Out of Scope and Beyond Resolution

OMRI reviews input products for use in organic crop, livestock and processing production. However, some input products may be considered out of OMRI's scope for various reasons. Here is a list of product types that are considered to be out of scope for OMRI to review:

• Devices, technologies or services. 
• Products that are not relevant to the organic standards, for instance bug spray for humans, or beauty care products. A product such as cat litter would be considered out of scope unless the label had a specific agricultural use that complies with the organic regulations. Products intended for use in aquaculture are out of scope for reviews to the NOP or COR standards.
• Products that are more appropriate for an organic certifier to review, including: 
  • Products in the NOP Processing and Handling Scope that are certified organic by a USDA accredited certification agent, or that would be required to be certified organic in order to be used in organic processing (e.g., fruit coatings that contain agricultural materials not on the National List or food-contact soap produced from certified organic oils). 
  • Sanitizers, disinfectants and other cleaners that do not appear on the National List that are intended for facility use (e.g. surfaces, equipment, etc.). These cleaners may be permitted for certain uses by organic certifiers, provided that measures are taken to prevent contact with organics crops, livestock or other products. 
  • Facility pest controls that do not appear on the National List. These materials may be permitted under specific circumstances by organic certifiers, provided that measures are taken to prevent contact with organic products.

OMRI’s Review Program routinely encounters difficult technical issues for which industry experts are consulted for guidance and interpretation of the organic standards. When a product review has an issue that is outside of OMRI's or other current written standards, OMRI’s policy is to place the product under “Unresolved” status for a maximum of 275 days while OMRI gathers evidence to help guide the review. If OMRI is unable to resolve the issue within the given timeframe, the application is forfeited and OMRI will refund the application fees. In certain cases where interpretation is needed from another regulatory body before making a decision, OMRI designates an unresolved issue as “Beyond Resolution,” and will no longer accept applications that pertain to that particular issue until the issue becomes resolved by the applicable regulatory body.

The following are current issues that OMRI considers to be Beyond Resolution, based on NOP standards:

ISSUE #1: Passive pheromone dispensers
Use Class: Crop Pest, Weed, and Disease Control (CP)
Passive pheromone dispensers are eligible to use List 3 inert ingredients under 7 CFR 205.601(m). The definition is generally considered to include twist ties, ropes, coils and other retrievable dispensers where the active pheromone is not in contact with the crop. It is unclear if formulations that are applied to the crop and are not possible to retrieve may be considered passive pheromone dispensers.

ISSUE #2: Nonylphenol ethoxylates (CAS# 9016-45-9, 26027-38-3)
Use Class: Crop Pest, Weed, and Disease Control (CP), Crop Management Tools and Production Aids (CT), Livestock External Parasiticides and Pesticides (LP), Processing Pest Control (PP) and Processing Sanitizers and Cleaners (PS)
Polyoxyethylene nonylphenol (CAS# 9016-45-9) and p-nonylphenol, ethoxylated (CAS# 26027-38-3) are types of nonylphenol ethoxylate (NPE) identified as List 4 inert ingredients in the 2004 EPA List of Inerts which are permitted at 7 CFR 205.601(m). However, OMRI understands that linear NPEs identified with CAS# 9016-45-9 and 26027-38-3 are incorrectly identified, and that commercially available forms should be identified by a List 3 CAS number that denotes a branched structure. OMRI will no longer list products reporting the use of CAS# 9016-45-9 or 26027-38-3, pending clarification from the National Organic Program.

ISSUE #3: Whey from cows treated with rBGH
Use Class: Livestock Healthcare (LH)
The OMRI Generic Materials List© includes a category for Colostrum/Whey Antibodies which explicitly prohibits whey from cows treated with recombinant Bovine Growth Hormone (rBGH). However, it is unclear whether this prohibition is consistent with the Excluded Methods (GMO) Decision Trees in the OMRI Standards Manual©. This issue is pending further review of OMRI’s policies for reviewing Colostrum/Whey Antibodies used in livestock production. 

ISSUE #4: Novel ammonia production
Use Class: Crop Fertilizers and Soil Amendments (CF)
The OMRI Generic Materials List© explicitly prohibits synthetic ammonia products including anhydrous ammonia, aqua ammonia, ammonia forms of micronutrients, ammonia nitrate, ammonia phosphate, ammonia sulfate, and ammonia soaps. However, a novel production method using anaerobic digestion technology may yield a similar soluble ammonia product as those listed above. It is currently unclear whether ammonia products produced by such novel technology are considered synthetic or nonsynthetic using NOP Guidance 5033-1.

ISSUE #5: Use of tetrapotassium pyrophosphate (TKPP) or synthetic potassium carbonate as extractants for humic acid products.
Use Class: Crop Fertilizers and Soil Amendments (CF), Crop Management Tools and Production Aids (CT) 
Humic acids are included at §205.601(j)(3) of the National List with the annotation “naturally occurring deposits, water and alkali extracts only.” Section 205.601(j)(3) does not provide details on which alkali extracts are compliant, but NOP Policy Memo 13-2 identifies several allowed extractants, including potassium hydroxide, sodium hydroxide, ammonium hydroxide, and nonsynthetic materials. In accordance with NOP Policy Memo 13-2, OMRI has developed standards to ensure that the amount of synthetic alkali extractant used does not constitute fortification of the humic acid material with a synthetic plant nutrient source. Currently, these standards are used when either potassium hydroxide or ammonium hydroxide are used as extractants. However, OMRI staff, with assistance from our Advisory Council, have been so far unable to develop criteria to differentiate between fortification and extraction uses of tetrapotassium pyrophosphate (TKPP) or synthetic potassium carbonate. Pending further standards development regarding how to evaluate fortification when these materials are used, OMRI will not review humic acid products extracted with TKPP or synthetic potassium carbonate.

ISSUE #6: Chlorine materials used as direct livestock drinking water treatments
Use Class: Livestock Management Tools and Production Aids (LT)
It is unclear whether chlorine materials are allowed for direct livestock drinking water treatment in organic production. Chlorine materials appear at §205.603(a)(10) with the annotation “disinfecting and sanitizing facilities and equipment. Residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act.” However, NOP Guidance 5026 further explains that “Residual chlorine levels in the water in direct food or animal contact (for example, drinking water) should not exceed the maximum residual disinfection level.” 

Due to disagreement in the organic sector about how to interpret the regulation, OMRI has submitted a petition to the NOP requesting an annotation revision that clarifies whether chlorine materials are allowed for direct treatment of livestock drinking water. Pending a response, OMRI will not review chlorine materials for use as a livestock drinking water treatment. Chlorine materials that have facility or equipment uses continue to be listed with a corresponding restriction according to the current National List annotation.