: Tina Ellor Seconded: Kevin Engelbert 

Vote: Yes: 6; No: 0; Absent: 1; Recuse: 0 

Respectfully submitted, 

Tina Ellor 

Crops Committee Chair