October 8, 2015
Ms. Michelle Arsenault, Advisory Committee Specialist
National Organic Standards Board
USDA-AMS-NOP
1400 Independence Ave., SW
Room 2648-So., Mail Stop 0268
Washington, DC 20250-0268
RE: Docket AMS-NOP-15-0037 - NOP–15–11 Crops and Livestock
Subcommittees – Proposal: Annotation Change on EPA list 4 Inerts
on 205.601(m) and 205.603(e).
Dear NOSB Members:
Thank you for the opportunity to provide comments regarding the NOSB
proposal to change the reference lists and criteria for inert material review.
MOSA (Midwest Organic Services Association) certifies approximately 1600
organic operations throughout the United States. Many MOSA certified
operations use materials containing inert ingredients. We have approximately 50
different reviews recorded in our materials database for pesticide products where
inert ingredients are listed and additionally note that a good portion of
operations use OMRI listed products.
In summary, we support the proposed annotation change, but we
have a few comments and questions about the proposed annotations.
We would like to thank you for the clear guidance regarding material lists to
reference for inert approval. We recognize that some confusion could exist, so
please include direct links or other clarification to provide absolute certainty
regarding each reference list.
We also appreciate the NOSB’s recognition of the need for an implementation
time period. Reformulation, material listing and recognition, and re-review of all
inert ingredients will be needed. The organic industry will need time to adjust.
Following are our comments and questions about the proposed annotations.
(i) Substances permitted for use in minimal risk products exempt from pesticide
registration under FIFRA section 25(b).
http://www2.epa.gov/minimum-risk-pesticides/inert-ingredients-approved-useminimum-risk-pesticide-products
This list is easily searchable, though not very comprehensive. Please
clearly state that the list to reference is inert ingredients, and not the minimum
risk active ingredient list. We assume that active ingredient review would not
change.
(ii) Substances included on the EPA’s Safer Chemical Ingredient List.
http://www2.epa.gov/saferchoice/safer-ingredients
This list is easily expanded to enable a search of all materials that are
sorted into the individual functional classes. The functional class sorting begs a
question, however. Will certifiers need to verify that a particular material is used
in the product according to the functional class it’s listed under? This would seem
to add another layer to the review of the material. Would certifiers need to
establish all inert ingredients as well as the function of each within in the
product? We can see a challenge with trying to gather what is generally
considered proprietary information. We also observe that some materials listed
here under a particular functional class are broadly listed on the FIFRA 25(b)
inert list. Please clarify how the SCIL list is to be referenced.
We also ask for some clarity regarding the brand name products listed by
EPA’s Safer Chemical program - http://www2.epa.gov/saferchoice/products. It
seems that if the active ingredient in a Safer Choice labeled product checks out,
then we can assume the inert ingredients are okay. Products bearing the Safer
Choice label will only need review of the active ingredient.
Please confirm whether this understanding is correct.
(iii) Inert ingredients that are exempt from the requirement of a tolerance under
40 CFR 180.1122 – for use only in passive pheromone dispensers.
We understand this annotation to generally state that if the product being
reviewed is a passive pheromone dispenser and the product meets the
exemptions from the requirement of a tolerance, all inert ingredients included
will not need to be individually reviewed. Active ingredient review will not
change.
During the sunset discussions for inert materials, the subcommittee also
discussed nonlyphenol ethoxylates specifically and stated “it is clear that
eventually NPEs will not be allowed in organic”. During review of inert
ingredients listed for pesticide products we’ve reviewed in our materials
database, we noted that NPEs are not an ingredient listed and but are regularly
listed in products for hoof and teat care.
We appreciate the modernization of inert references. Please give additional
guidance where needed to enable consistent implementation of review criteria by
certifiers and materials review organizations. Thank you for your work on this
important issue. We are available to answer any questions you may have.
Respectfully submitted,
The MOSA Certification Team