# What may go in the non-organic 5% of a certified organic product

> The non-organic portion of a 95%+ organic product may only contain agricultural ingredients that are listed as permitted in non-organic form under your standard, and usually only where no organic alternative is commercially available. It is a narrow, conditional allowance with an evidence requirement, not a 5% margin you may fill with anything convenient.

Source: https://anzoc.co.nz/resources/non-organic-5-percent-allowance
Published: 2026-09-28 · Last updated: 2026-09-28 · Author: Fliss Roberts, ANZOC

---

## The misconception worth clearing first

The 95% threshold is widely read as "5% of the product can be whatever you like". It cannot. Two constraints sit on top of the arithmetic.

1. **The substance has to be permitted in non-organic form.** Standards maintain lists of agricultural ingredients that may be used non-organically — USDA NOP does this at 7 CFR 205.606, and the EU and NZ standards operate equivalent lists. An ingredient not on the list cannot occupy the 5% at any level.
2. **Availability conditions usually apply.** Most listings are conditional on an organic form not being commercially available in the required quantity or quality. If an organic version exists and you can buy it, the non-organic version is not permitted, however small the quantity.

> **Cheaper is not unavailable** — Commercial unavailability means you cannot get it, not that the organic version costs more or needs a longer lead time. Certifiers ask for evidence of the search, and price alone is rarely accepted.

## What actually sits in the non-organic portion

| Input | Does it use up the 5%? | Conditions |
| --- | --- | --- |
| Non-organic agricultural ingredient | **Yes** | Must be on the permitted non-organic list; availability conditions usually apply |
| Non-agricultural additive | No — outside the calculation | Must be on the permitted additives list |
| Processing aid | No — outside the calculation | Must be permitted |
| Water and salt | No — excluded entirely | None |
| Anything prohibited | Irrelevant | Disqualifies the product outright at any level |

Because additives and processing aids sit outside the calculation, the 5% is almost always occupied by ordinary agricultural ingredients — a spice, a starch, a minor fruit or vegetable component — that could not be sourced organically.

## Evidencing unavailability

Where your standard conditions a non-organic ingredient on unavailability, the evidence is part of your file, not an argument you make at audit. Certifiers generally expect to see:

- Which suppliers you approached and when, with their responses.
- The quantity and specification you needed, and why a substitute did not meet it.
- A search repeated at a sensible interval — an unavailability finding from three years ago is not evidence about this year.
- Where a market check is expected, a record of it. The [ANZOC producer directory](/find/organic-ingredient-suppliers) is one place to run and date that check.

## Working with a tight 5%

- **Design the margin in.** A recipe that lands at 95.2% has almost no tolerance. One supplier substitution takes it under, and every pack printed for the organic tier becomes waste.
- **Watch seasonality.** An ingredient that is organically available in March may not be in September. If your production runs across the year, check availability per run.
- **Re-run the numbers on every reformulation**, however minor it looks. A change in the starch is exactly the change that moves 95.2% to 94.6%.
- **Track it by batch.** The percentage is a property of what you actually made, not of the recipe you intended.

## Questions people ask

**Can I put any ingredient in the non-organic 5%?**

No. It must be an agricultural ingredient that your standard permits in non-organic form, and usually only where no organic version is commercially available in the quantity and quality you need.

**Do additives use up the 5%?**

No. Non-agricultural additives and processing aids sit outside the percentage calculation altogether. They must still be individually permitted, which is a separate requirement.

**Is "the organic version costs more" enough to justify using conventional?**

No. Commercial unavailability means you cannot obtain it in the quantity and quality required. Price is generally not accepted on its own.

**What if my product is 94.6% organic?**

It is not eligible for an organic product claim. It falls into the "made with organic" tier, which allows naming the organic ingredients but not calling the product organic, and not using a certifier logo on the front of pack.

## Sources

- [USDA NOP National List — 7 CFR 205.606 (non-organic agricultural substances)](https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-M/part-205/subpart-G/section-205.606)
- [Regulation (EU) 2018/848 on organic production and labelling](https://eur-lex.europa.eu/eli/reg/2018/848/oj)
- [Organic Standards Regulations 2025 — New Zealand Legislation](https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2025/197/en/latest/)

## Related

- [Which ingredients count towards your organic percentage](https://anzoc.co.nz/resources/organic-ingredient-rules-what-counts)
- [Is this additive allowed in organic food?](https://anzoc.co.nz/resources/organic-additives-processing-aids-list)
- [Find certified organic ingredient suppliers](https://anzoc.co.nz/find/organic-ingredient-suppliers)

This page is general guidance, not certification advice. Your certifier makes the final decision.