NOSB RECOMMENDED DECISION FORM

Form NOPLIST2. Full Board Transmittal to NOP

For NOSB Meeting: __May 

2009________ 

Substance: ___Sulfurous Acid______ _ 

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

1. Impact on Humans and Environment Yes X No  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 

B. Substance fails criteria? 

Criteria category: _________ 

Comments: 

C. Proposed Annotation: On-farm generation of substance utilizing 99% purity 

elemental sulfur per §205.601(j)(2) only. 

Basis for annotation: 

To meet criteria above: _X__ Criteria: _1,3_________ 

Other regulatory criteria: ____ Citation:_______________

D. Final Board Action & Vote (State Actual Motion): To include Sulfurous Acid on the National List 205.601 (j) with the annotation 

“On-farm generation of substance utilizing 99% purity elemental sulfur per §205.601(j)(2) only.”

 .

Motion: _Tina Ellor_ Second :Hue Karreman Yes: _12_ No: _2__ Abstain: _____ Absent: 

 

 1 .

Provide a summary narrative here or attach a more complete narrative, and attach the original committee recommendation

that includes the evaluation criteria checklist: 

Sulfurous Acid generated on the farm will reduce the need for applying elemental sulfur to the soil to ameliorate soil that has 

accumulated carbonates and bicarbonates through irrigation water in more arid regions. Elemental sulfur is reclaimed from 

burning fossil fuels and was determined to be a better alternative than applying large quantities of allowed acids such as 

citric or paractic which would have to be brought in from off the farm often from long distances. 

1—substance voted to be added as “allowed” on National List on National List to § 205.601 (j)_ with Annotation (if any): On-farm 

generation of substance utilizing 99% purity elemental sulfur per §205.601(j)(2) only

2—substance to be added to “prohibited” paragraph of National List to § 205.______ 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 § 205. ______ Describe why deferred; if any follow-up is needed. If follow-up needed, 

who conducts follow-up ________________________________ ____________________________________ 

Agricultural Nonagricultural Crops x

Synthetic x Not synthetic Livestock

Allowed x 1Prohibited2

Handling

No restriction Deferred4 Rejected3

E. Approved by NOSB Chair to transmit to NOP

 Jeff Moyer . 

Chair Date

 May 6, 2009 .

F. NOP Action: Include in FR to amend National List: 

 Return to NOSB Reason: ____________________________________________________________________ 

_____________________________________ _________________________ 

 Date 
Attach Committee Recommendation here along with the completed evaluation criteria 

checklist and any attachments
Decision Sheets

December 2006

NOSB COMMITTEE 

Form NOPLIST1. Committee Transmittal to NOSB

RECOMMENDATION

For NOSB Meeting: __May 2009___ Substance: ________Sulfurous acid ___

Committee: Crops √ Livestock  Handling  Petition is for:____To include sulfurous acid _

_______________________________________________________ on the National List § 205. 601(j)

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

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

 

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

3. Compatibility & Consistency Yes √ No  N/A 

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

B. Substance Fails Criteria Category: _________ Comments: ___________________________________________________ 

________________________________________________________________________________________________________

C. Proposed Annotation (if any): __On-farm generation of substance, by burning only, 99% purity elemental 

sulfur per §205.601(j)(2) only. __

________________________________________________________________________________________________________

 Basis for annotation: To meet criteria above: ___X___ Other regulatory criteria: _______ Citation:______________________

D. Recommended Committee Action & Vote (State Actual Motion): _______________________________________________ 

________________________________________________________________________________________________________

Motion by: _Tina Ellor Seconded:__Gerry Davis____ Yes: __4__ No: __0__ Absent: _______ Abstain: __1

 

___ 

 

1) Substance voted to be added as “allowed” on National List to § 205. with Annotation (if any) ______________________

________________________________________________________________________________________________________

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 X Agricultural Allowed1

 

Livestock Non-Synthetic Prohibited2 

Handling Synthetic X Rejected3

No restriction Commercially UnAvailable as Organic1

 Deferred4

E. Approved by Committee Chair to transmit to NOSB:

________Tina Ellor_________________________ _______March 20, 2009

 Committee Chair Date

_______________
Decision Sheets

December 2006

NOSB EVALUATION CRITERIA FOR SUBSTANCES ADDED TO THE NATIONAL LIST

Category 1. Adverse impacts on humans or the environment? Substance - _Sulfurous acid__

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 See question 2 

2. Is there environmental 

contamination during manufacture, 

use, misuse, or disposal? [§6518 

m.3]

X Burning of elemental sulfur in on farm SO2 generators has 

been tested for air emissions, resulting in .0042 lb(1.9g)SO2 

per hour of operation For comparison, estimates of daily 

emissions from active volcanoes worldwide produce from 20 

tons to 10 million tons per day of SO2. (2003 Petition). 

Excessive dosages (misuse) of material could over acidify soil 

environment and produce detrimental effects on soil ecology. 

3. Is the substance harmful to the 

environment?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X See question 2.

4. Does the substance contain List 

1, 2, or 3 inerts? 

[§6517 c (1)(B)(ii); 205.601(m)2]

X

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 agroecosystem? [§6518 m.5]

X Conditional upon use rate. Excess use rate(misuse) could over 

acidify and cause adverse impact on the soil environment.

(petition)

7. Are there detrimental 

physiological effects on soil 

organisms, crops, or livestock? 

[§6518 m.5]

X At intended use rates, the material would be expected to 

produce a net beneficial effect on soil organisms and crops. 

(petition)

8. Is there a toxic or other adverse 

action of the material or its 

breakdown products? 

[§6518 m.2]

X At intended use rates, no. Excess bisulfite ion effects could be 

encountered with improper application rate. (petition)

9. Is there undesirable persistence 

or concentration of the material or 

breakdown products in 

environment?[§6518 m.2]

X

10. Is there any harmful effect on 

human health? 

[§6517 c (1)(A)(i) ; 6517 c(2)(A)i; 

§6518 m.4]

X Ingestion, inhalation, or eye contact

11. Is there an adverse effect on 

human health as defined by 

applicable Federal regulations? 

[205.600 b.3]

X

12. Is the substance GRAS when 

used according to FDA’s good 

manufacturing practices? [§205.600 

b.5]

X

13. Does the substance contain 

residues of heavy metals or other 

contaminants in excess of FDA 

tolerances? [§205.600 b.5]

X
Decision Sheets

December 2006

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 2006

Category 2. Is the Substance Essential for Organic Production? Substance - Sulfurous acid__

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 Substance is formed by burning of elemental sulfur in on-farm 

generation equipment to produce SO2 and inject into irrigation 

water. Addition of SO2 to irrigation water forms sulfurous

acid. Sulfurous acid is a short lived, unstable molecule and 

thus cannot (with current knowledge) be successfully 

manufactured and formulated off site and shipped to the farm, 

hence the need for on-farm generation. 

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 Substance can be produced from naturally occurring mined 

sulfur, but currently no elemental sulfur is being produced 

from mined sources. Due to air pollution abatement laws 

beginning in the 1970’s that limited sulfur content of fuels, 

recovered sulfur from oil and natural gas production quickly 

supplanted sulfur from mined sources. (J.Ober-USGS open 

file report #02-298)

3. Is the substance created by 

naturally occurring biological 

processes? [6502 (21)]

X

4. Is there a natural source of the 

substance? [§205.600 b.1]

X

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

 

7. Is there a wholly natural 

substitute product? 

[§6517 c (1)(A)(ii)]

X

8. Is the substance used in 

handling, not synthetic, but not 

organically produced? 

[§6517 c (1)(B)(iii)]

X 

9. Is there any alternative 

substances? [§6518 m.6]

 X Soil application of elemental sulfur. 

Application of large quantities of organic acids produced by 

fermentation, such as citric acid or natural vinegar. 

10. Is there another practice that 

would make the substance 

unnecessary? [§6518 m.6]

X

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 2006

Category 3. Is the substance compatible with organic production practices? Substance - _Sulfurous acid_

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? 

[§6517 c (1)(A)(iii); 6517 c 

(2)(A)(ii)]

X Rainwater is naturally amended with atmospheric SO2 derived

from volcanic sources, typically maintaining it at a mildly 

acidic pH (by the presence of sulfurous acid). Substance can 

be produced on farm using organically approved elemental 

sulfur to produce SO2 leading to sulfurous acid upon addition 

to irrigation. Oxidation (burning) of the sulfur accomplishes 

the same result as oxidation of soil applied sulfur by 

Thiobacillus bacteria native to soils, yet in an incremental, 

controlled fashion that eliminates the potential negative effects 

of annual or semi-annual direct soil applications of larger 

amounts of sulfur. Such large broadcast applications of sulfur

are understood to have negative effects on the soil ecology. 

3. Is the substance compatible 

with a system of sustainable 

agriculture? [§6518 m.7]

X Use of this material to amend alkaline irrigation waters 

encountered in arid regions of the U.S. would be beneficial to 

the long term sustainability of farm soils in those regions. 

4. Is the nutritional quality of the 

food maintained with the 

substance? [§205.600 b.3]

X

5. Is the primary use as a 

preservative? [§205.600 b.4]

X

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

7. Is the substance used in 

production, and does it contain an 

active synthetic ingredient in the 

following categories:

a. copper and sulfur compounds; X

b. toxins derived from bacteria; X

c. pheromones, soaps, 

horticultural oils, fish emulsions, 

treated seed, vitamins and 

minerals?

X

d. livestock parasiticides and 

medicines?

X

e. production aids including 

netting, tree wraps and seals, 

insect traps, sticky barriers, row 

covers, and equipment cleaners?

X

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 2006

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 - ______________________________________

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?

 

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?

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?

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?

5. Does the industry information 

provided on material / substance nonavailability as organic, include ( but 

not limited to) the following:

a. Regions of production (including 

factors such as climate and number of 

regions);

b. Number of suppliers and amount 

produced;

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; 

d. Trade-related issues such as 

evidence of hoarding, war, trade 

barriers, or civil unrest that may 
Decision Sheets

December 2006

temporarily restrict supplies; or

e. Are there other issues which may 

present a challenge to a consistent 

supply?