Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

 

Date: October 28, 2010 

Subject: Reaffirmation of Sunset recommendations for 205.605 (a) & (b) 

and 205.606 materials from April 2010 NOSB Meeting 

Chair: Daniel G. Giacomini 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action X 

 

Statement of the Recommendation (Including Recount of Vote): 

At the April 2010 NOSB meeting, recommendations were passed for the 

relisting of numerous 205.605 (a) and (b) and 205.606 materials scheduled to 

sunset in 2012. Due to the public comment period for committee 

recommendations closing after that April 2010 meeting was held, the board 

continued to receive and consider public comments after the meeting, even 

though the vote had been taken regarding the relisting of the materials. At the 

next NOSB meeting in October 2010, a vote was taken to reaffirm the 

decisions reached in April 2010. The recommendation reaffirmation vote for 

these materials, listed on the attached Handling Committee recommendations, 

was 14 yes, 0 no, 0 abstentions, 0 absent, and 0 recusals. 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

 

The reaffirmation recommendation to re-list the 205.605 and 205.606 materials 

shown on the attached committee recommendations was made in accordance 

with the National Organic Program and the NOSB’s Policy & Procedures 

Manual. The substances are consistent with OFPA 1990 and NOP regulations 

and evaluation criteria, and no new information was received or public 

comments given that caused a change in the relisting decisions for these 

materials. 

 

NOSB Vote: 

Moved: Steve DeMuri Second: John Foster

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0 
National Organic Standards Board 

Handling Committee 

Sunset Recommendation – 2012 

Reaffirmation of April 2010 § 205.605(a) Recommendations 

September 3, 2010 

List: 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in 

or on processed products labeled as “organic” or “made with organic (specified 

ingredients or food group(s)).” 

(a) Nonsynthetics allowed 

Committee Summary 

Federal register notice of the sunset of these materials elicited no public comments 

against re-listing. 

Review of the original recommendations, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human, or animal health as a 

result of the use or manufacture of these materials. There is no new information 

contradicting the original recommendation which were the basis for the previous NOSB 

decisions to list these materials.

Committee Recommendation(s)

The handling committee reaffirms it’s recommendation for the renewal of the following 

substances in this use category as published in the final rule: 

Acids (Alginic; Citric – produced from microbial fermentation of carbohydrate 

substances; 

and Lactic) 

Bentonite 

Calcium Carbonate 

Calcium Chloride 

Carageenan 

Dairy cultures 

Diatomaceous earth – food filtering aid only 

Kaolin 

Nitrogen – oil free grades 
Oxygen – oil free grades 

Perlite – for use only as a filter aid in food processing 

Potassium chloride 

Sodium bicarbonate 

Sodium carbonate 

Waxes – nonsynthetic (Carnauba wax; and Wood resin) 

Committee Vote: 

Motion: Steve DeMuri Second: Tracy Miedema 

Yes: 6 No: 0 Abstain: 0 Absent: 1 
National Organic Standards Board 

Handling Committee 

Sunset Recommendation – 2012 

Reaffirmation of April 2010 § 205.605(b) Recommendations 

August 30, 2010 

List: 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in 

or on processed products labeled as “organic” or “made with organic (specified 

ingredients or food group(s)).” 

(b) Synthetics allowed 

Committee Summary 

Federal register notice of the sunset of these materials elicited no public comments 

against re-listing since the April 2010 NOSB meeting 

Review of the original recommendations, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human, or animal health as a 

result of the use or manufacture of these materials. There is no new information 

contradicting the original recommendation which were the basis for the previous NOSB 

decisions to list these materials.

Committee Recommendation(s)

The handling committee reaffirms it’s recommendations for the renewal of the following 

substances in this use category as published in the final rule: 

 

 Calcium phosphates (monobasic, dibasic, and tribasic) 

 Carbon dioxide 

 Ethylene – allowed for postharvest ripening of tropical fruit and degreening of citrus. 

 Glycerin – produced by hydrolysis of fats and oils 

 Hydrogen peroxide 

 Magnesium carbonate – for use only in agricultural products labeled ‘made with 

organic (specified ingredients or food group(s)),” prohibited in agricultural products 

labeled ‘organic” 

 Magnesium chloride – derived from sea water 

 Magnesium stearate - for use only in agricultural products labeled ‘made with organic 

 (specified ingredients or food group(s)),” prohibited in agricultural products labeled 

‘organic” 
 

 Ozone 

 Potassium acid tartrate 

 Potassium carbonate 

 Potassium citrate 

 Potassium hydroxide – prohibited for use in lye peeling of fruits and vegetables except 

when used for peeling peaches during the Individually Quick Frozen (IQF) production 

process 

 Potassium phosphate - for use only in agricultural products labeled ‘made with organic 

 (specified ingredients or food group(s)),” prohibited in agricultural products labeled 

“organic” 

 Xanthan gum 

 Alginates 

 Ammonium bicarbonate – for use only as a leavening agent 

 Ammonium carbonate - for use only as a leavening agent 

 Ascorbic Acid 

 Calcium citrate 

 Calcium hydroxide

Committee Vote: 

Motion: Steve DeMuri Second: Tracy Miedema 

Yes: 6 No: 0 Abstain: 0 Absent: 1 
National Organic Standards Board 

Handling Committee 

Sunset Recommendation – 2012 

Reaffirmation of April 2010 § 205.606 Recommendations 

August 30, 2010 

List: 205.606 Nonorganically produced agricultural products allowed as 

ingredients in or on processed products labeled as “organic.” 

Committee Summary: 

Federal register notice of the sunset of these materials elicited no public comments 

against re-listing after the April 2010 NOSB meeting. 

Review of the original recommendations, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human or animal health as a 

result of the use or manufacture of these materials. There is no new information 

contradicting the original recommendation which were the basis for the previous NOSB 

decisions to list these materials. As 205.606 listed materials, all are subject to 

commercial availability scrutiny for use in organic products. 

Committee Recommendation(s)

The handling committee reaffirms it’s previous recommendation for the renewal of the 

following substances in this use category as published in the final rule: 

 

 Casings – from processed intestines 

 Celery powder 

 Chia (Salvia hispanica L.) 

 Dillweed Oil (CAS # 8006-75-5) 

 Fish Oil (fatty acid CAS #’s 10417-94-4 and 25167-62-8) stabilized with organic 

ingredients or only with ingredients on the National List 205.605 and 205.606 

 Galangal, frozen 

 Gelatin (CAS # 9000-70-8) 

 Gums – water extracted only (Arabic, Guar, Locust bean, and Carob bean) 

 Konjac flour (CAS # 37220-17-0) 

 
 Lemongrass – frozen 

 Orange shellac – unbleached (CAS # 9000-59-3) 

 Pepper, chipotle pepper 

 Kelp – for use only as a thickener and dietary supplement 

 Sweet potato starch – for bean thread production only 

 Turkish bay leaves 

 Wakame seaweed (Undaria pinnatifida) 

Committee Vote: 

Motion: Steve DeMuri Second: Joe Smillie 

Yes: 6 No: 0 Abstain: 0 Absent: 1