National Organic Standards Board
Keeping Organic Strong: Changes in organic regulations and farming practices
Results from the Fall 2012 meeting of the National Organic Standards Board
View Results by Subcommittee:
For Background Information, refer to Beyond Pesticides' summary of the issues.
October 15-18, 2012 • Providence, Rhode Island
In October, the U.S. Department of Agriculture's National Organic Standards Board (NOSB) met to decide on a range of issues concerning allowable materials and practices in certified organic farming. The recommendations adopted by the Board will be sent on to USDA's National Organic Program (NOP) for incorporation into federal regulations. A transcript of the entire four-day meeting can be read here. Additionally, NOP has provided a short summary of the meeting.
On this page, you will find summaries of the significant actions taken by the Board at the meeting along with supporting documentation. Each issue is discussed separately, incorporating Beyond Pesticides' positions on what the outcomes signify for the future of the organic movement. In an effort to provide the public with the maximum amount of transparency, we have also included the votes cast by individual members of the Board. Each member's name is hyperlinked to NOP's summary of their background experience in organic production.
The next NOSB meeting will be held in Portland, Oregon on April 8-12, 2013. More information about this meeting will be posted as it becomes available, but we expect Spring '13 to be an exciting meeting, so stay tuned! If you'd like further information about previous NOSB meetings go to our NOSB Archives page.
Issues Discussed by the Board
These are the materials and substances which came before the board
for consideration at this meeting. For the materials on which a vote
was taken, the substance's current regulatory status is noted as well as
what the outcome of the Board's final vote means for this status. You
can also access the original recommendations proposed by the committees
going into the meeting and Beyond Pesticides' comments submitted to the
Board concerning each issue. Any final recommendations adopted
by the full Board are also included.
Crops Subcommittee: (back to top)
Ferric Phosphate
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Allowed in Organic Production
NOSB Recommendation: Continue Allowance in Organic Production
Beyond
Pesticides supported the petition to prohibit ferric phosphate because in
order to be effective, it has to be combined with EDTA, a compound
that has been shown to harm earthworms and beneficial soil organisms. The
Board decided that EDTA is an "inert" ingredient, which will be
considered in the process of reviewing all "inerts" in organic
production.
Yes votes against allowing ferric phosphate: 3
Jay Feldman, Colehour Bondera, Jennifer Taylor
No votes in favor of allowing ferric phosphate: 12
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin Walker
For more information, view Beyond Pesticides' background summary on the issue.
Propylene Glycol Monolaurate
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Production
NOSB Recommendation: Remain Prohibited in Organic Production
Beyond Pesticides supports this decision by the Board. After voting unanimously to affirm that PGML is a synthetic substance, the NOSB rejected the petition to add PGML to the National List of allowed substances in organic production. PGML was rejected because it is a synthetic product, effective alternatives are available, and the environmental impacts as a result of its use are not consistent with organic production systems. Those in the minority vote asserted that the effectiveness of alternatives were too sporadic. However, those in the majority countered that as a tool made for use in conventional agricultural systems, PGML should not serve as an organic system tool.
Yes votes in favor of allowing PGML: 5
Harold Austin, Carmela Beck, John Foster, Joe Dickson, Wendy Fulwider
No votes against allowing PGML: 10
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Tracy Favre, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Oxidized Lignite
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Hydrogen Peroxide Extracted Oxidized Lignite Prohibited in Organic Production
NOSB Recommendation: Remain Prohibited in Organic Production
Beyond Pesticides supports the outcome of the Board’s vote. Although it the vote was 8-Yes and 7-No, the motion failed because the NOSB requires a 2/3 majority in order to pass a recommendation.
Oxidized lignite can occur through natural processes in the field or through using super-heated water or ozone in a lab. However, since the manufacturing process motion that was proposed was redacted as Confidential Business Information, the motion proposed was to add Hydrogen Peroxide extraction to the annotation for humic acids already on the National List. Beyond Pesticides agreed with this context, but contended that oxidized lignite should not be added to the National List due to the availability of effective alternatives, and the human health and environmental hazards associated with its extraction.
Yes votes in favor of listing oxidized lignite: 8
Nick Maravell, Tracy Favre, Jean Richardson, Harold Austin, Carmela Beck, John Foster, Joe Dickson, Wendy Fulwider
No votes against listing oxidized lignite: 7
Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor, Zea Sonnabend, Robert "Mac" Stone, Barry Flam
For more information, view Beyond Pesticides background summary on the issue.
Biodegradable Bioplastic Mulch/ Biodegradable Biobased Mulch Film
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited for Use in Organic Production
NOSB Recommendation: Allowed for Use in Organic Production
In the motion approving the product, the NOSB changed the name from “bioplastic mulch” to “biobased mulch film” in order to facilitate the rulemaking process. Although Beyond Pesticides originally supported the decision to add biodegradable mulch to the National List, further information revealed at the meeting regarding the ability of the product to completely degrade is concerning. Explicit and defined language within the motion regarding requirements for degradation would have been preferable, but we remain hopeful as the NOP has agreed to work with the Board during the rulemaking process. Within the motion, the Board clarified that biobased film derived from genetically modified organisms (GMOs) or produced with nanomaterial was prohibited. We hope to see the concerns surrounding biobased mulch film addressed as a research priority for the coming year.
Yes votes in favor of allowing biobased mulch film: 12
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin Walker
No votes against allowing biobased mulch film: 3
Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Rotenone
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Voluntarily Phased Out of Use, but Available in Other Countries
NOSB Recommendation: Clarified as a Prohibited Nonsynthetic Substance
Beyond Pesticides thanks the Board for clarifying this issue. Although rotenone was voluntarily cancelled by the manufacturer and is in the process of being phased out due to health risks such as Parkinson’s disease, the substance is still in use in other countries. Thus, the Board found it necessary to clarify the listing of rotenone as a prohibited nonsynthetic substance. However, the motion contains a multi-year period before the recommendation takes effects in order to research and register alternatives.
Yes votes in favor of prohibiting rotenone: 15
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
No votes against prohibiting rotenone: 0
For more information, view Beyond Pesticides background summary on the issue.
Sulfuric Acid
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited for Use in Organic production
NOSB Recommendation: Remain Prohibited in Organic Production
Beyond Pesticides agrees with the Board’s decision for this synthetic chemical. The motion requested by the petitioner was to use sulfuric acid as a stabilizing agent for digested poultry manure. A similar motion for the chemical’s use as a livestock manure was rejected by the Board in 2006. A majority on the Board agreed that manufacturing process for the substance is not in line with organic principles because of its adverse environmental and health impacts, and lack of essentiality.
Yes votes in favor of allowing sulfuric acid: 3
John Foster, Joe Dickson, Harold Austin
No votes against allowing sulfuric acid: 12
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Tracy Favre, Carmela Beck, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Inert Ingredients
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Not Subject to Review Under the National List
NOSB Recommendation: Required to be Reviewed Under the National List
Beyond Pesticides is thrilled with the Board’s decision to require a review of so-called "inert ingredients," those ingredients in pesticide products on the National List that are not claimed to have pesticidal effects. The recommendation contains new regulatory language, a series of steps to use in preparing for inerts review, screening guidelines that the Technical Evaluation Reports (TERs) will address, a tentative list of the proposed groups, and a rough timeline for review and completion. An Inerts Working Group (IWG) consisting of representatives of the NOSB, NOP, and EPA in consultation with the Organic Materials Review Institute (OMRI) and Washington State Dept. of Agriculture (WSDA) developed the process and will continue to fine-tune it. The review of inert ingredients will be performed by the Crops Subcommittee.
The recommendation creates a four-year timeframe to evaluate inert ingredients currently in use in organic agriculture that are not exempt from pesticide registration under FIFRA section 25(b). This includes former EPA List 4b and List 3 inerts in pheromones that were identified through information supplied by the Material Review Organizations OMRI and WSDA. It also will include inert ingredients that have previously petitioned, and a call for other (inert) ingredients. This list so far is 126 individual substances. The IWG is working to categorize the substances in the "other" category into additional or existing groups. The full group listing, including the list of chemicals, will be presented at the Spring 2013 NOSB meeting. It is expected that 4-6 groups of chemicals will be evaluated every year during the four year period beginning in 2013. Although this proposal will require a large amount of work, rulemaking is expected to be completed by October 2017.
Yes votes in favor of review: 15
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
No votes against review: 0
For more information, view Beyond Pesticides background summary on the issue.
Livestock Subcommittee (back to top)
Nonanoic Acid
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Production
NOSB Recommendation: Remain Prohibited in Organic Production
Beyond Pesticides agrees with the recommendation by the Board. The NOSB decided against approving the petition to list nonanoic acid as an insect repellant because it does not fit into any of the categories of allowable uses of synthetics. It also failed the criteria for impact on the agro-ecosystem, environment, essentiality and compatibility with organic and sustainable agriculture.
Yes votes in favor of allowing nonanoic acid: 1
No votes against allowing nonanoic acid: 14
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Pet Foods Amino Acid
Current NOP Status: Prohibited in Organic Production
NOSB Recommendation:Vote Delayed Until Spring 2013
The Board recommended to delay the decision on the petition to allow amino acids in pet foods until 2013. The NOSB chose to delay this vote in order to make sure all pertinent information is reviewed by the Board.
For more information, view Beyond Pesticides background summary on the issue.
Handling Subcommittee: (back to top)
Refer to the Table of Petitioned Materials for Background Information On Organic Infant Formula
Ascorbyl palmitate
Current NOP Status: Prohibited as a Preservative in Organic Infant Formula
NOSB Recommendation: Remain Prohibited as a Preservative in Organic Infant Formula
Beyond Pesticides supports this decision by the Board. Ascorbic palmitate was petitioned for use as a preservative in organic infant formula. The Board determined that the substance did not meet the requirements for a synthetic in organic production. Although the material was voted down as a preservative, the Board clarified that the material is still allowed for use as vitamin C.
Yes votes in favor of allowing ascorbyl palmitate as a preservative: 4
Wendy Fulwider, Harold Austin, Carmela Beck, John Foster
No votes against allowing ascorbyl palmitate as a preservative: 11
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Tracy Favre, Carmela Beck, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Beta Carotene
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited as a Preservative in Organic Infant Formula
NOSB Recommendation: Remain Prohibited as a Preservative in Organic Infant Formula
Similar to the decision on ascorbic palminate, beta carotene was determined by the Board not to be essential to organic production. Although the material was voted down as a preservative, the Board clarified that the material is still allowed for use as vitamin A. Beyond Pesticides supports the NOSB's decision.
Yes votes in favor of allowing beta carotene as a preservative: 1
No votes against allowing beta carotene as a preservative: 14
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Lutein
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Infant Formula
NOSB Recommendation: Remain Prohibited in Organic Infant Formula
The Board voted to prohibit the use of lutein for several reasons. Beyond Pesticides is in accord with the decision by the Board.
First, the FDA has not yet decided whether this material is a “required” nutrient to be placed in infant formula.
Second, although lutein is made from marigold flowers, it is extracted in a way that makes the material a synthetic.
Third, there are sources of lutein which are grown and extracted using organic approved methods.
Therefore the NOSB recommended that lutein not be added to the National List because it is not an essential nutrient, and viable natural alternatives exist.
Yes votes in favor of allowing lutein: 6
Wendy Fulwider, Harold Austin, Carmela Beck, John Foster, Joe Dickson, Jean Richardson
No votes against allowing lutein: 9
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam,Tracy Favre, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Lycopene
Committee Proposal
Current NOP Status: Prohibited in Organic Infant Formula
NOSB Recommendation: Remain Prohibited in Organic Infant Formula
The Board voted to prohibit the use of lycopene because it was determined not to be essential by FDA regulations in the fotification of organic infant formula. Beyond Pesticides agrees with the Board's recommendation.
Yes votes in favor of allowing lycopene: 0
No votes against allowing lycopene: 15
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
L-carnitine
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Infant Formula
NOSB Recommendation: Remain Prohibited in Organic Infant Formula
The Board voted to prohibit the use of L-carnitine because it was determined not to be essential by FDA regulations in the fortification of organic infant formula. Beyond Pesticides agrees with the Board's recommendation.
Yes votes in favor of allowing L-carnitine: 6
Wendy Fulwider, Harold Austin, Carmela Beck, John Foster, Joe Dickson, Jean Richardson
No votes against allowing L-carnitine: 9
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam,Tracy Favre, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
L-methionine
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Infant Formula
NOSB Recommendation: Allowed in Organic Infant Formula Made with Isolated Soy-Based Protien
L-methionine was approved for use only in infant formula made with isolated soy-based protein. Beyond Pesticides agrees with this decision by the Board. This is because L-methionine is an essential, FDA mandated nutrient for infants, the body cannot synthesize the protein on its own, there are no alternate non-milk sources of the protein, and without this product there would be no organic soy based infant formula, as soy formula alone does not provide adequate levels of L-methionine. We encourage the Board to promote organic sources of extracted L-methionine.
Yes votes in favor of allowing L-methionine as a preservative: 13
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin WalkerJay Feldman, Colehour Bondera, Jennifer Taylor
No votes against allowing L-methionine as a preservative: 2
Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Nucleotides
Current NOP Status: Prohibited in Organic Infant Formula and "Made with Organic" Products
NOSB Recommendation: Remain Prohibited in Organic Infant Formula and "Made with Organic" Products
The petition presented to the Board would have approved nucleotides and their salts for use in infant formula labeled "organic" and "made with organic ingredients." It also would have allowed nucleotides in other products labeled "made with organic ingredients." Although the Board agreed to strike the language allowing nucleotides in other "made with organic" products, the petition was not approved. Beyond Pesticides agrees with outcome of this decision.
Yes votes in favor of allowing L-methionine: 7
Wendy Fulwider, Harold Austin, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Robert "Mac" Stone
No votes against allowing L-methionine: 8
Nick Maravell, Zea Sonnabend, Barry Flam,Tracy Favre, Calvin Walker, Jay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Taurine
Committee Proposal, Final NOSB Recommendation
Current NOP Status: Prohibited in Organic Infant Formula
NOSB Recommendation: Remain Prohibited in Organic Infant Formula
The Board voted to prohibit the use of taurine because it was determined not to be essential or compatible organic principles. Beyond Pesticides agrees with the Board's recommendation.
Yes votes in favor of allowing taurine: 1
No votes against allowing taurine: 14
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Jean Richardson, Calvin WalkerJay Feldman, Colehour Bondera, Jennifer Taylor
For more information, view Beyond Pesticides background summary on the issue.
Policy Development Subcommittee: (back to top)
Public Commenting
Committee Proposal, Final NOSB Recommendation
Beyond Pesticides is pleased that the entire NOSB voted in favor of the proposed public commenting recommendations. The new recommendations now give four minutes to public commenters, allowing one minute more or less at the descretion of the NOP in accordance with the NOSB chair before the meeting. While the NOSB strongly encourages those intending to provide public comments to sign-up before the closing date in the Meeting Notice, this recommendation allows commenters signing up at the last minute to be placed on a waiting list in order to speak if time allows.
Yes votes in favor approving the recommendation: 15
Nick Maravell, Zea Sonnabend, Robert "Mac" Stone, Barry Flam, Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson, Jean Richardson, Calvin WalkerJay Feldman, Colehour Bondera, Jennifer Taylor
No votes against approving the recommendation: 0
For more information, view Beyond Pesticides background summary on the issue.
Conflict of Interest
The NOSB decided to table this issue for future consideration, as there were many changes from the publically submitted recommendation. Additionally, NOP also expressed concern over certain recommendations and wanted to give feedback to the Board.
For more information, view Beyond Pesticides background summary on the issue.
Public Communication
Committee Proposal, Final NOSB Recommendation
The Board did not approve the recommendation proposed by the Policy Development Subcommittee. This proposal would have established a policy through which the NOSB would provide effective advice, clarification, written information to the Secretary of Agriculture as it deems necessary. This information would be intended to facilitate public communication to the Secretary on issues critical to the implementation and integrity of organic standards. The recommendation also would have implemented a mechanism through which public feedback would be posted year-round for viewing by the NOSB, NOP and the public. Although this recommendation did not pass, Beyond Pesticides is hopeful that these important issues will be addressed at future NOSB meetings.
Yes votes in favor approving the recommendation: 8
Nick Maravell, Robert "Mac" Stone, Barry Flam, Jean Richardson, Calvin WalkerJay Feldman, Colehour Bondera, Jennifer Taylor
No votes against approving the recommendation: 6
Wendy Fulwider, Harold Austin, Tracy Favre, Carmela Beck, John Foster, Joe Dickson
Those abstaining from the recommendation: 1
For more information, view Beyond Pesticides background summary on the issue.
About the NOSB
USDA’s Agricultural Marketing Service oversees the National
Organic Program (NOP) and the NOSB. The NOSB includes four producers,
two handlers, one retailer, three environmentalists, three consumers,
one scientist and one certifying agent. The Board is authorized by the Organic Foods Production Act and makes recommendations to the Secretary of Agriculture regarding
the National List of Allowed and Prohibited Substances for organic
operations. The NOSB also may provide advice on other aspects of the
organic program.The executive director of Beyond Pesticides is serving a
five-year term (2010-2014) on the NOSB as one of three
environmentalist/resource conservationist stakeholders. For more
information on the history of organic agriculture and why it is the
best choice for your health and the environment, please see Beyond
Pesticides’ Organic Food Program Page