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Update

NOSB-NOP-EPA Working Group

on Inert Ingredients

National Organic Standards Board Meeting

April 11, 2013

Portland, Oregon
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Working Group on Inert Ingredients

• NOSB: Jay Feldman, Zea Sonnabend

• NOP: Emily Brown Rosen, Lisa M. Brines 

• EPA: Chris Pfeifer (BPPD), Kerry Leifer

(Registration Division, Inerts)
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Background

• The Organic Foods Production Act of 1990 indicates 

that the National List may provide for the use of 

inerts in pesticides that are not classified by EPA as 

“inerts of toxicological concern”

• NOP definition of “inert ingredient” follows from 

FIFRA definitions (i.e., not necessarily 

chemically/biologically “inert”)
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NOP Rule - National List

• List 4 – Inerts of Minimal Concern

– Synthetic inert ingredients classified as List 4a 

and 4b by EPA are allowed in pesticides for 

organic use (§ 205.601(m) and §205.603(e))

• List 3 inerts are allowed in passive pheromone 

dispensers only (§205.601(m)(2))
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Issue

• EPA put inerts into lists according to toxicology and use 

pattern

• EPA revised system of assessment in 2006 and no 

longer uses or maintains Lists 1-4

• NOP is operating with obsolete list of inerts, last 

updated August 2004

• Manufacturers are petitioning for use of inerts that do 

not appear on the old lists
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Recent Work

• In October 2012, NOSB issued a 

recommendation on policy and procedure 

for review of inerts in pesticide formulations

• In February 2013, NOP responded to the 

NOSB fall recommendations
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Fall 2012 NOSB Recommendation

• NOSB recommended a series of steps to use for preparing for 

inerts review, screening guidelines, a tentative list of proposed 

groups, and a timeline for review

• NOSB requested that NOP identify a mechanism to notify 

manufacturers and the public regarding the inerts review 

process

• Mechanism should include a list of which inerts are under 

review and how to inform the working group of inerts that are 

in use, but not on the list
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Process to determine inerts for review

• FIFRA provides that inert ingredients used in pesticides 

do not need to be disclosed on product labels

• In previous work, the inerts working group identified 

and grouped a number of inert ingredients that are 

used in organic products

• NOP intends to publish the list of inerts and groups for 

public comment
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Next Step for NOP: Notification and Public 

Comment

• Notification to the public of inert ingredients known to be 

in use in organic production

• Notification to the public of the NOSB’s review plan, 

including the groupings of inert ingredients for which 

NOSB will conduct its review; and

• A request for public comments regarding other inert 

ingredients currently in organic production that are not 

identified in the list

• Federal Register notice is under legal review
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After public notification:

• Comments will be used to finalize groups 

and initiate technical reports

• One technical report will be developed per 

group of inerts

• NOSB will review inerts by group according 

to the criteria in OFPA
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Additional Progress since Fall 2012

• Groups finalized (pre-public notice and comment)

– The IWG has finalized a list of groups of inerts based on 

chemistry, using feedback from EPA

• Technical Reports

– Group has identified updates for the technical report template 

for review of a group of inerts, rather than individual substances

• Trial run (pre-technical report)

– IWG has run a test group through the NOSB checklist and screen 

provided in the NOSB Fall 2012 recommendation checklist
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Timeline – Fall 2012 NOSB 

Recommendation

• Review 4-6 groups per year during four year period beginning in 

2013

• Complete most reviews by Spring 2015

• Timeline is intended to allow for rulemaking by October 2017 

(Sunset date for List 4 inerts)

• Implementation period will be needed, taking into account public 

comment, the need for additional reviews, and time for 

reformulation and compliance

• The NOSB will assess the viability of the timeline after it completes 

the recommendation on the first few groups of inerts
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Questions?