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The National Organic Standards Board (NOSB) held their public meeting November 29 – December 2, 2011, in 

Savannah, Georgia. At the beginning, the NOP provided an update on its activities and priorities. Over the course 

of four days, the NOSB heard comments from over 100 members of the public on a wide range of issues. The NOSB 

then discussed these and other suggested changes to their proposals from about 1,000 written public comments. A 

summary of the NOSB’s subsequent votes is provided below.

Note: NOSB is an advisory body to the Secretary of Agriculture. NOSB recommendations are not NOP policy unless the NOP 

issues final rules, final guidance, final instructions, or a policy memorandum that adopts the NOSB recommendations. They 

are not part of the USDA organic standards unless such action is taken.

Petitioned Substances

The NOSB responded to several petitions to add, amend, and remove the listing of substances on the National List:

Substance Section Petitioned Action NOSB Recommendation Notes

Ammonium nonanoate § 205.601(b) Add to list Rejected None

Indole-3-butyric acid § 205.601(k) Add to list Rejected None

Propane (odorized) § 205.601(g) Add to list Rejected None

Annatto extract color § 205.606 Remove from list Remove None

Arachidonic (ARA) 

single-cell oil

§ 205.605(a) Add to list Add to the list with the 

following annotation:

Arachidonic acid fungal oil 

(ARA), not hexane extracted; 

other ingredients that are 

agricultural must be organic

Beta-carotene color § 205.606 Amend listing Amend annotation to 

read: 

Beta-carotene extract color, 

derived from carrots or algae 

(CAS#7235-40-7)

Docosahexaenoic (DHA) 

algal oil

§ 205.605(a) Add to list Add to the list with the 

following annotation:

DHA from Algal Oil, not 

hexane extracted; other 

ingredients that are 

agricultural must be organic.

Potassium hydroxide § 205.605(b) Amend listing Amend annotation to 

read:

Potassium hydroxide—

prohibited for use in 

lye peeling of fruits and 

vegetables except when used 

for peeling peaches.

Silicon dioxide § 205.605(b) Remove from list Amend annotation to 

read:

Silicon dioxide – for use as 

a defoamer. May be used in 

other applications when nonsynthetic alternatives are not 

commercially available.

Sulfur dioxide § 205.605(b) Amend listing Rejected None

NOSB in Savannah: Fall 2011 Meeting Summary
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Sunset 2013 Substances

The NOSB must review all National List substances every five years and recommend renewing, removing, or changing 

each listing. This process is commonly referred to as “Sunset” review. The NOSB made recommendations on the 

following National List substances as part of their Sunset 2013 review:

Substance Section NOSB Recommendation Notes

Copper sulfate § 205.601(a) Relist None.

Copper sulfate § 205.601(e) Relist None.

Ozone § 205.601(a) Relist None.

Peracetic acid § 205.601(a) Relist None.

Peracetic acid § 205.601(i) Relist None.

Calcium chloride § 205.602 Relist None.

Animal enzymes § 205.605(a) Relist None.

Tartaric acid § 205.605(a) Relist None.

Tartaric acid § 205.605(b) Remove from list None.

Other Recommendations

Animal welfare. After making amendments based on public comments, the NOSB made recommendations to 

strengthen the animal wefare requirements in organic livestock production. The NOSB recommended new regulations 

on physical alterations and livestock living conditions for mammals and birds. The NOSB also recommended 

new language to cover animal handling and transit to slaughter. Additionally, the following stocking rates were 

recommended:

Livestock Species Indoor Space Outdoor Runs and Pens

Chickens

Laying hens and breeders 2.0 square feet per bird 2.0 - 5.0 square feet per bird

Pullets 2.0 - 3.0 pounds per square foot 2.0 - 3.0 pounds per square foot

Broilers 1.0 - 5.0 pounds per square foot 2.0 - 5.0 pounds per square foot

Chlorine materials. The NOSB voted to amend the annotation for chlorine products used in food handling that is 

consistent with recent NOP guidance on chlorine use. This change will clearly permit use of chlorine up to maximum 

labeled rates for sanitation of equipment. Additionally, it permits labeled uses in direct contact with products like fruit 

or vegetables, as long as there is a potable water rinse with no higher than drinking water levels after use. Chlorine in 

water used as an ingredient must also not be used as levels higher than those permitted in drinking water. 

NOSB in Savannah, Continued from page 1
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NOSB in Savannah, Continued from page 2

Evaluation of material review organization. To facilitate consistent and uniform material review decisions, the NOSB 

recommended that the NOP actively regulate material review organizations. The NOSB recommended that material 

review organizations:

•	 Become accredited certifying agents. In the interim, request for guidance on the material review process. Use 

the NOP’s material classification guidance (in development) when making synthetic versus non-synthetic 

determinations.

•	 Be accredited to ISO 65 standards, which require the development of detailed review protocols and policies. Use the 

NOP’s guidance for permitted generic substances (in development). Be at least partially financed by manufacturers 

of products seeking review. 

•	 Adopt the appeals process utilized by certifying agents and be subject to compliance and enforcement actions by 

the NOP.

Inspector qualifications. The NOSB recommended that the NOP develop guidance on baseline qualification criteria for 

organic inspectors to cover specific metrics in three areas (continued on page 6):

•	 Baseline pre-requisite expertise for initial “organic inspector” status.

•	 Continuing education requirements for inspectors.

•	 Accreditation criteria for certifying agents to ensure adequate monitoring and oversight.

Unannounced inspections. To uphold organic integrity, the NOSB recommended that the NOP develop guidance on 

unannounced inspections to address the following:

•	 Required unannounced inspections for at least five percent of their certified operations per year.

•	 Unannounced inspections may be random, risk-based, or the result of a complaint or investigation. 

•	 Unannounced inspections may be limited in scope, depth, and breadth; samples may be collected. If a full 

inspection is conducted, it may be used as the annual on-site inspection.

Policy and Procedure Manual. The NOSB amended the following sections of their Policy and Procedures Manual:

•	 Administrative team (Section IV). The NOSB voted to add a description of the Administrative Team.

•	 Committee transparency (Section I). The NOSB amended the role of the Executive Director to include more regular 

updates with the public. This will include the posting of committee meeting minutes and other resources.

•	 NOSB member and leadership transition (Section V). The NOSB clarified transition procedures for officers, committee 

chairs, and new members.