United States Department of Agriculture 1400 Independence Avenue S.W. Policy Memo 14-1

Agricultural Marketing Service Room 2648-South Building Page 1 of 2

National Organic Program Washington, DC 20250

PM 14-1 Aquatic Plant Extracts Rev03 03 20 24 Authorized Distribution: Public

Policy Memorandum

To: Stakeholders and Interested Parties

From: Miles V. McEvoy, Deputy Administrator

Subject: Aquatic Plant Extracts

Date: Approved on March 12, 2014

Links Updated March 20, 2024

This memorandum corrects a previous National Organic Program (NOP) interpretation on the 

allowance of synthetic acids for pH adjustment of aquatic plant extracts for crop production

under the USDA organic regulations (7 CFR Part 205).

Issue:

On December 9, 2013, the NOP issued a memorandum to the National Organic Standards Board 

(NOSB) requesting that the NOSB add to its workplan a 2002 petition for the use of phosphoric 

acid in organic crop production. This action was needed to rescind a letter the NOP issued on 

February 6, 2004, which incorrectly stated that phosphoric acid did not need to be petitioned 

because the restrictions for aquatic plant extracts on the National List of Allowed and Prohibited 

Substances (National List) did not prohibit its use.

On January 14, 2014, the petitioner voluntarily withdrew the 2002 petition. In accordance with 

the procedures for petition withdrawals, no further action is needed by the NOSB on this 

petition.

Since the petition has been withdrawn and the NOSB has not issued a recommendation on the 

use of phosphoric acid, this policy clarifies the status of aquatic plant extract products.

Policy:

Since the petition for phosphoric acid has been withdrawn, the use of phosphoric acid and other 

synthetic acids for pH adjustment of aquatic plant extracts is prohibited under the annotation for 

aquatic plant extracts at section 205.601(j)(1) of the National List. As such, the 2004 NOP letter

about this issue is no longer valid.

Certifiers and material evaluation programs may need to take steps to ensure that previouslyapproved aquatic plant extract products comply with the annotation at section 205.601(j)(1) of 

the National List. Products previously approved on the basis of the 2004 NOP letter must be 

phased out from use no later than March 12, 2015. Use of aquatic plant extract products for
United States Department of Agriculture 1400 Independence Avenue S.W. Policy Memo 14-1

Agricultural Marketing Service Room 2648-South Building Page 2 of 2

National Organic Program Washington, DC 20250

PM 14-1 Aquatic Plant Extracts Rev03 03 20 24 Authorized Distribution: Public

organic crop production that contain phosphoric acid or other synthetic acids after March 12, 

2015 may constitute the use of a prohibited substance, which could jeopardize the organic status 

of the operation, including land and products.

Any party interested in further consideration of phosphoric acid or other synthetic acids for pH 

adjustment of aquatic plant extracts should submit a new petition according to the current 

National List petition procedures.

References:

USDA Organic Regulations (7 CFR Part 205)

7 CFR 205.601 Synthetic substances allowed for use in organic crop production.

Memorandum to the National Organic Standards Board

Review of National List Petition for Phosphoric Acid, December 9, 2013

NOSB Policy and Procedures Manual

Handling Withdrawals of Petitions by the Petitioner

National Organic Standards Board Policy and Procedures Manual

National List Petition Procedures

https://www.ams.usda.gov/rules-regulations/organic/national-list/filing-petition