FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: _March 18, 2005________

Subject: __National List Sunset Review Process___________________________ 

Chair: ___Jim Riddle_______________________________________ 

 (sign) 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: ________ 

Guidance Statement: ________ 

Other: ____X____ 

Statement of the Recommendation (including Recount of Vote):

The NOSB adopted National List Sunset Review processes and procedures as and internal 

working document for addition to the NOSB Policies and Procedures Manual. 

Adopted March 2, 2005 by NOSB vote: 14 yes, 0 no, 0 abstain 

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

Document adopted to establish clear and consistent procedures for sunset reviews by the NOSB 

of substances on the National List. 

Response by the NOP:

Updated 2/25/05 
National List Sunset Review Process 

NOSB Internal Working Document 

Adopted by NOSB on March 2, 2005 

Introduction 

The following outline and flowchart details how the NOSB and each NOSB 

committee (crops, livestock and handling) will proceed with the National Sunset Review 

Process. The flowchart provided as an addendum to the document outlines the timeline 

for each of the activities described below. 

NOP Responsibilities 

 Once the Federal Notice on the Sunset of the National List is posted, the NOP 

expects to receive public comment regarding substances in Sections 205.601-205.606 that 

must be reviewed and published as final rule no later than October 21, 2007. Each 

individual comment could be on one specific substance or could include a list of 

substances from different sections (i.e. handling, crops or livestock). One challenge at 

the NOP staff level will be to develop a web posting strategy that allows the reader to 

determine what section(s) the comment relates to. The committee recommends that each 

comment is reviewed by the NOP staff and a column is included on the database that 

would indicate whether the comment deals with a substance or substances for crop (c), 

livestock (l) and handling (h). Each comment should also receive a number that would 

indicate the date received (i.e. 01-month-day-year would stand for the first comment 

received and the date received). Comments that are received via e-mail can be posted 

more efficiently than those received by mail because mailed comments first would be 

scanned by staff and then posted. It is anticipated that posting will take staff time and the 

materials committee hopes that the NOSB Executive Director position is filled by the 

time comments are received so that there is a person on staff that can prioritize the tasks 

associated with the Sunset Review Process. 

NOSB Responsibilities 

 The NOSB committees would receive notice from NOP staff once a new 

substance(s) is posted to the web. If posting to the website takes more time than 

anticipated (> 5 working days upon receiving comment), the NOP staff will forward the 

comments via e-mail to the NOSB committee members. Committee members will use 

the code column to identify comments that address substances on the specific materials 

list(s). Chairs of each committee will be responsible for arranging periodic conference 

calls as substances are submitted. The materials committee recommends that conference 

calls be arranged once a sufficient number of comments on substances are received by a 

committee. Committee chairs will need to arrange a series of conference calls in order to 

allow time for ample discussion. To respect other time commitments of Board members, 

committee calls should be kept to a maximum of 1 1⁄2 hour per call. The following 

information needs to be provided by the appropriate committee for each substance sunset 

material that is under consideration: 

 Sunset Review Committee Forms 
1. Name of Substance 

2. National List Section, use and annotation if applicable 

3. Comment (s) code number (s) 

4. Status (record number of comments) 

a. Renewal ( ) 

b. Removal ( ) 

5. Summary of comment (s) 

Each committee should state the positions provided by the commenters and 

determine the relevancy to the OFPA or 205.600(b) criteria. Information that 

does not specifically address the OFPA or 205.600(b) criteria should be noted. 

The committees shall determine if the comments provide data, references or 

expertise that justify the positions expressed. The committee must determine if 

additional information or verification of the information provided is necessary. 

6. Committee recommendation 

Committees will recommend to the full Board a determination on each substance 

for renewal, removal or deferral to seek specific technical information from the 

TAP contractors. TAP contractors shall be used to verify information provided 

by the commentrs, research or seek additional information requested by the 

committee. Requests to a TAP contractor for more information need to be 

detailed, specific and based on the OFPA criteria. If a committee determines that 

they need additional information from the TAP contractor, their written request, 

will be immediately forwarded to the contractor prior to a vote by the full board.. 

This procedure will promote a more efficient process. The materials committee 

determined that this will allow for technical information to be identified and 

addressed prior to a full board vote so that each substance has a chance to be 

voted on during the first sunset review meeting of the full board. Some 

substances may require more time to gather technical information and may not be 

on the agenda during the first sunset review meeting. The committee anticipates a 

minimum of two and a maximum of four Board meetings to review all of the 

materials that will be reviewed by 2007. We anticipate that these meetings will 

be scheduled every 10 to 12 weeks. 

7. NOSB Final Vote 

Each committee will provide their recommendation to the board on each 

substance 30 days prior to the full Board meeting. The recommendation will be 

posted on the website and open to public comment. The comments received at 

this point from the public should address the committee’s recommendation. . The 

board will discuss each substance and recommendation from the committee and 

vote on renewal, removal or deferral of the substance. Deferral of substances 

would be based on insufficient information to make a decision by the board and 

would require a request for additional information from the TAP contractor. 

Requests would be written by the appropriate committee and address OFPA 

criteria. Substances that are deferred would be referred back to committee and 

placed on the agenda for the upcoming meeting. 
8. NOP Rulemaking 

After each NOSB meeting, the NOP would begin rulemaking on those substances 

that were voted for renewal. The materials committee anticipates at least two 

dockets of materials for renewal based on the assumption that deferred materials 

may take some additional time for review and a full board vote. 

Board vote: 14 yes, 0 no, 0 abstain