NOSB RECOMMENDED DECISION FORM

Form NOPLIST2. Full Board Transmittal to NOP 

 

For NOSB Meeting: May 2008_____________________ Substance: Seaweed, Pacific Kombu 

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 X No  N/A  

B. Substance fails criteria? 

Criteria category: N/A 

 

Comments: 

 C. Proposed Annotation: None 

 

Basis for annotation: 

 

To meet criteria above: ____ Criteria: _______________ 

 

Other regulatory criteria: ____ Citation:_______________ 

D. Final Board Action & Vote (State Actual Motion) : To include Seaweed, Pacific Kombu to Section 205.606 Nonorganically 

produced agricultural products allowed as ingredientsin or on processed products labeled as “organic”

Motion: Julie Weisman Second:Joe Smillie Yes: 14 No: 0 Abstain: 0 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: 

There are certified organic seaweeds but they do not impart the same characteristics as Kombu. Although 

there are a number of specific varietal identifications of “ Kombu” the common term Pacific Kombu was 

determined to be adequate and appropriate for identification.That petitioner was unable to locate a source of 

certified organic kombu. The separate inquiries of Board members supported this finding. It was felt that it 

might be possible in the future that Kombu could be certified organic under the “Wild Harvest” portion of the 

Rule ( 205.207). The Board concluded that the material satisfied the criteria of all four categories required 

for a material to be listed on 606.

 1—substance voted to be added as “allowed” on National List on National List to § 205.606 with Annotation (if any): None 

__________________________________________________________________________________________________ _ 

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 X Nonagricultural Crops 

Synthetic Not synthetic X Livestock 

Allowed1

X Prohibited2

Handling X 

No restriction X Deferred4 Rejected3

E. Approved by NOSB Chair to transmit to NOP

 Rigoberto Delgado . July 10, 2008 .

Chair Date

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

 Return to NOSB Reason: ____________________________________________________________________ 

_____________________________________ 

 Date 

 _________________________ 
Decision Sheets 

December 2006 

NOSB COMMITTEE RECOMMENDATION 

Form NOPLIST1. Committee Transmittal to NOSB 

For NOSB Meeting: May 2008 

Substance: Seaweed, Kombu (Lamanaria Japonica, Lamanaria 

Japonica var ochotensis, LamanariaAngustata, , 

LamanariaAngustata var.longissima)

Committee: Crops  Livestock  Handling X Petition is for: Addition on the National List § 205.606

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  No  N/A X

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

B. Substance Fails Criteria Category: _________ Comments: ___________________________________________________ 

________________________________________________________________________________________________________ 

C. Proposed Annotation (if any): _____________________________________________________________________________

________________________________________________________________________________________________________ 

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

D. Recommended Committee Action & Vote (State Actual Motion): __ Seaweed, Kombu (Lamanaria Japonica, Lamanaria 

Japonica var ochotensis, LamanariaAngustata, , LamanariaAngustata var.longissima) be added to205.606______________

________________________________________________________________________________________________________ 

Motion by: Joe Smillie Seconded: Steve Demuri Yes: 5 No: 0 Absent: 1 Abstain: __0___ 

 

 

1) Substance voted to be added as “allowed” on National List to § 205.606 with Annotation (if any) 

 

Petitioner satisfied all criteria for addition of Seaweed, Kombu to 205.606 .

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 X Allowed1

 X 

Livestock Non-Synthetic Prohibited2 

Handling X Synthetic Rejected3

No restriction Commercially UnAvailable as Organic1

 Deferred4 

E. Approved by Committee Chair to transmit to NOSB: 

_____Julie Weisman___________________ __3/9/2008_______________________ 

 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 - ___ Seaweed, Kombu to 205.606 

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 Material is wild harvested ( centuries os sustainable 

harvesting) hot water extracted, condensed, heat sterilized and 

filtered 

2. Is there environmental 

contamination during manufacture, 

use, misuse, or disposal? [§6518 

m.3] 

X See above 

3. Is the substance harmful to the 

environment? 

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

X Agricultural Product 

4. Does the substance contain List 

1, 2, or 3 inerts? 

[§6517 c (1)(B)(ii); 205.601(m)2] 

X Agricultural Product 

5. Is there potential for detrimental 

chemical interaction with other 

materials used? 

[§6518 m.1] 

X Agricultural Product 

6. Are there adverse biological and 

chemical interactions in agroecosystem? [§6518 m.5] 

X Agricultural Product used as ingredient in food products and 

no longer in eco-system 

7. Are there detrimental 

physiological effects on soil 

organisms, crops, or livestock? 

[§6518 m.5] 

X Agricultural Product used as ingredient in food products and 

no longer in eco-system 

8. Is there a toxic or other adverse 

action of the material or its 

breakdown products? 

[§6518 m.2] 

X Agricultural Product used as ingredient in food products and 

no longer in eco-system 

9. Is there undesirable persistence 

or concentration of the material or 

breakdown products in 

environment?[§6518 m.2] 

X Agricultural Product used as ingredient in food products and 

no longer in eco-system 

10. Is there any harmful effect on 

human health? 

[§6517 c (1)(A)(i) ; 6517 c(2)(A)i; 

§6518 m.4] 

X See # 12 

11. Is there an adverse effect on 

human health as defined by 

applicable Federal regulations? 

[205.600 b.3] 

X See # 12 

12. Is the substance GRAS when 

used according to FDA’s good 

manufacturing practices? [§205.600 

b.5] 

X Widely Eaten for Centuries. Kombu was marketed in the U.S. 

prior to October 15, 1994. The Dietary Supplement Health 

and Education Act (DSHEA) provides that supplement 

ingredients that were marketed in the U.S. prior to the 

enactment of DSHEA on October 15, 1994 are considered safe 

and are “grandfathered in” as safe for use. 

13. Does the substance contain 

residues of heavy metals or other 

contaminants in excess of FDA 

tolerances? [§205.600 b.5] 

X Doubtful 

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 - Seaweed, Kombu to 205.606 

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 

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 

3. Is the substance created by 

naturally occurring biological 

processes? [6502 (21)] 

X Agricultural Product 

4. Is there a natural source of the 

substance? [§205.600 b.1] 

X Agricultural Product 

5. Is there an organic substitute? 

[§205.600 b.1] 

X Being petitioned for 205.606 

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 Agricultural Product 

8. Is the substance used in 

handling, not synthetic, but not 

organically produced? 

[§6517 c (1)(B)(iii)] 

X Being petitioned for 205.606 

9. Is there any alternative 

substances? [§6518 m.6] 

 X 

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 –Seaweed, Kombu

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 

3. Is the substance compatible 

with a system of sustainable 

agriculture? [§6518 m.7] 

X 

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 Complicated, it has those effects but not because they were 

lost in processing 

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 - _ Seaweed, Kombu to 205.606 

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 Essential ingredient in traditional Japanese cuisine. Well 

documented 

Kombu has certain characteristics not available in other 

organic certified sea vegetables 

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 Wild crop certification extremely complicated. Documented 

non-availability 

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 Quality not really an issue with Kombu...if it is lamanaria 

Japonica etc. it fulfills needed functions 

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 Well documented 

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); 

X Also phoned major Kombu distributors in the US and they 

confirmed petitioner information. 

 Production only in Japan 

b. Number of suppliers and amount 

produced; 

X Actual names were CBI 

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 Petitioner did not claim any weather or other factors limited 

supply 

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