Agricultural Marketing Service

Petitioned Materials Update

Organic Integrity from Farm to Table, 

Consumers Trust the Organic Label

National Organic Standards Board Meeting

Lisa M. Brines, Ph.D., Standards Division

May 23, 2012

Albuquerque, New Mexico
Agricultural Marketing Service

Update – Petitioned Material Status

Crops Committee

This meeting

• Sunset 2013 (List 3 Inerts)

Petitions to Remove

• Ferric Phosphate

Petitions for Inert Ingredients

• 1,1-Difluoroethane

• Manganese sulfate monohydrate 

Petitions to Add a Substance

• Bioplastic mulch

• Oxidized lignite

• Polyoxin D Zinc salt

• Propylene glycol monolaurate 

Technical Reports in Development

• Bioplastic mulch 

• Ferric phosphate (limited scope) 

• Oxidized lignite

• Polyoxin D Zinc salt
Agricultural Marketing Service

Update – Petitioned Material Status

Livestock Committee

This Meeting

• None

Petition to Amend Annotation

• Methionine

Petitions to Add a Substance

• Nonanoic acid (pelargonic

acid)

• Pet Food Amino Acids

Technical Reports in 

Development

• Pet food amino acids

Petitions and technical reports 

are available to the public on 

the NOP website
Agricultural Marketing Service

Update – Petitioned Material Status

Handling Committee

This Meeting

• Choline (2 petitions)

• Citrux hystrix

• Curry leaf

• Gibberellic acid

• Inositol

• Sunset 2013 (4 listings)

• Agar-agar

• Carrageenan

• Calcium sulfate

• Cellulose

Waiting for Petitioner Response

• Caramunch malt

Petitions Withdrawn

• Dextrin

Petitions and technical reports are 

available to the public on the NOP 

website
Agricultural Marketing Service

Update – Petitioned Material Status

Handling Committee

Petitions to Add a Substance to

§205.605 (Non-Agricultural)

• Ascorbyl palmitate 

• Beta-carotene (nutrient)

• L-Methionine

• Lycopene

• Nucleotides

• Sodium gluconate

• Sulfuric acid

• Taurine

Petitions to Add a Substance to

§205.606 (Agricultural)

• Barley betafiber

• Bergamot bitter orange powder

• Lutein

• Sugar beet fiber

Petitions and technical reports are available to the public on the NOP website

Technical reports for petitioned 

nutrients have been provided to 

Handing Committee
Agricultural Marketing Service

Update – Aquaculture Petitioned 

Materials

Aquatic Animal Production

• Chlorine

• Lignin sulfonate**

• Tocopherols ** 

• Trace minerals**

• Vaccines, biologics**

• Vitamins

Aquatic Plant Production

• Carbon dioxide

• Chlorine

• Lignin sulfonate**

• Micronutrients

• Vitamins**

** Petition under review by NOP
Agricultural Marketing Service

Material Review Process

National List Criteria

• Organic Foods Production Act 1990 – as amended 

(7 U.S.C. 6518(m))

• NOP Regulations (§205.600)
Agricultural Marketing Service

National List Criteria

1. The potential of such substance for detrimental chemical interactions with other materials used in 

organic farming systems;

2. The toxicity and mode of action of the substance and of its breakdown products of any 

contaminants, and their persistence and areas of concentration in the environment;

3. The probability of environmental contamination during manufacture, use, misuse, or disposal of 

such substance;

4. The effect of the substance on human health;

5. The effect of the substance on biological and chemical interactions in the agroecosystem, including 

the physiological effects of the substance on soil organisms (including the salt index and solubility of 

the soil), crops and livestock;

6. The alternatives to using the substance in terms of practices or other available materials; and

7. Its compatibility with a system of sustainable agriculture.
Agricultural Marketing Service

National List Criteria: Processing Aid or Adjuvant

The synthetic substance cannot be produced from a natural source and there is no organic substitute;

The substance’s manufacture, use and disposal do not have adverse effects on the environment and are 

done in a manner compatible with organic handling;

The nutritional quality of the food is maintained when the substance is used, and the substance itself, or 

its breakdown products do not have an adverse effect on human health as defined by applicable 

Federal regulations;

The substance's primary use is not as a preservative or to recreate or improve flavors, colors, textures, 

or nutritive value lost during processing, except where the replacement of nutrients is required by 

law;

The substance is listed as generally recognized as safe (GRAS) by Food and Drug Administration (FDA) 

when used in accordance with FDA's good manufacturing practices (GMP) and contains no residues 

of heavy metals or other contaminants in excess of tolerances set by FDA; and

The substance is essential for the handling of organically produced agricultural product

--§205.600 (b)
Agricultural Marketing Service

National List Criteria: § 205.606 – AGRICULTURAL AND

POTENTIALLY COMMERCIALLY UNAVAILABLE

The NOSB will consider:

A. Why the substance should be permitted in the production or handling or an 

organic product;

B. The current industry information regarding availability of and history of 

unavailability of an organic form in the appropriate form, quality, or quantity of the 

substance. Industry information includes, but is not limited to the following:

1. Regions of production, including factors such as climate and number of regions;

2. Number of suppliers and amount produced; 

3. Current and historical supplies related to weather events such as hurricanes, floods, and 

droughts that may temporarily halt production or destroy crops or supplies;

4. Trade related issues such as evidence of hoarding, war, trade barriers or civil unrest that 

may temporarily restrict supplies; and

5. Other issues which may present a challenge to a consistent supply.
Agricultural Marketing Service

Sunset Review Criteria

Sunset Provision -- No exemption or prohibition contained in the National List 

shall be valid unless the National Organic Standards Board has reviewed such 

exemption or prohibition as provided in this section within 5 years of such 

exemption or prohibition being adopted or reviewed and the Secretary has 

renewed such exemption or prohibition.

-OFPA §2118(e)

Exemptions (National List listings) were accepted because the evidence available 

showed that the:

– Material was found not harmful to human health or the environment,

– Material was necessary because of the unavailability of wholly nonsynthetic 

alternatives, and

– Use of the material was consistent and compatible with organic practices
Agricultural Marketing Service

Voting Procedure

For Petitioned Substances:

• First motion is for classification (synthetic or nonsynthetic; agricultural or 

nonagricultural)

• Second motion is for listing

• Listing motion is made in the affirmative (i.e., to list...)

• 2/3 majority required to pass a motion

For Sunset Substances:

• Classification vote not needed, unless proposing a change

• Relisting motion is made in the affirmative (i.e., to relist...)

• If proposing a change, vote on the proposed annotation change first

• If proposing a change, vote on existing listing as a back-up

• 2/3 majority required to pass a motion
Agricultural Marketing Service

Thank you!

www.ams.usda.gov/nop | 202-720-3252