Formal Recommendation 

From: National Organic Standards Board (NOSB)

To: the National Organic Program (NOP)

Date: November 18, 2016

Subject: Sunset Review Efficient Work Load Reorganization

NOSB Chair: Tracy Favre

The NOSB hereby recommends to the NOP the following: (mark with an X)

Rulemaking Action: 

Guidance Statement:

Other: X

Statement of the Recommendation: 

The board unanimously passed this proposal to impartially and efficiently redistribute material 

reviews across several years. This should lead to efficient and reasonable use of resources and 

board time. 

Rationale Supporting Recommendation (including consistency with OFPA and Organic 

Regulations): 

This recommendation is compliant with 7 U.S.C. 6517(e), requiring NOSB review of all National 

List substances “within 5 years” of adoption or review and renewal. 

NOSB Vote: 

Motion: 

Motion to accept this proposal on Sunset Review Efficient Work Load Reorganization

Motion by: Tom Chapman

Seconded by: Jean Richardson

Yes: 14 No: 0 Abstain: 0 Absent: 1 Recuse: 0

Motion Passed
National Organic Standards Board

Policy Development Subcommittee Proposal

Sunset Review - Efficient Work Load Reorganization 

August 9, 2016

INTRODUCTION:

At present, the National Organic Standards Board (NOSB) conducts sunset reviews of materials according to 

the same schedule that the materials were added to the National List. Since the majority of materials on 

the National List were first included when the organic regulations were published in 2002, the number of 

materials reviewed each year by the NOSB is radically disproportionate. The peak of required reviews 

occurs in the 2/7 review cycle1 (2022/2027) with 187 material listings (estimated), and corresponds to the 

date that most materials were added on the National List with the promulgation of the final rule in 2002. In 

contrast the 4/9 cycle (2019/2024) which has only 1 material set for review. The sum of materials for all 

years other than the 2/7 cycle is 31 (estimated). Reviewing 196 materials in one year and 27 materials over 

4 years is an inefficient use of resources and board time.

BACKGROUND:

The National List identifies synthetic substances that may be used in organic production and nonsynthetic 

(natural) substances that may not be used. It also includes non-organic substances that may be used in or 

on processed organic products.

As provided for by the “sunset provision” of the Organic Foods Production Act, (OFPA) “No exemption or 

prohibition contained in the National List shall be valid unless the National Organic Standards Board has 

reviewed such exemption or prohibition...within 5 years of such exemption or prohibition being adopted or 

reviewed and the Secretary has renewed such exemption or prohibition (7 U.S.C. 6517(e)).” 

The National Organic Standards Board (NOSB) reviews materials on the National List on a schedule that 

ensures each material is reviewed prior to the end of this five-year period. By giving each material its due

consideration, the NOSB can offer recommendations to the Secretary (via USDA National Organic Program) 

as to whether materials should be removed from the National List. The review of each material can be 

significant, as it involves research (including completion of technical reports by a third party, upon NOSB’s 

request), debate among the NOSB, public comment periods, and public meetings. Public comment includes 

considerable time and resources by a wide array of stakeholders, including thousands of pages of detailed 

written reports for every material, often prepared in a very short period of time. The NOP currently allows 

for approximately two years for each material to complete the sunset review cycle; i.e. materials that 

“sunset” in 2018 are being considered in 2016 by the NOSB. 

 1 A Note of terminology used to talk about sunset review cycles. Sunset review cycles occur every five years 

in a predictable pattern. To facilitate brevity, in this document the review cycle will termed by the last year 

digits – so an item on the current 2018 sunset review would be part of the 3/8 sunset review cycle. 

Terminology used Current Sunset Cycle Next Sunset Review year

0/5 cycle 2020 (reviewed in 2018) 2025 (reviewed in 2023)

1/6 cycle 2021 (reviewed in 2019) 2026 (reviewed in 2024)

2/7 cycle 2022 (reviewed in 2020) 2027 (reviewed in 2025)

3/8 cycle 2018 (reviewed in 2016) 2023 (reviewed in 2021)

4/9 cycle 2019 (reviewed in 2017) 2024 (reviewed in 2022)
The advantages of a more even distribution of this work include: 

• More balanced attention for individual materials, regardless of the date it was added to the 

National List

• Predictable and balanced materials workload for NOSB

• Reduced strain on NOP in supporting the NOSB’s reviews during peak years, including coordination 

and review of technical reports and rulemaking actions

• Greater efficiencies in time and staff resources at NOP

• More reasonable number of items for the public to comment on in the limited time provided under 

the regulations.

Advancing the review of materials is the only way to resolve the distribution problem. Without any change, 

the disproportionate number of materials that sunset in 2017 will again come up for review in 2022. Since 

the review workload is lighter in all other years of the five year cycle than 2017, the NOSB could achieve an 

even load most quickly by advancing review as soon as possible after the 2017 materials have completed 

the renewal process.

RELEVANT AREAS OF OFPA:

No exemption or prohibition contained in the National List shall be valid unless the National Organic 

Standards Board has reviewed such exemption or prohibition...within 5 years of such exemption or 

prohibition being adopted or reviewed and the Secretary has renewed such exemption or prohibition (7 

U.S.C. 6517(e)).” 

DISCUSSION:

The following will be observed to complete early review of 2/7 sunset items: 

3/8 cycle excluded – Items will not be moved from the 2/7 to the 3/8 due to timing - items would need to 

be included in the 2016 review occurring concurrent to this discussion document. Additionally, items 

should be “reviewed” after the program has “renewed” items on the national list. This renewal step will 

take place no later than 3/17/2017 when the first 2017 material reached 5 years from its last renewal. 

Since reviews occur 2 years prior to the sunset review date, 2018 materials need to be reviewed prior to 

3/17/2017. 

Only materials on the 2/7 cycle are subject to early review- Only items from the 2/7 cycle are being 

evaluated for an early review. Items on other cycles will remain where they are even if an earlier review 

would led to a more efficient review. Since materials may be added or removed from the list in any year, a 

perfectly even work load in unrealistic. 

Materials voted for removal during 2016 and 2017 Sunset Review Excluded. Items voted for removal under 

the 2016 and 2017 sunset review are excluded from this process and accounting of materials since these 

materials should be removed from the National List prior to implementation of these proposals. 

Early Review – A list of the materials to be reviewed early are listed below as part of attachment A. 2/7 

cycle materials will be added to the work agenda in spring of each year prior to the review year by request 

of the PDS. All other materials will remain on their current timelines. The materials will then be referred to 

the respective subcommittees. Work will cease for any material whose sunset date is modified from the 

2/7 sunset cycle due to rulemaking, until such rulemaking, the subcommittees shall continue to work 

against the earlier review date. An early review of materials will be based on current information and 

known alternatives that are commercially available in the year they will be reviewed, and not on 

alternatives that may be available in 2022. If not mentioned below, sunset review shall occur along with 

the normal sunset materials for that cycle. 

Material Removals – Farmers, livestock operations and handling operations need to operate under a 

predictable business environment. These businesses are planning operations and researching new 
alternative materials on a 5-year cycle. Items reviewed early under the reorganization plan should be 

allowed to sunset on their original timeline in 2022. To do this, the NOSB will modify their sunset review 

documents to specify a 2022 removal and work in collaboration with the program to delay rulemaking until 

2022. 

Workload – Workload should be roughly evenly distributed amongst the 4 years. Materials should be split 

by subcommittee to even the workload of each subcommittee. Since materials may be added or removed 

from the list in any year, a perfectly even work load in unrealistic. 

Impartial and Efficient - The process of reorganization should be as impartial and non-political as possible 

while also being efficient. Similar items are grouped together (i.e. chlorine materials) as best as can be 

keeping in mind the restrictions above, and then sequentially distributed into each of the 4 years. Any 

grouping will be put in the year where the first item in the group is numbered. The PDS believes this 

proposal achieves efficiency by grouping like items for review, allowing for TRs to be coordinated across 

subcommittees and for reviews to take into account all facets of allowed usages across the organic 

industry. At the same time, the reorganization is impartial and blind to bias by using sequential reordering. 

Vote in Subcommittee

Motion to accept this proposal on Sunset review efficient work load reorganization

Motion by: Tom Chapman

Seconded by: Jean Richardson

Yes: 6 No: 0 Abstain: 0 Absent: 1 Recuse: 0
Attachment A

NL Section Substance Current 

Sunset Date

Sub 

Committee

Next Projected 

Sunset Year

Proposed Sunset 

Review Year

205.601(a) Calcium 

hypochlorite 6/27/2017 CS 2022 2019

205.601(a) Chlorine dioxide 6/27/2017 CS 2022 2019

205.601(a) Ethanol 6/27/2017 CS 2022 2020

205.601(a) Hydrogen 

peroxide 6/27/2017 CS 2022 2021

205.601(a) Isopropanol 6/27/2017 CS 2022 2020

205.601(a) Sodium 

hypochlorite 6/27/2017 CS 2022 2019

205.601(b) Herbicides, 

soap-based 6/27/2017 CS 2022 2019

205.601(b)

Newspaper or 

other recycled 

paper

6/27/2017 CS 2022 2020

205.601(b)

Plastic mulch 

and covers 

(petroleumbased other 

than 

polyvinylchlorid

e (PVC))

6/27/2017 CS 2022 2020

205.601(c)

Newspaper or 

other recycled 

paper

6/27/2017 CS 2022 2020

205.601(d) Soaps, 

ammonium 6/27/2017 CS 2022 2021

205.601(e) Boric acid 6/27/2017 CS 2022 2019

205.601(e) Elemental sulfur 6/27/2017 CS 2022 2020

205.601(e) Lime sulfur 6/27/2017 CS 2022 2020

205.601(e) Oils, 

horticultural 6/27/2017 CS 2022 2021

205.601(e) Sticky 

traps/barriers 6/27/2017 CS 2022 2019

205.601(e)

Sucrose 

octanoate 

esters

6/27/2017 CS 2022 2020

205.601(f) Pheromones 6/27/2017 CS 2022 2021

205.601(i) Copper sulfate 6/27/2017 CS 2022 2019

205.601(i) Coppers, fixed 6/27/2017 CS 2022 2019

205.601(i) Elemental sulfur 6/27/2017 CS 2022 2020

205.601(i) Hydrated lime 6/27/2017 CS 2022 2020

205.601(i) Hydrogen 

peroxide 6/27/2017 CS 2022 2021
205.601(i) Lime sulfur 6/27/2017 CS 2022 2020

205.601(i) Oils, 

horticultural 6/27/2017 CS 2022 2021

205.601(i) Potassium 

bicarbonate 6/27/2017 CS 2022 2021

205.601(j) Elemental sulfur 6/27/2017 CS 2022 2020

205.601(j) Humic acids 6/27/2017 CS 2022 2019

205.601(j) Liquid fish 

products 6/27/2017 CS 2022 2020

205.601(j) Magnesium 

sulfate 6/27/2017 CS 2022 2021

205.601(j) Soluble boron 

products 6/27/2017 CS 2022 2019

205.601(j)

Sulfates, 

carbonates, 

oxides, or 

silicates of zinc, 

copper, iron, 

manganese, 

molybdenum, 

selenium, and 

cobalt

6/27/2017 CS 2022 2019

205.601(j) Vitamin B1 6/27/2017 CS 2022 2019

205.601(j) Vitamin C 6/27/2017 CS 2022 2019

205.601(j) Vitamin E 6/27/2017 CS 2022 2019

205.601(k) Ethylene 6/27/2017 CS 2022 2020

205.601(l) Lignin sulfonate 6/27/2017 CS 2022 2021

205.601(o) Microcrystalline 

cheesewax 3/15/2017 CS 2022 2020

205.602(a) Ash from 

manure burning 6/27/2017 CS 2022 2021

205.602(d) Lead salts 6/27/2017 CS 2022 2019

205.602(e) Potassium 

chloride 6/27/2017 CS 2022 2020

205.602(f) Sodium 

fluoaluminate 6/27/2017 CS 2022 2021

205.602(i)

Tobacco dust 

(nicotine 

sulfate)

6/27/2017 CS 2022 2019

205.603(a) Aspirin 6/27/2017 LS 2022 2020

205.603(a) Atropine 6/27/2017 LS 2022 2021

205.603(a) Calcium 

hypochlorite 6/27/2017 LS 2022 2019

205.603(a) Chlorhexidine 6/27/2017 LS 2022 2019

205.603(a) Chlorine dioxide 6/27/2017 LS 2022 2019
205.603(a) Electrolytes 6/27/2017 LS 2022 2020

205.603(a) Ethanol 6/27/2017 LS 2022 2020

205.603(a) Fenbendazole 5/16/2017 LS 2022 2021

205.603(a) Glucose 6/27/2017 LS 2022 2019

205.603(a) Glycerine 6/27/2017 LS 2022 2020

205.603(a) Hydrogen 

peroxide 6/27/2017 LS 2022 2021

205.603(a) Iodine 6/27/2017 LS 2022 2021

205.603(a) Isopropanol 6/27/2017 LS 2022 2020

205.603(a) Ivermectin 6/27/2017 LS 2022 2021

205.603(a) Magnesium 

sulfate 6/27/2017 LS 2022 2021

205.603(a) Moxidectin 5/16/2017 LS 2022 2021

205.603(a) Oxytocin 6/27/2017 LS 2022 2019

205.603(a) Peracetic acid 6/27/2017 LS 2022 2021

205.603(a) Phosphoric acid 6/27/2017 LS 2022 2020

205.603(a) Sodium 

hypochlorite 6/27/2017 LS 2022 2019

205.603(a) Tolazoline 6/27/2017 LS 2022 2019

205.603(a) Vaccines 6/27/2017 LS 2022 2020

205.603(a) Xylazine 6/27/2017 LS 2022 2021

205.603(b) Copper sulfate 6/27/2017 LS 2022 2019

205.603(b) Hydrated lime 6/27/2017 LS 2022 2020

205.603(b) Iodine 6/27/2017 LS 2022 2021

205.603(b) Lidocaine 6/27/2017 LS 2022 2019

205.603(b) Mineral oil 6/27/2017 LS 2022 2020

205.603(b) Procaine 6/27/2017 LS 2022 2019

205.603(b)

Sucrose 

octanoate 

esters

6/27/2017 LS 2022 2020

205.603(d) Methionine 10/2/2017 LS 2022 2021

205.603(d) Trace minerals 6/27/2017 LS 2022 2021

205.603(d) Vitamins 6/27/2017 LS 2022 2021

205.605(a) Alginic acid 6/27/2017 HS 2022 2021

205.605(a) Attapulgite 8/3/2017 HS 2022 2019

205.605(a) Bentonite 6/27/2017 HS 2022 2019

205.605(a) Calcium 

carbonate 6/27/2017 HS 2022 2020

205.605(a) Calcium chloride 6/27/2017 HS 2022 2021

205.605(a) Citric acid 6/27/2017 HS 2022 2021

205.605(a) Dairy cultures 6/27/2017 HS 2022 2021

205.605(a) Diatomaceous 

earth 6/27/2017 HS 2022 2019

205.605(a) Enzymes 6/27/2017 HS 2022 2021

205.605(a) Flavors 6/27/2017 HS 2022 2020
205.605(a) Lactic acid 6/27/2017 HS 2022 2021

205.605(a) Magnesium 

sulfate 6/27/2017 HS 2022 2021

205.605(a) Nitrogen 6/27/2017 HS 2022 2019

205.605(a) Oxygen 6/27/2017 HS 2022 2020

205.605(a) Perlite 6/27/2017 HS 2022 2021

205.605(a) Potassium 

chloride 6/27/2017 HS 2022 2020

205.605(a) Potassium 

iodide 6/27/2017 HS 2022 2021

205.605(a) Sodium 

carbonate 6/27/2017 HS 2022 2019

205.605(a) Yeast 10/21/2017 HS 2022 2021

205.605(b) Acidified 

sodium chlorite 3/15/2017 HS 2022 2019

205.605(b) Alginates 6/27/2017 HS 2022 2020

205.605(b) Ascorbic acid 6/27/2017 HS 2022 2021

205.605(b) Calcium citrate 6/27/2017 HS 2022 2021

205.605(b) Calcium 

hydroxide 6/27/2017 HS 2022 2020

205.605(b) Calcium 

hypochlorite 6/27/2017 HS 2022 2019

205.605(b) Carbon dioxide 6/27/2017 HS 2022 2019

205.605(b) Chlorine dioxide 6/27/2017 HS 2022 2019

205.605(b) Diglycerides 6/27/2017 HS 2022 2020

205.605(b) Ethylene 6/27/2017 HS 2022 2020

205.605(b) Ferrous sulfate 6/27/2017 HS 2022 2021

205.605(b) Hydrogen 

peroxide 6/27/2017 HS 2022 2021

205.605(b) Magnesium 

chloride 6/27/2017 HS 2022 2019

205.605(b) Magnesium 

stearate 6/27/2017 HS 2022 2020

205.605(b) Monoglycerides 6/27/2017 HS 2022 2020

205.605(b)

Nutrient 

vitamins and 

minerals

10/21/2017 HS 2022 2021

205.605(b) Phosphoric acid 6/27/2017 HS 2022 2020

205.605(b) Potassium acid 

tartrate 6/27/2017 HS 2022 2019

205.605(b) Potassium 

carbonate 6/27/2017 HS 2022 2020

205.605(b) Potassium 

citrate 6/27/2017 HS 2022 2021

205.605(b) Potassium 

phosphate 6/27/2017 HS 2022 2021
205.605(b) Sodium citrate 6/27/2017 HS 2022 2021

205.605(b) Sodium 

hypochlorite 6/27/2017 HS 2022 2019

205.605(b) Sodium 

phosphates 6/27/2017 HS 2022 2019

205.605(b) Sulfur dioxide 6/27/2017 HS 2022 2020

205.605(b) Tocopherols 6/27/2017 HS 2022 2021

205.605(b) Xanthan gum 6/27/2017 HS 2022 2020

205.606 Arabic gum 6/27/2017 HS 2022 2020

205.606 Carob bean gum 6/27/2017 HS 2022 2020

205.606 Casings 6/27/2017 HS 2022 2019

205.606 Celery powder 6/27/2017 HS 2022 2021

205.606 Fish oil 6/27/2017 HS 2022 2021

205.606 Fructooligosacc

harides 6/27/2017 HS 2022 2020

205.606 Gelatin 6/27/2017 HS 2022 2021

205.606 Guar gum 6/27/2017 HS 2022 2020

205.606 Konjac flour 6/27/2017 HS 2022 2019

205.606 Lecithin

—de-

oiled 3/15/2017 HS 2022 2020

205.606 Locust bean 

gum 6/27/2017 HS 2022 2020

205.606 Orange pulp, 

dried 3/15/2017 HS 2022 2021

205.606 

Pectin (non-

amidated forms 

only)

6/27/2017 HS 2022 2019

205.606 Seaweed, Pacific 

kombu 3/15/2017 HS 2022 2021

205.606 

Wakame 

seaweed 

(Undaria 

pinnatifida)

6/27/2017 HS 2022 2021