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Learn About the Issues at the Fall 2015 NOSB Meeting

Keeping Organic Strong: Changes in organic regulations and farming practices
National Organic Standards Board

Fall 2015 NOSB Meeting
Comment by October 8, 2015!

When: October 26 - 29, 2015
Where: Stoweflake Conference Center PO Box 369, 1746 Mountain Rd. Stowe, VT 05672

The fall 2015 meeting dates have been announced and public comments are due by October 8, 2015. Your comments and participation are critical to the integrity of the organic label.

The proposals of the National Organic Standards Board (NOSB), as a part of its ongoing review of practices and materials, were published for public comment. The public comment period will end October 8, 2015. On this page in the next few days, Beyond Pesticides will be providing the public with a listing and analysis of the issues under consideration of the Board when it meets in Vermont on October 26-29, 2015. You can view USDA's announcement of the NOSB recommendation here. Please check back to see Beyond Pesticides' analysis.

To truly make an impact in the future of organic, Beyond Pesticides encourages you to:

**On certain browsers, it may be necessary to download a PDF version of Beyond Pesticides' comments in order to view the navigation pane**

About the Board

The 15 member board, consisting of 4 farmers, 3 environmentalists, 3 consumers, 2 food processors, and one retailer, scientist and certifying agent, votes to allow or prohibit substances and practices in certified organic food and farming. The NOSB acts as a life-line from government to the organic community as it considers input from you, the public - the concerned citizens upon whom organic integrity depends. That is why your participation is vital to the development of organic standards. Rest assured, if you submit a public comment either in person or online, your concerns will be considered by the Board. Remember that the NOSB can't take serious action to protect organic integrity without your input!

Issues Before the NOSB for Fall 2015

Materials in the list below are either the subject of petitions or the subject of sunset review. Petitioned materials must have evidence summarized in the proposals that they meet the OFPA requirements of essentiality, no adverse effects on humans and the environment, and compatibility with organic practices. Sunset items are already on the National List, and being considered for delisting. They are subject to the same criteria, but are being considered under NOP's new rules.

The NOSB will vote on those materials subject to "2017 Sunset Review," but any substantive comments on them now will be considered "untimely." We have some procedural comments on them. Although the NOSB will not vote on those materials listed under "2018 Sunset Summaries" at this meeting, comments received after the spring meeting will be considered untimely. The subcommittees have not published summaries of evidence concerning all of the 2018 sunset materials.

There are also some very important issues in discussion documents dealing with defining and prevention of contamination by genetically engineered organisms ("excluded methods" in NOP terminology) and prevention of contamination in organic farm inputs. Discussion documents are not up for a vote, but form the basis for future proposals; this is a valuable opportunity to give input.

 

Crops Subcommittee

Handling Subcommittee

Livestock Subcommittee

Materials Subcommittee

Policy Development Subcommittee

Miscellaneous Issues
   

 

 

See Full Meeting Agenda

 

Take Action at Regulations.gov!
(Comments Due October 5, 2015!)

 

See All
Comments So Far

 

See Beyond Pesticides' Commenting Guidelines

 

See All Meeting Materials and Issues

 

The Organic Foods Production Act

 

Proposals
    • Annotation Change for Micronutrients
      • SEE BEYOND PESTICIDES FINAL COMMENTS HERE
      • SUBMIT YOUR COMMENT HERE
      • Background: Beyond Pesticides opposes the annotation change proposed by the Crops Subcommittee because it encourages the use of synthetic micronutrients without empirical evidence to demonstrate need. While the CS correctly points to methods other than soil testing to document soil deficiency, we disagree with the intention of the CS to allow "proactive" use of synthetic micronutrients. We disagree with the use of "Professional crop advisors and agronomists who know the nutrient needs of specific crops and regions and will write recommendations for correction before the problem of deficiency occurs" because such opinions are not necessarily based on evidence at the site, and because it is contrary to OFPA.
  • Annotation Changes for EPA List 4 Inerts
    • SEE BEYOND PESTICIDES FINAL COMMENTS HERE andHERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides strongly opposes the proposed annotation of the listings for so-called “inert” ingredients in a way that abdicates NOSB responsibility for reviewing them. “Inert” ingredients in pesticide products are neither chemically nor biologically inert. They are designed to enhance the pesticidal activity of pesticide products and can have toxic properties that do not meet the standards of the Organic Foods Production Act (OFPA). The Crops and Livestock Subcommittees have proposed an annotation that would allow all chemicals listed on EPA’s Safer Chemical Ingredient List to be used as “inert” ingredients in organic production. The NOSB should
      • Reject the proposed annotation change;
      • Tell NOP to change the listing of “inerts” as unanimously approved by the NOSB in 2012;
      • Implement the review plan approved unanimously by the board in 2012, and
      • Amend the listing to remove toxic nonylphenol ethoxylates (NPEs).
      • Make changes only to hasten the review of so-called “inerts.”
  • Laminarin - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENTS HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides opposes the proposal to classify laminarin as nonsynthetic, which would permit its use without examination of hazards. Not only do we believe that the manufacturing process qualifies this material as a synthetic material, but there are also issues of health and safety that the Board should evaluate as it moves forward in determining whether these materials should be recommended for allowance in organic production. Laminarin is extracted from seaweed and is also found in fungi. Laminarin works by amplifying natural plant defenses and by increasing the concentration of anti-herbivore and antifungal metabolites, such as the toxic chemical solanine in potatoes. The subcommittee has not addressed the issue of whether laminarin and seaweed extracts might result in levels of exposure to plant-defensive chemicals that could prove toxic to consumers, but also result in levels of exposure that are toxic to pollinators.
  • Lignan Sulfonate - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENTS HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the CS proposal to approve the Organic Trade Association petition to remove the listing of lignin sulfonate at §205.601(l) as a flotation agent for postharvest handling because it is no longer needed. The evaluation criteria checklist provided in the CS proposal is inadequate because it does not provide citations or documentation for the criteria it has "checked off" and ignores findings in the Technical Review of lignin sulfonate concerning environmental hazards, "Lignin sulfonate is a by-product of paper pulping. Pulp and paper is the third largest industrial polluter to air, water, and land in both Canada and the United States, and releases well over 100 million kg of toxic pollution each year...resulting in high biological oxygen demand as it decomposes, which depletes oxygen for aquatic animals." Disposal of water containing lignin sulfonate can produce toxic and low oxygen conditions in receiving waters. Because alternatives are available that do not harm air, water, or land, lignin sulfonate is unnecessary.
  • Sulfuric Acid - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENTS HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the CS proposal to deny the petition to use sulfuric acid to make micronutrients more bioavailable. Sulfuric acid is a strong corrosive acid. According to the Technical Review, "Facilities that manufacture sulfuric acid are among the primary sources of sulfuric acid releases to the environment," which contributes to acid rain. Sulfuric acid is unnecessary because management alternatives, as well as nonsynthetic and allowed synthetic inputs are available to provide micronutrients. The CS states: [T]he process of treating micronutrients with sulfuric acid as described in this petition will produce forms of micronutrients that are highly refined and designed to spoon-feed plants in ways that circumvent the natural soil biological processes central to organic farming systems.
  • Seaweed Extracts - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENTS HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the CS proposals to classify seaweed extracts as synthetic and deny the petition for listing on §601. Seaweed extracts, such as laminarin (above), must be classified as a synthetic substance if they are extracted as described in the petitions. Sulfuric acid is added during the extraction process for these materials. It is neutralized with sodium or potassium hydroxide in a later step. While the reaction of sulfuric acid and sodium/potassium hydroxide neutralizes the acid, thus "removing" that effect, it does not remove the sulfur. Sodium or potassium is also added. Thus, sodium sulfate or potassium sulfate is a net addition. It is the remaining material at levels that are of technical concern or that have technical effect that requires the classification of this material as a synthetic. Removal is not the same thing as eliminating the function while creating an added substance in the material. See also laminarin above.

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Crops 2017 Sunset Summaries 205.601 (Synthetic Materials Allowed in Organic Crop Production): PDF

  • EPA List 4 - Inerts of Minimal Concern
    • SUBMIT YOUR COMMENT HERE
    • Background:
      • The Crops and Livestock Subcommittees have proposed an annotation that would abdicate NOSB responsibility for reviewing "inerts." In addition, the listing for "inerts" is up for sunset.
      • So-called "inert" ingredients in pesticide products are neither chemically nor biologically inert. They are designed to enhance the pesticidal activity of pesticide products and can have toxic properties that do not meet the standards of the Organic Foods Production Act (OFPA). Active ingredients in pesticide products used in organic production have been carefully screened to ensure that they meet the requirements of OFPA, thus presenting little hazard to people and ecosystems, from their manufacture through their use and disposal. So-called "inert" ingredients, on the other hand, have not received the same level of scrutiny to ensure that they meet OFPA standards. In addition, many pesticide product formulations are composed of mostly "inert" ingredients. As a result, the most hazardous part of pesticide products used in organic production may actually be the so-called "inert" ingredients.
      • The NOSB should reject the proposed annotation change. The NOSB should (1) Tell NOP to implement the review plan approved unanimously by the board in 2012, using EPA's Safer Choice Program as a resource, but not depending on its list (2) amend the listing to remove toxic nonylphenol ethoxylates (NPEs), and (3) amend the list with expiration dates for the remaining classes of "inerts."
  • Chlorine Materials: Calcium hypochlorite, Chlorine dioxide, Sodium hypochlorite
    • SUBMIT YOUR COMMENT HERE
    • Background: To the extent possible, organic should be chlorine-free. Chlorine is hazardous in its production, transportation, storage, use, and disposal. EPA's Design for the Environment has identified safer viable alternatives for some or all uses, including other materials on the National List. It is time for the NOSB to update its thinking and approach to cleaners and disinfectants.

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Crops 2017 Sunset Summaries 205.602 (Natural Materials Prohibited in Organic Crop Production): PDF

    • Background: Natural (nonsynthetic) materials that are prohibited in organic crop production are listed on §205.602. Although some of the materials on §602 are prohibited from use in organic production directly by OFPA, and others, it appears, are listed based on common sense, good government requires that regulations be backed up by reference to legal criteria. Therefore, we were pleased to see that several of the materials on §602 have been supported by checklists. We hope that before the next meeting, such justification is produced for the remaining materials. Finally, although tobacco dust/nicotine sulfate is no longer available for sale in the United States, it should remain on §602 to discourage use of homemade tobacco dust.
  • Ash from manure burning
  • Arsenic
  • Lead salts
  • Potassium chloride
  • Sodium fluoaluminate
  • Strychnine
  • Tobacco dust (nicotine sulfate)

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Proposals

  • Reclassification of Alginic Acid
    • SEE BEYOND PESTICIDES FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the reclassification of alginic acid as synthetic. We agree that application of the draft NOP classification guidelines supports a classification of alginic acid because the salts and not the acids occur naturally in seaweeds. However, we disagree that alginic acid should be listed on §205.605(b). The use of a synthetic material to improve textures in soups and soup mixes is a purpose that is not essential to the production of food, and the TR lists many natural and organic substitutes. In addition, the harvesting and processing of seaweed for alginic acid results in ecological damage.
  • Reclassification of Carnauba Wax
    • SEE BEYOND PESTICIDES FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the reclassification of carnauba wax as agricultural. We support the listing of carnauba wax on §205.606 if an annotation is added to prevent contamination with undesirable synthetic materials. Carnauba wax is a wax of the leaves of a palm native to and grown only in northeastern Brazil. It is used in food products as a fruit and vegetable coating, for candies, and as a base for chewing gum. It may become contaminated with extractants or other ingredients, so we suggest the annotation, "Not extracted using volatile synthetic solvents; contains only ancillary substances approved for organic production."
  • Sodium Lactate and Potassium Lactate - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides agrees that sodium lactate and potassium lactate must be on the National List in order to be used in organic food. However, we oppose their listing because they are synthetic preservatives, and are thus not allowed in organic processing and are thus not appropriate for use in organic food.
  • Flavors - petitioned
    • SEE BEYOND PESTICIDES FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides supports the proposal to annotate flavors. We also support the plan outlined by the Handling Subcommittee (HS) and urge its adoption as a recommendation by the NOSB by adding an expiration date to the listing. Finally, we thank the HS for its careful and concise description of the history and the issues.
  • Ancillary Substances for Microorganisms, Pectin, and Yeast
    • SEE BEYOND PESTICIDES' FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides opposes all three proposals on ancillary substances because they are inconsistent with OFPA and the process adopted by the NOSB for review of ancillary substances. Therefore, we urge the NOSB to reject all three ancillary ingredients proposals. We believe that this experiment has been shown to result in inadequate control over chemicals added to organic foods, and we therefore recommend that the NOSB require that all ingredients allowed in organic foods –ancillary or otherwise—be either organic or listed on the National List.

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Handling 2017 Sunset Summaries 205.605(a) (Synthetic Nonorganic Nonagricultural Materials Allowed in Organic Processing and Handling): PDF

  • Background:205.605 refers to nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as “organic” or “made with organic (specified ingredients or food groups).” NOSB subcommittees are proposing to move forward listings with changed annotations along with a vote on sunset – for micronutrients and List 4 “inerts” on §205.601 and §205.603, and flavors on §205.605. In addition, HS is proposing to change the listings of alginic acid from §205.605(a) to §205.605(b) and carnauba wax from §205.605(a) to §205.606. These actions are not allowed by the current NOP-directed sunset procedure.

    Beyond Pesticides is providing substantive comments on §205.605(a) and §205.605(b) due to sunset in 2017. Since many of our spring 2015 comments suggested issues that needed to be investigated by the committee, some of our comments are contingent on the results of those investigations. While we are commenting on proposed changes in annotations to materials under sunset review, we do this under protest because of NOP’s failure to follow legally prescribed public process when changing the rules governing the NOSB’s policies and procedures.

  • Acid, Alginic
  • Acid, Citric
  • Acid, Lactic
  • Attapulgite
  • Bentonite
  • Calcium carbonate
  • Calcium chloride
  • Dairy cultures
  • Diatomaceous earth
  • Enzymes
  • Flavors
  • Kaolin
  • Magnesium sulfate
  • Nitrogen
  • Oxygen
  • Perlite
  • Potassium chloride
  • Potassium iodide
  • Sodium bicarbonate
  • Sodium carbonate
  • Waxes: Carnauba
  • Waxes: Wood rosin
  • Yeast

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Handling 2017 Sunset Summaries 205.605(b) (Synthetic Nonorganic Nonagricultural Materials Allowed in Organic Processing and Handling): PDF

  • Background: 205.605 refers to nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as “organic” or “made with organic (specified ingredients or food groups).” NOSB subcommittees are proposing to move forward listings with changed annotations along with a vote on sunset – for micronutrients and List 4 “inerts” on §205.601 and §205.603, and flavors on §205.605. In addition, HS is proposing to change the listings of alginic acid from §205.605(a) to §205.605(b) and carnauba wax from §205.605(a) to §205.606. These actions are not allowed by the current NOP-directed sunset procedure.

    Beyond Pesticides is providing substantive comments on §205.605(a) and §205.605(b) due to sunset in 2017. Since many of our spring 2015 comments suggested issues that needed to be investigated by the committee, some of our comments are contingent on the results of those investigations. While we are commenting on proposed changes in annotations to materials under sunset review, we do this under protest because of NOP’s failure to follow legally prescribed public process when changing the rules governing the NOSB’s policies and procedures.

  • Chlorine Materials: Calcium hypochlorite, Chlorine dioxide, Sodium hypochlorite

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Handling 2017 Sunset Summaries 205.606 (Nonorganic Agricultural Materials Allowed in Organic Processing and Handling):
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Discussion Document

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Livestock 2017 Sunset Summaries 205.603 (Synthetic Materials Allowed in Organic Livestock Production) and 205.604 (Natural Materials Prohibited in Organic Livestock Production): PDF

  • EPA List 4 - Inerts of Minimal Concern
    • SUBMIT YOUR COMMENT HERE
    • Background: So-called "inert" ingredients in pesticide products are neither chemically nor biologically inert. They are designed to enhance the pesticidal activity of pesticide products and can have toxic properties that do not meet the standards of the Organic Foods Production Act (OFPA). Active ingredients in pesticide products used in organic production have been carefully screened to ensure that they meet the requirements of OFPA, thus presenting little hazard to people and ecosystems, from their manufacture through their use and disposal. So-called "inert" ingredients, on the other hand, have not received the same level of scrutiny to ensure that they meet OFPA standards. Reliance on the registration of pesticide products with inert ingredients by the U.S. Environmental Protection Agency does not ensure that the standards of OFPA are met, given that the reviews and use allowances under the agency's authorizing legislation (the Federal Insecticide, Fungicide and Rodenticide Act) are based on different and often incompatible standards. In addition, many pesticide product formulations are composed of mostly "inert" ingredients. As a result, the most hazardous part of pesticide products used in organic production may actually be the so-called "inert" ingredients. The NOSB should (1) Tell NOP to implement the review plan approved unanimously by the board in 2012, (2) amend the listing to remove toxic nonylphenol ethoxylates (NPEs), and (3) amend the list with expiration dates for the remaining classes of "inerts."
  • Methionine
    • SUBMIT YOUR COMMENT HERE
    • Background: Synthetic methionine should be phased out of organic poultry feed as the NOSB originally decided. Methionine is an amino acid that acts as a growth promoter (comparable to the synthetic growth promoter rGBH used in dairy cows). The Livestock Subcommittee (LS) proposal would increase use of synthetic methionine above currently allowed levels without any scientific support. Synthetic methionine is not necessary for animal welfare, but is needed to sustain the factory model of egg and broiler production. Neither synthetic amino acids nor synthetic growth promoters are compatible with organic practices. While the LS proposes a resolution to phase out the use of synthetic methionine, it failed to consider including an expiration date –for which the proposal was sent back to the subcommittee and without which the phase out cannot be accomplished.
  • Chlorine Materials: Calcium hypochlorite, Chlorine dioxide, Sodium hypochlorite
    • SUBMIT YOUR COMMENT HERE
    • Background: To the extent possible, organic should be chlorine-free. Chlorine is hazardous in its production, transportation, storage, use, and disposal. EPA's Design for the Environment has identified safer viable alternatives for some or all uses, including other materials on the National List. It is time for the NOSB to update its thinking and approach to cleaners and disinfectants.
  • Alcohols: Ethanol, Isopropanol
    • SUBMIT YOUR COMMENT HERE
    • Background: Ethanol and isopropanol may be manufactured chemically or by fermentation. Nonsynthetic alcohols, essential oils, and heat treatment are alternatives, as well as preventive management. The NOSB should investigate the availability of nonsynthetic, non-GMO alcohols.
  • Hydrogen peroxide
    • SUBMIT YOUR COMMENT HERE
    • Background: Hydrogen peroxide is relatively nontoxic in low concentrations, though it is a powerful oxidizer and may damage soil biota. Repeated exposure to vapor is harmful. It breaks down quickly to oxygen and water, and therefore does not have a residual effect. When the NOSB reviews needs for sanitizers, it should ask whether concentrated hydrogen peroxide is needed.
  • Iodine
    • SUBMIT YOUR COMMENT HERE
    • Background: Iodine is frequently formulated as iodophors –with surfactants or complexing agents. Iodophors containing nonylphenols (NPs) and nonylphenol ethoxylates (NPEs) are strong endocrine disruptors with impacts on many species, including gender changes. Organic alternatives and natural alternatives exist for some uses. The iodine listings should not permit iodophors containing APs and APEs. Since the listings cannot be annotated at sunset, iodine should be removed from the National List.
  • Peroxyacetic/Peracetic acid
    • SUBMIT YOUR COMMENT HERE
    • Background: Peracetic acid is another powerful oxidizer, but it breaks down to harmless materials, unlike chlorine. Peracetic acid is an irritant of the skin, eyes, mucous membranes, and respiratory tract. When the NOSB reviews needs for sanitizers, it should ask whether peracetic acid is needed.
  • Copper sulfate
  • Sucrose octanoate esters
  • Excipients
  • Formic Acid
  • Tolazoline
  • Xylazine
  • Butorphanol
  • Aspirin
  • Atropine
  • Biologics, Vaccines
  • Chlorhexidine
  • Electrolytes
  • Flunixin
  • Furosemide
  • Glucose
  • Glycerin
  • Magnesium hydroxide
  • Magnesium sulfate
  • Oxytocin
  • Parasiticides: Fenbendazole, Ivermectin, Moxidectin
  • Phosphoric acid
  • Poloxalene
  • Iodine (Teat Dip)
  • Lidocaine
  • Lime, hydrated
  • Mineral oil
  • Procaine
  • Trace minerals
  • Vitamins

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Proposals on Petitions

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  • Policy and Procedures Manual Revisions
    • SEE BEYOND PESTICIDES FINAL COMMENT HERE
    • SUBMIT YOUR COMMENT HERE
    • Background: Beyond Pesticides opposes revisions to the NOSB Policy and Procedures Manual (PPM) that take power away from the NOSB and the public and reduce transparency in oversight of organic production. The law gives independent powers to the NOSB because of concerns that USDA would not honor organic principles. But the revisions take power away from the NOSB and create increased secrecy in the decision making process and less transparency of information used. The NOSB must demand to vote on changes, based on a redlined version, an annotated table of contents that indicates which sections have been moved or changed, and an explanation and justification of each change. Changes that take power away from the NOSB or reduce transparency should be rejected.

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