Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

 

Date: October 28, 2010 

Subject: Colors derived from agricultural products – Annotation Change 

Chair: Daniel G. Giacomini 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action X 

Guidance Statement 

Other 

 

Statement of the Recommendation (Including Recount of Vote): 

 

Colors derived from agricultural products were listed on §205.606 in June 

2007. Since then it has come to the attention of the Handling Committee that 

there may be confusion as to whether synthetic solvents may be used to 

extract some of these colors and whether use of synthetic solvents in the 

preparation of the colors listed on §205.606 was within the original intent of the 

listing. After review, the Handling Committee believes the use of synthetic 

solvents for extraction did not fall within the original review of the Handling 

Committee or NOSB. 

Since there does seem to be some confusion as to the original intent of the 

listing, the Handling Committee recommended that the annotation for Colors 

derived from agricultural products on §205.606 be changed as shown in the 

attached recommendation. No comments were received during the meeting 

that disagreed with the committee’s recommendation; two comments were 

received in support of the recommendation. 

The NOSB voted to recommend changing the annotation for Colors derived 

from agricultural products on §205.606 with 14 voting yes and 0 no votes. 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

 

NOSB Vote: 

Moved: Katrina Heinze Second: Steve DeMuri 

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0 
Recommendation for Annotation Change on § 205.606 

for Colors Derived From Agricultural Products 

August 17, 2010

Page 2 of 4

National Organic Standards Board 

Handling Committee 

Recommendation for Annotation Change on § 205.606 

For Colors Derived From Agricultural Products 

August 17, 2010 

List: National Organic Program Subpart G: The National List of Allowed and Prohibited 

Substances. §205.606 Nonorganically produced agricultural products allowed as 

ingredients in or on processed products labeled as “organic. 

 

(d) Colors derived from agricultural products 

Committee Summary 

The following colors are on section §205.606 of the National List (Federal Register Vol. 72, 

#123, June 27, 2007): 

1. Annatto extract color (pigment CAS # 1393–63–1)—water and oil soluble. 

2. Beet juice extract color (pigment CAS # 7659–95–2). 

3. Beta-Carotene extract color from carrots (CAS # 1393–63–1). 

4. Black currant juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–

0, 1429–30–7, and 134–04–3). 

5. Black/Purple carrot juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3). 

6. Blueberry juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 

1429–30–7, and 134–04–3). 

7. Carrot juice color (pigment CAS # 1393–63–1). 

8. Cherry juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 

1429–30–7, and 134–04–3). 

9. Chokeberry—Aronia juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 

134–01–0, 1429–30–7, and 134–04–3). 

10. Elderberry juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 

1429–30–7, and 134–04–3). 

11. Grape juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–0, 

1429–30–7, and 134–04–3). 

12. Grape skin extract color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–

0, 1429–30–7, and 134–04–3). 

13. Paprika color—dried powder and vegetable oil extract (CAS # 68917–78–2). 

14. Pumpkin juice color (pigment CAS # 127–40–2). 
Recommendation for Annotation Change on § 205.606 

for Colors Derived From Agricultural Products 

August 17, 2010

Page 3 of 4

15. Purple potato juice color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–

01–0, 1429–30–7, and 134–04–3). 

16. Red cabbage extract color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–

01–0, 1429–30–7, and 134–04–3). 

17. Red radish extract color (pigment CAS #’s: 528–58–5, 528–53–0, 643–84–5, 134–01–

0, 1429–30–7, and 134–04–3). 

18. Saffron extract color (pigment CAS # 1393–63–1). 

19. Turmeric extract color (CAS # 458–37–7). 

These nineteen colors were added to section §205.606 of the National List after the 

§205.605(a) listing of Colors -- nonsynthetic only was allowed to sunset off the National List. 

The ‘sunsetting’ of colors from §205.605(a) resulted in a number of petitions for listing of 

various colors on §205.606. The Handling Committee of the NOSB reviewed each of these 

petitions and made recommendations to list each on the National List. Of those petitions, 

these nineteen colors were recommended for listing by the NOSB at the March 2007 NOSB 

meeting. 

Annotations for several of the colors were discussed in detail at that meeting. For each of the 

nineteen colors recommended for listing, either oil or water extraction plus physical processing 

(e.g., cutting, grinding, drying) was listed as the manufacturing process. For ten of the colors 

the petitioner specifically identified that 1) the extraction process was a physical process, 2) 

water, invert sugar and citric acid may be added during manufacturing, 3) the color was not 

formulated or processed with any synthetic adjuvant or aid and 4) no chemical solvents were 

used in processing. Additionally, this petitioner provided evidence that their manufacturing 

process was certified organic to the National Organic Program regulations even though the 

raw material color input was not. The other nine petitions did not indicate that solvents beyond 

water or oil were used. This was strongly supported by public comment during the March 2007 

NOSB meeting. 

For two colors, annatto and paprika, the Handling Committee originally recommended that oil 

extraction be restricted to using organic oil. In both cases, this annotation was deemed too 

restrictive and was not included in the final recommendation. A quote from the March 2007 

meeting transcripts best captures this perspective, “Annotations restrict the use of materials 

that come in a variety of ways to the ones which are acceptable to be used in organic 

production. It is not used to designate how things get produced. Oil, organic oil crossed that 

line. If you wanted to say oil production as opposed to water production, both of those are 

available, and if you were narrowing in on one that's acceptable, that's appropriate, but this is 

imposing organic regulations on a nonorganic world.” It was this perspective that only 

annotations which limited which available nonorganic materials could be used but did not 

impose additional organic restrictions on nonorganic materials that kept the NOSB during the 

March 2007 meeting from adding additional annotations restricting how the colors were 

extracted. 

Since the March 2007 meeting, it has come to the attention of the Handling Committee that 

there may be confusion as to whether synthetic solvents may be used to extract some of these 

colors and whether use of synthetic solvents in the preparation of the colors listed on §205.606 
Recommendation for Annotation Change on § 205.606 

for Colors Derived From Agricultural Products 

August 17, 2010

Page 4 of 4

was within the original intent of the listing. After reviewing transcripts from the March 2007 

meeting, petitions, committee recommendations, the Handling Committee believes the use of 

synthetic solvents for extraction did not fall within the original review of the Handling 

Committee or NOSB. Specifically, none of the colors that were reviewed included synthetic 

solvent extraction as a possible manufacturing process. The Handling Committee further 

believes that the use of synthetic solvents for extraction of these colors is not necessary since 

each of the colors was petitioned as available in the marketplace without synthetic solvent 

extraction. 

Since there does seem to be some confusion as to the original intent of the listing, the 

Handling Committee is recommending that the annotation for Colors derived from agricultural 

products on §205.606 be changed to the following: 

(d) Colors derived from agricultural products – Must not be produced using synthetic solvents 

and carrier systems or any artificial preservative. 

This annotation is identical to the annotation for flavors listed on §205.605(a). 

Committee Recommendations 

The Handling Committee recommends that the annotation for Colors derived from agricultural 

products be changed and that the new listing on §205.606 be: 

(d) Colors derived from agricultural products – Must not be produced using synthetic solvents 

and carrier systems or any artificial preservative. 

Committee Vote 

Motion: Katrina Heinze Second: Steve DeMuri 

Yes: 5 No: 0 Abstain: 0 Absent: 2