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February 21, 2019

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 2018

Meeting)

Background

This memorandum responds to the National Organic Standards Board (NOSB) recommendations

to the Secretary made at its meeting in St. Paul, Minnesota, October 24-26, 2018.

Summary of Recommendations and AMS Responses

1. Petitioned Substances and Related Recommendations. The NOSB recommended three

amendments to the National List of Allowed and Prohibited Substances (National List). This 

section of the U.S. Department of Agriculture (USDA) organic regulations includes synthetic 

substances allowed in crop and livestock production, nonsynthetic substances prohibited in 

crop and livestock production, and non-organic substances allowed in the handling of organic 

products.

Substance Section of Organic 

Regulations

NOSB Recommendation

Tamarind seed gum, 

limited to non-acid 

hydrolyzed forms

Handling

§ 205.606

Classified as agricultural; 

recommended for addition to 

the National List

Sodium citrate, for use as 

an anticoagulant in the 

production of blood meal

Crops

§ 205.601

Classified as synthetic; 

recommended for addition to 

the National List

Natamycin Crops

§ 205.602

Classified as nonsynthetic; 

recommended for addition to 

the National List

AMS Response: AMS is reviewing the NOSB’s three National List recommendations listed

above.
MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

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2. Research Priorities. The NOSB recommended that integrated research be undertaken with 

consideration of the whole farm system, recognizing the interplay of agroecology, the 

surrounding environment, and both native and farmed species of plants and animals. The 

NOSB’s 2018 research priority areas include livestock, crops, coexistence with genetic 

engineering (GE) and organic crops, and food handling and processing.

AMS Response: AMS is reviewing the NOSB’s recommendation.

3. Excluded Methods Determinations. The NOSB recommended that embryo rescue in plants 

not be considered an excluded method for organic production.

AMS Response: AMS is reviewing the NOSB’s recommendation.

4. Developing Criteria for Risk-based Accreditation Oversight. The NOSB recommended 

that AMS incorporate specific risk factors identified in their proposal into its oversight 

activities. Oversight activities include on-site and desk audit activities of the certifier in 

primary and satellite offices, as well as on-site audits of inspection procedures. The proposal 

identified thirteen factors contributing to a certifier’s risk and provided means of addressing 

each perceived risk factor.

AMS Response: AMS is reviewing the NOSB’s recommendation.

5. Training and Oversight of Inspector and Certification Review Personnel. The NOSB 

provided recommendations for training inspectors and certification review personnel in order 

to improve oversight, compliance and enforcement of the USDA organic regulations. The 

NOSB recommendations identified specific subject areas and specific skills needed to

address the challenges of tracking diverse organic products through an increasingly complex 

supply chain. The NOSB requested that the specific areas of training be incorporated into the 

USDA online learning management system.

AMS Response: AMS is reviewing the NOSB’s recommendation. AMS plans to launch the 

new Organic Integrity Learning Center in Spring 2019. 

6. Strengthening the Organic Seed Guidance. The NOSB recommended that AMS amend 

7 CFR 205.204(a)(1) to include subparagraph (i) as follows:

“Improvement in searching, sourcing, and use of organic seed/planting stock must be 

demonstrated every year with the goal of achieving full compliance in the use of only 

organic seed/planting stock.”

The modification is intended to provide a clear goal of full compliance while retaining the 

allowance of nonorganic seed and planting stock when it is demonstrated that an equivalent 

organic variety is not available. The NOSB also recommended that AMS amend NOP 5029 

(Guidance - Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production) to 
MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

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provide clearer direction to certifying agents regarding the requirement to use organic seed 

when commercially available.

AMS Response: AMS is reviewing the NOSB’s recommendation.

7. Resolution: Issuing Origin of Livestock Final Rule. The NOSB unanimously adopted a 

resolution regarding the 2015 USDA proposed rule on origin of livestock. The resolutions 

states, “Therefore, be it resolved by unanimous vote, the National Organic Standards 

Board—as USDA’s Federal Advisory Board on organic issues and representing organic 

farmers, ranchers, processors, retailers and consumers—urges the Secretary to directly issue 

a final rule for Origin of Livestock that incorporates public comments submitted in response 

to the Proposed Rule (Docket Number AMS-NOP-11-0009).”

AMS Response: AMS is reviewing the NOSB’s resolution. 

8. Resolution: Continued Use of Paper Pots. The NOSB received a petition for the addition 

of plant pot or growing container - hemp paper or other paper, without glossy or colored inks 

to section 205.601 of the National List. The NOSB unanimously adopted a resolution 

regarding the use of paper pots in organic crop production while the petition continues 

through the review process. The resolutions states, “Therefore, be it resolved by unanimous 

vote, to ensure a full and timely review of paper pots we request the NOP allow the 

continued use of paper pots while this review and potential rulemaking proceed. We believe 

the interpretation offered in this resolution allows the program to take this path while 

maintaining fidelity to the existing regulations that the program is charged with protecting.”

AMS Response: AMS has considered the NOSB’s resolution on paper pots and the public 

comments presented on the matter in conjunction with the Fall 2018 NOSB meeting. On 

November 5, 2018, AMS sent certifying agents notification that the allowed use of paper pots 

is extended until further notice.

9. Sunset Review—Recommendations for Removal. The NOSB recommended that sucrose 

octanoate esters be removed from the National List (§§ 205.601 and 205.603).

The recommendation follows the Board’s completion of the sunset review for this substance 

that sunsets on March 15, 2022. The NOSB completed their sunset review of this substance 

early to distribute the sunset review workload (see NOSB’s Fall 2016 recommendation). The 

Board requested that substances undergoing early sunset review remain on the National list 

until their sunset date (for sunset dates see NOP 5611 National List Sunset Dates).

AMS Response: AMS is reviewing the Board’s recommendations to remove sucrose 

octanoate esters from the National List.

10. Sunset Review—Not Recommended for Removal. The NOSB completed its sunset review 

of the substances in the following table. The Board did not recommend that these substances 

be removed from the National List. With the exception of sodium carbonate peroxyhydrate, 

aqueous potassium silicate, sulfurous acid, tragacanth gum, and gellan gum which sunset in 
MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

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2020, the substances were scheduled to sunset in 2022. The NOSB completed the sunset 

reviews for sunset 2022 substances early to distribute the sunset review workload (see 

NOSB’s Fall 2016 recommendation). 

Substance Use National List 

Section

Alcohols: Ethanol Crop production

Livestock production

205.601(a)

205.603(a)

Alcohols: Isopropanol Crop production

Livestock production

205.601(a)

205.603(a)

Sodium carbonate peroxyhydrate Crop production 205.601(a)

Newspaper or other recycled paper Crop production 205.601(b)

Plastic mulch and covers Crop production 205.601(b)

Aqueous potassium silicate Crop production 205.601(e)

205.601(i)

Elemental sulfur Crop production 205.601(e)

205.601(i)

205.601(j)

Lime sulfur Crop production 205.601(e)

205.601(i)

Hydrated lime Crop production 205.601(i)

Liquid fish products Crop production 205.601(j)

Sulfurous acid Crop production 205.601(j)

Ethylene Crop production

Handling

205.601(k)

205.605(b)

Microcrystalline cheesewax Crop production 205.601(o)

Potassium chloride Crop production 205.602(e)

Aspirin Livestock production 205.603(a)

Biologics—Vaccines Livestock production 205.603(a)

Electrolytes Livestock production 205.603(a)
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Glycerin Livestock production 205.603(a)

Phosphoric acid Livestock production 205.603(a)

Lime, hydrated Livestock production 205.603(b)

Mineral oil Livestock production 205.603(b)

Calcium carbonate Handling 205.605(a)

Flavors Handling 205.605(a)

Gellan gum Handling 205.605(a)

Oxygen Handling 205.605(a)

Potassium chloride Handling 205.605(a)

Alginates Handling 205.605(b)

Calcium hydroxide Handling 205.605(b)

Glycerides (mono and di) Handling 205.605(b)

Magnesium stearate Handling 205.605(b)

Phosphoric acid Handling 205.605(b)

Potassium carbonate Handling 205.605(b)

Sulfur dioxide Handling 205.605(b)

Xanthan gum Handling 205.605(b)

Fructooligosaccharides Handling 205.606(e)

Gums (Arabic; Guar; Locust bean; and 

Carob bean)

Handling 205.606(g)

Lecithin—de-oiled Handling 205.606(k)

Tragacanth gum Handling 205.606(q)

AMS response: AMS is reviewing the NOSB’s sunset reviews of the National List substances in 

the table above.

Summary

AMS acknowledges and sincerely appreciates the many hours NOSB members provided in 

developing its recommendations. AMS supports NOSB’s vital role in representing the diversity

of the organic community and ensuring organic integrity.
MEMORANDUM TO THE NATIONAL ORGANIC STANDARDS BOARD 

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AMS thanks Tom Chapman for his years of service as NOSB Chair and looks forward to 

working with the new NOSB leadership.