National Organic Program

1400 Independence Avenue, SW

Room 2642-South, STOP 0268

Washington, DC 20250-0268

Page 1 of 5

January 17, 2024

MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD

FROM: Jennifer Tucker, Ph.D.

Deputy Administrator

National Organic Program (NOP) 

SUBJECT: Response to National Organic Standards Board Recommendations

(Fall 2023 Meeting)

Background

This memorandum responds to recommendations from the National Organic Standards Board 

(NOSB) to the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), 

National Organic Program (NOP) at its meeting in Providence, Rhode Island from October 24-

26, 2023. This memo also provides an update on NOP’s current and upcoming regulatory 

priorities.

Summary of Recommendations and AMS Responses

• Petitioned Substances

The NOSB reviewed three petitions to the National List of Allowed and Prohibited 

Substances (National List), a section of the USDA organic regulations that includes synthetic 

substances allowed in organic crop and livestock production, nonsynthetic substances 

prohibited in organic crop and livestock production, and non-organic substances allowed in 

organic handling. The NOSB did not recommend any amendments to the National List.

Substance Section of Organic 

Regulations

NOSB Recommendation

Potassium Sorbate Crops

§ 205.601

Classified as synthetic; the NOSB did not recommend 

adding this substance to the National List.

Magnesium Carbonate Handling

§ 205.605

Presented for discussion only. The NOSB will review

this petition at a future meeting.

Magnesium Carbonate 

Hydroxide

Handling

§ 205.605

Presented for discussion only. The NOSB will review 

this petition at a future meeting.

AMS Response: AMS thanks the NOSB for its continued work reviewing petitions.
Page 2 of 5

• Oversight Improvements to Deter Fraud – Consistent Location Identification

The NOSB recommended that NOP advise certifiers to record consistent location 

information that can lead to global positioning system (GPS) coordinates of all applicants for 

certification and certified operations (parcels, production units, handling locations, etc.).

Consistent location information would streamline inspection activities and allow easier 

internal information sharing among the operator, certifier, and inspectors.

AMS Response: AMS thanks the NOSB for its continued work on oversight improvements.

NOP is currently exploring whether it can integrate this information into the Organic 

Integrity Database and how to communicate that information to certifiers and operations.

• 2023 Research Priorities

The NOSB recommended initiating integrated research that considers the whole farm system,

recognizing the interplay of agroecology, the surrounding environment, and both native and

farmed species of plants and animals. Building upon the 2022 list, the NOSB organized crop 

priorities into “inputs,” “contaminants,” and “systems” categories; and added new research 

priorities.

AMS Response: AMS is reviewing the NOSB’s recommendation and will share it with

USDA’s National Institute of Food and Agriculture and the Agricultural Research Service.

• Sunset Review - Not Recommended for Removal. The NOSB completed its sunset review 

for the following substances currently scheduled to sunset in 2025. The Board did not

recommend removing these substances; they will remain on the National List as substances 

allowed for use in organic production and handling. 

Substance National List Section Scope

Alcohols: Ethanol § 205.601(a)(1)(i) Crops

Alcohols: Isopropanol § 205.601(a)(1)(ii) Crops

Sodium carbonate peroxyhydrate (CAS # 15630-89-4) § 205.601(a)(8) Crops

Newspaper or other recycled paper, without glossy or 

colored inks

§ 205.601(b)(2)(i) & 

§ 205.601(c)

Crops

Plastic mulch and covers § 205.601(b)(2)(ii) Crops

Aqueous potassium silicate (CAS # 1312-76-1) § 205.601(e)(2) &

§ 205.601(i)(1)

Crops

Elemental sulfur § 205.601(e)(5),

§ 205.601(i)(10), &

§ 205.601(j)(2)

Crops

Lime sulfur § 205.601(e)(6) &

§ 205.601(i)(6)

Crops

Hydrated lime § 205.601(i)(4) Crops

Liquid fish products § 205.601(j)(8) Crops

Sulfurous acid (CAS # 7782-99-2) § 205.601(j)(11) Crops
Page 3 of 5

Substance National List Section Scope

Ethylene gas § 205.601(k)(1) Crops

Microcrystalline cheesewax § 205.601(o)(1) Crops

Potassium chloride § 205.602(e) Crops

Alcohols: Ethanol § 205.603(a)(1)(i) Livestock

Alcohols: Isopropanol § 205.603(a)(1)(ii) Livestock

Aspirin § 205.603(a)(2) Livestock

Biologics - Vaccines § 205.603(a)(4) Livestock

Electrolytes § 205.603(a)(11) Livestock

Glycerin § 205.603(a)(14) Livestock

Phosphoric acid § 205.603(a)(25) Livestock

Lime, hydrated § 205.603(b)(6) Livestock

Mineral oil § 205.603(b)(7) Livestock

Calcium carbonate § 205.605(a)(6) Handling

Flavors § 205.605(a)(12) Handling

Gellan gum (CAS # 71010-52-1) § 205.605(a)(13) Handling

Oxygen § 205.605(a)(21) Handling

Potassium chloride § 205.605(a)(23) Handling

Alginates § 205.605(b)(3) Handling

Calcium hydroxide § 205.605(b)(8) Handling

Ethylene § 205.605(b)(14) Handling

Glycerides (mono and di) § 205.605(b)(16) Handling

Magnesium stearate § 205.605(b)(19) Handling

Phosphoric acid § 205.605(b)(23) Handling

Potassium carbonate § 205.605(b)(24) Handling

Sulfur dioxide § 205.605(b)(35) Handling

Xanthan gum § 205.605(b)(37) Handling

Fructooligosaccharides § 205.606(g) Handling

Gums (Arabic; Guar; Locust bean; and Carob bean) § 205.606(j) Handling

Lecithin – de-oiled § 205.606(l) Handling

Tamarind seed gum § 205.606(r) Handling

Tragacanth gum (CAS # 9000-65-1) § 205.606(s) Handling
Page 4 of 5

AMS response: AMS thanks the NOSB for its review of these substances. AMS will prepare a 

Federal Register Notice to renew (i.e., relist) these materials on the National List for five 

additional years.

NOP Regulatory Priorities Summary

NOP has continued to advance key rulemaking actions. Since the Spring 2023 NOSB Meeting, 

NOP has published the following rules:

• A National List correction removing whey protein concentrate on May 25, 2023.

• A final rule on Organic Livestock and Poultry Standards (OLPS) on November 2, 2023.

• A notice to extend and revise the National Organic Program’s previously approved 

information collection on November 21, 2023.

NOP’s current regulatory priorities include:

• Continuing to develop and roll out external-facing communications and training materials 

on Strengthening Organic Enforcement (SOE), Origin of Livestock (OOL), and Organic 

Livestock and Poultry Standards (OLPS). Working with certifiers and trade on the 

implementation of SOE is of particular focus, as this rule has many provisions to protect 

organic integrity across supply chains. NOP is investing significant resources to conduct 

outreach and to update its control systems to effectively implement the rule. 

• Parts of the National Organic Program Handbook: Guidance and Instructions for 

Accredited Certifying Agents and Certified Operations are being updated as a result of 

publishing and implementing SOE. The NOP is actively working towards revising

portions of the Handbook to align with changes that SOE made to the USDA organic 

regulations.

• The Market Development proposed rule to create organic standards for mushrooms and 

pet food. The proposed rule is currently in review within USDA. 

• Continuing work on a proposed rule to address the NOSB’s Fall 2021 and Spring 2022 

recommendations related to nitrogen fertilizers in crop production. In accordance with 

section 6517(2) of the Organic Foods Production Act (OFPA), the NOP must consult 

with Health and Human Services and the Environmental Protection Agency (EPA) to 

prohibit a natural substance from organic production. NOP is awaiting input from the 

EPA regarding this substance before implementing this recommendation. We will 

prioritize this action once we receive feedback from EPA. 

• Working with NOSB to determine future rulemaking options on Inert Ingredients in 

Pesticides for Organic Production. In a June 23, 2023 memo, the NOP asked the NOSB 

to finalize a recommendation for rulemaking by the Fall 2024 meeting.

In addition to these rules, the NOP is continuing to research and discuss the following topics 

raised by the community as priorities of interest.

• Consumer-Facing Educational Materials: NOP is developing a toolkit of consumerfacing materials that retailers and others can display throughout their stores and online 
Page 5 of 5

marketplaces to raise awareness of the organic label and its attributes. The graphics and 

messaging focus on NOP’s process of regulating, enforcing, and tracing organic products 

across the supply chain. 

• Containers/Hydroponics: This topic continues to be a priority for many stakeholders, 

who note that inconsistent certification and enforcement has caused confusion among the 

certifier and producer communities. Now that litigation related to this topic has closed, 

AMS continues to discuss possible next steps on this topic.

Rules on apiculture and aquaculture are currently listed as long-term action items on the Office 

of Management and Budget (OMB) Fall 2023 Unified Regulatory Agenda. The NOP does not 

currently have a timeline for initiating these rules.

NOP will continue to keep the community updated with advances in rule writing using the 

following methods:

• Regular program updates to NOSB presented during the biannual, public meetings. These 

updates are also posted in the Organic Integrity Learning Center;

• Sending memorandums to the NOSB following each public Board meeting. These are 

also posted on the NOP web site;

• Regular updates to the existing NOSB Recommendations Library document that is posted

on the AMS website, with explanations of changes where appropriate; and

• The OMB Unified Regulatory Agenda, issued twice a year, lists rules that the 

Administration plans to advance.

NOP thanks the community, the Board, and stakeholders for their valuable input into its work 

and priorities, NOP looks forward to continued collaboration to develop new standards and 

protect the integrity of the organic seal.

Summary

AMS acknowledges and sincerely appreciates the many hours NOSB devoted to developing its 

recommendations. AMS supports NOSB’s vital role in representing the diversity of the organic 

community and ensuring organic integrity.

AMS thanks Francie Tolle (Director of the Product Administration & Standards Division at the 

USDA Risk Management Agency) for presenting an update on the Federal Crop Insurance 

program at the meeting. AMS also thanks the Transition to Organic Partnership Program (TOPP) 

participants that presented information about organic agriculture in the Northeast region of the 

United States, including: Diana Kobus, Dr. Kaia Shivers, Devon Cornia, Teresa Downey, Laura 

Davis, Chris Grigsby, Theodore Tomao, Jeremy Pelletier, Brent Wills, Spencer Moss, and Nicole 

Dehne.

AMS thanks Nate Powell-Palm for serving as the Chair of the NOSB, Mindee Jeffery for serving 

as Vice Chair, and Amy Bruch for serving as Secretary. AMS congratulates Kyla Smith on her 

appointment as Chair, Amy Bruch for her appointment as Vice Chair, and Nate Lewis on his 

appointment as Secretary.