Updated June 17, 2010

Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

Date: December 2, 2011

Subject: Petition to amend annotation for sulfur dioxide on 205.605

Chair: Tracy Miedema 

 

The NOSB hereby recommends to the NOP the following: Rulemaking Action 

Statement of the Recommendation (Including Recount of Vote): 

Motion to amend the annotation to § 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--Sulfur dioxide--for use only in wine, provided that total sulfite 

concentration does not exceed 100 ppm.

The motion failed with a vote of 9 yes and 5 no.

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

The Handling Committee recommendation is attached.

NOSB Vote:

Moved: Steve DeMuri Second: John Foster

Yes: 9 No: 5 Abstain: 0 Absent: 0 Recusal: 0
Decision Sheets

December 2011

NOSB COMMITTEE RECOMMENDATION

Form NOPLIST1. Committee Transmittal to NOSB

For NOSB Meeting: Fall 2011 Savannah, GA Substance: Sulfur dioxide

Committee: Crops  Livestock  Handling X Petition is for: 

Amendment of sulfur dioxide annotation from the National List § 205.605(b)

A. Evaluation Criteria (Applicability noted for each category; Documentation attached) Criteria Satisfied? (see B below) 

1. Impact on Humans and Environment Yes  No x N/A 

2. Essential & Availability Criteria Yes x No  N/A 

3. Compatibility & Consistency Yes x No  N/A 

4. Commercial Supply is Fragile or Potentially Unavailable as Organic (only for 606) Yes  No  N/A x 

Substance Fails Criteria Category: Comments: Annotation provides adequate mitigating conditions. 

Proposed Annotation (if any): § 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--Sulfur dioxide—for use only in wine, 

provided that total sulfite concentration does not exceed 100 ppm.

 Basis for annotation: To meet criteria above: __1___ Other regulatory criteria: _______ Citation:____________________

D. Recommended Committee Action & Vote, including classification recommendation (State Actual Motion): 

_________________________________________________________________________________________________

Classification of the material: Synthetic ________ Non- synthetic_____________ Absent:_________ Abstain _________ 

Motion by: _______________ Seconded:________________ Yes: _____ No: _____ Absent: _______ Abstain: _____

Recommended Committee Action & Vote § 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--Sulfur dioxide—for use 

only in wine, provided that total sulfite concentration does not exceed 100 ppm.

 

Motion by: ___John Foster_ Seconded:___Steve DeMuri_ Yes: __5 No: _0_ Absent: __2__ Abstain: _0_

 

1) Substance voted to be added as “allowed” on National List to § 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--Sulfur 

dioxide—for use only in wine, provided that total sulfite concentration does not exceed 100 ppm.

2) Substance to be added as “prohibited” on National List to § 205. with Annotation (if any) _______________________

____________________________________________________________________________________________________

Describe why a prohibited substance:_______________________________________________________________________

____________________________________________________________________________________________________

 

3) Substance was rejected by vote for amending National List to § 205. _____ Describe why material was rejected:___________ 

4) Substance was recommended to be deferred because _________________________________________________________

If follow-up needed, who will follow up _____________________________________________________________________

Crops Agricultural Allowed1 x

Livestock Non-Synthetic Prohibited2 

Handling x Synthetic x Rejected3

No restriction Commercially UnAvailable as Organic1

 Deferred4

E. Approved by Committee Chair to transmit to NOSB:

Steve DeMuri 10-14-10

Committee Chair Date
Decision Sheets

December 2011

EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE NATIONAL LIST

Category 1. Adverse impacts on humans or the environment? Substance: sulfur dioxide

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; 

other)

1. Are there adverse effects on environment 

from manufacture, use, or disposal? 

[§205.600 b.2] 

X Yes, but not at levels used TAP 9-26-11 

Draft ln 422-424.

TAP 9-26-11 Draft ln 84-89

2. Is there environmental contamination during 

manufacture, use, misuse, or disposal? 

[§6518 m.3] 

X Yes, but not at levels used TAP 9-26-11 

Draft ln 422-424.

TAP 1-14-11 ln 68-73, 270-275, 277-

281; TAP 9-26-11 Draft ln 84-89, ln 

406-414.

3. Is the substance harmful to the environment

and biodiversity? 

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X N/A-for handling purposes

4. Does the substance contain List 1, 2, or 3 

inerts? [§6517 c (1 ) (B)(ii); 205.601(m)2] 

X N/A-for handling purposes

5. Is there potential for detrimental chemical 

interaction with other materials used? 

[§6518 m.1] 

X

6. Are there adverse biological and chemical 

interactions in agro-ecosystem? [§6518 m.5]

X N/A-for handling purposes

7. Are there detrimental physiological effects 

on soil organisms, crops, or livestock? 

[§6518 m.5] 

X N/A-for handling purposes

8. Is there a toxic or other adverse action of the 

material or its breakdown products? 

[§6518 m.2] 

X Yes, but not at levels used TAP 9-26-11 

Draft ln 422-424.

TAP 9-26-11 Draft ln 84-89

9. Is there undesirable persistence or 

concentration of the material or breakdown 

products in environment? [§6518 m.2] 

X Yes, but not at levels used TAP 9-26-11 

Draft ln 422-424.

TAP 9-26-11 Draft ln 84-89. TAP 1-14-

11 422-434; 

10. Is there any harmful effect on human health? 

[§6517 c (1)(A) (i) ; 6517 c(2)(A)I; §6518 

m.4] 

X TAP 1-14-11 ln; TAP 9-26-11 Draft ln 

434-459, 461-462;

11. Is there an adverse effect on human health as 

defined by applicable Federal regulations? 

[205.600 b.3] 

X TAP 1-14-11 ln 440-445, 447-477; 21 

CFR 182.3762; TAP 9-26-11 Draft ln 

430-432. 1995 TAP Bob Durst.

12. Is the substance GRAS when used according 

to FDA’s good manufacturing practices? 

[§205.600 b.5] 

X TAP 9-26-11 Draft ln 338-347; 21 CFR 

182.3762

13. Does the substance contain residues of heavy 

metals or other contaminants in excess of 

FDA tolerances? [§205.600 b.5] 

X TAP 9-26-11 Draft ln 395-396;

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) are N/A—not applicable. 
Decision Sheets

December 2011

Category 2. Is the Substance Essential for Organic Production? Substance sulfur dioxide

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; 

other)

1. Is the substance formulated or manufactured 

by a chemical process? [6502 (21)] 

X TAP 1-14-11 ln 258-265. 

2. Is the substance formulated or manufactured 

by a process that chemically changes a 

substance extracted from naturally occurring 

plant, animal, or mineral, sources? [6502 

(21)] 

X Possible: TAP 9-26-11 Draft ln 402-

403; 1995 TAP R.C. Theuer. 

3. Is the substance created by naturally 

occurring biological processes? [6502 (21)] 

X TAP 1-14-11 ln 258; TAP 9-26-11 Draft 

ln 

4. Is there a natural source of the substance? 

[§205.600 b.1] 

X TAP 1-14-11 ln 258-260. TAP 9-26-11 

Draft 322-331; 1995 TAP R.C. Theuer.

5. Is there an organic substitute? [§205.600 b.1] X

6. Is the substance essential for handling of 

organically produced agricultural products? 

[§205.600 b.6]

X TAP 9-26-11 Draft 327-328. 1995 TAP 

Bob Durst. TAP 9-26-11 Draft ln 172-

176.

7. Is there a wholly natural substitute product? 

[§6517 c (1)(A)(ii)]

X TAP 9-26-11 Draft ln 467-478. 1995 

TAP R.C. Theuer.

8. Is the substance used in handling, not 

synthetic, but not organically produced? 

[§6517 c (1)(B)(iii)]

X N/A- Synthetic

9. Is there any alternative substances? [§6518 

m.6]

X TAP 9-26-11 Draft ln 467-478. 1995 

TAP Bob Durst

10. Is there another practice that would make the 

substance unnecessary? [§6518 m.6]

X TAP 9-26-11 Draft ln 467-478

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b)are N/A—not applicable. 
Decision Sheets

December 2011

Category 3. Is the substance compatible with organic production practices? Substance; sulfur dioxide

Question Yes No N/A1 Documentation

(TAP; petition; regulatory agency; 

other)

1. Is the substance compatible with

organic handling? [§205.600 b.2] 

X

2. Is the substance consistent with organic 

farming and handling, and biodiversity? 

[§6517 c (1)(A)(iii); 6517 c (2)(A)(ii)] 

X N/A-for handling purposes

3. Is the substance compatible with a system of 

sustainable agriculture? [§6518 m.7] 

X N/A-for handling purposes

4. Is the nutritional quality of the food 

maintained with the substance? [§205.600 

b.3] 

X TAP 9-26-11 Draft ln 387-389.

5. Is the primary use as a preservative? 

[§205.600 b.4] 

X TAP 9-26-11 Draft ln 377. 1995 TAP 

R.C. Theuer

6. Is the primary use to recreate or improve 

flavors, colors, textures, or nutritive values 

lost in processing (except when required by 

law, e.g., vitamin D in milk)? [205.600 b.4] 

X TAP 9-26-11 Draft ln 377

7. Is the substance used in production, and does 

it contain an active synthetic ingredient in 

the following categories: 

X N/A-for handling purposes

a. Copper and sulfur compounds; X N/A-for handling purposes

b. Toxins derived from bacteria; X N/A-for handling purposes

c. Pheromones, soaps, horticultural oils, fish 

emulsions, treated seed, vitamins and 

minerals? 

X N/A-for handling purposes

d. Livestock parasiticides and medicines? X N/A-for handling purposes

e. Production aids including netting, tree 

wraps and seals, insect traps, sticky 

barriers, row covers, and equipment 

cleaners? 

X N/A-for handling purposes

1

If the substance under review is for crops or livestock production, all of the questions from 205.600 (b) are N/A—not applicable. 
Decision Sheets

December 2011

Category 4. Is the commercial supply of an agricultural substance as 

organic, fragile or potentially unavailable? [§6610, 6518, 6519, 205.2, 205.105 

(d), 205.600 (c) 205.2, 205.105 (d), 205.600 (c)]

 

Substance: sulfur dioxide

Question Yes No N/A Comments on Information Provided 

(sufficient, plausible, reasonable, 

thorough, complete, unknown)

1. Is the comparative description provided as to 

why the non-organic form of the material 

/substance is necessary for use in organic 

handling?

X Petition is to amend annotation of an all ready 

allowed synthetic.

2. Does the current and historical industry 

information, research, or evidence provided 

explain how or why the material /substance 

cannot be obtained organically in the 

appropriate form to fulfill an essential function 

in a system of organic handling?

X N/A.

3. Does the current and historical industry 

information, research, or evidence provided 

explain how or why the material /substance 

cannot be obtained organically in the 

appropriate quality to fulfill an essential 

function in a system of organic handling?

X N/A.

4. Does the current and historical industry 

information, research, or evidence provided 

explain how or why the material /substance 

cannot be obtained organically in the 

appropriate quantity to fulfill an essential 

function in a system of organic handling?

X N/A.

5. Does the industry information provided on 

material / substance non-availability as organic, 

include ( but not limited to) the following:

X

a. Regions of production (including factors such 

as climate and number of regions);

X

b. Number of suppliers and amount produced; X

c. Current and historical supplies related to 

weather events such as hurricanes, floods, 

and droughts that may temporarily halt 

production or destroy crops or supplies; 

X

d. Trade-related issues such as evidence of 

hoarding, war, trade barriers, or civil unrest 

that may temporarily restrict supplies; or

X

e. Are there other issues which may present a 

challenge to a consistent supply?

X