FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: __March 18, 2005_______

Subject: Recommendation for Rule Change Concerning Made With Organic 

Ingredients 

Chair: ______________________Jim Riddle___________________ 

 (sign) 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: ____X____ 

Guidance Statement: ________ 

Other: ________ 

Statement of the Recommendation (including Recount of Vote):

Recommended Rule change: 

(New language is underlined, deleted language in strikeout) 

Change 205.301(c) to read: 

(c) Products sold, labeled, or represented as “made with organic (specified ingredients or food 

group(s)).” Multiingredient agricultural product sold, labeled, or represented as “made with 

organic (specified ingredients or food group(s))” must contain (by weight or fluid volume, 

excluding water and salt) at least 70 percent organically produced ingredients which are produced 

and handled pursuant to requirements in subpart C of this part. No ingredients may be produced 

using prohibited practices specified in paragraphs (1), (2), and (3) of § 205.301(f). No product 

labeled as made the “Made With Organic” may include organic and non-organic forms of the 

same ingredient. Non-organic ingredients may be produced without regard to paragraphs (4), (5), 

and (6), and (7) of § 205.301(f). If labeled as containing organically produced ingredients or food 

groups, such product must be labeled pursuant to § 205.304. 

Approved March 2, 2005 by the Board: 14 yes, 0 no, 0 abstain 

Rationale Supporting Recommendation (including consistency with OFPA and NOP):

Rationale for rule change is stated in text of recommendation below. 

Response by the NOP:

Updated 2/25/05 
Policy Development Committee 

Recommendation for Rule Change Concerning 

Made With Organic Ingredients 

Adopted by NOSB March 2, 2005 

Background 

Section 205.301(c) indicates that products containing at least 70 percent organically 

products ingredients may contain non-organic ingredients produced without regard to the 

fact that the product may contain organic and non-organic versions of the same 

ingredient. 

§205.301 (c) Products sold, labeled, or represented as “made with organic 

(specified ingredients or food group(s)).” Multiingredient agricultural product 

sold, labeled, or represented as “made with organic (specified ingredients or food 

group(s))” must contain (by weight or fluid volume, excluding water and salt) at 

least 70 percent organically produced ingredients which are produced and handled 

pursuant to requirements in subpart C of this part. No ingredients may be 

produced using prohibited practices specified in paragraphs (1), (2), and (3) of § 

205.301(f). Nonorganic ingredients may be produced without regard to 

paragraphs (4), (5), (6), and (7) of § 205.301(f). If labeled as containing 

organically produced ingredients or food groups, such product must be labeled 

pursuant to § 205.304.

Section.301(f) specifies that all ingredients identified as organic in any ingredient 

statement of any Product must not include organic and non-organic forms of the same 

ingredient. . 

§205.301 (f) All products labeled as “100 percent organic” or “organic" and all 

ingredients identified as "organic" in the ingredient statement of any product must 

not:

(7) Include organic and non-organic forms of the same ingredient.

This contradictory language is creating difficulty for certifiers, and is resulting in 

products marketed under the “Made With” category containing both organic and nonorganic versions of the same ingredient. 

Recommended Rule change: 

(New language is underlined, deleted language in strikeout) 

Change 205.301(c) to read: 
(c) Products sold, labeled, or represented as “made with organic (specified ingredients or 

food group(s)).” Multiingredient agricultural product sold, labeled, or represented as 

“made with organic (specified ingredients or food group(s))” must contain (by weight or 

fluid volume, excluding water and salt) at least 70 percent organically produced 

ingredients which are produced and handled pursuant to requirements in subpart C of this 

part. No ingredients may be produced using prohibited practices specified in paragraphs 

(1), (2), and (3) of § 205.301(f). No product labeled as made the “Made With Organic” 

may include organic and non-organic forms of the same ingredient. Non-organic 

ingredients may be produced without regard to paragraphs (4), (5), and (6), and (7) of § 

205.301(f). If labeled as containing organically produced ingredients or food groups, such 

product must be labeled pursuant to § 205.304. 

Committee Vote 

4 yes, 0 no, 2 absent. 

Approved March 2, 2005 by the Board: 14 yes, 0 no, 0 abstain