No

Issue

Text

1

Aims

Establish clear rules for pesticide testing of organic food and handling of test results, thus increasing consumer trust in organic products.

2

Background

While NOP establishes clear rules for handling pesticide residues (see 3), no specific legislation is in place for residues in organic food in the EU or in Japan. It is commonly understood that legal requirements for organic food need to be con­sistent only with general food laws i.e. maximum residue levels (MRL).

This, however, leaves a wide margin of interpretation, since residue levels found between zero and MRL need to be subject to a judgement, whether the product was obtained in conformity with the rules of organic production. Ubiquitous con­tamination and intake from natural sources, contamination from neighbouring agricultural or non-agricultural activities, contamination from materials brought in to the organic system are examples of sources for non intentional and often not manageable contamination of organic products. From a regulatory point of view, only a case-by-case evaluation may lead to a justified certification decision, whether the product can be certified as in conformity or not. Straightforward application of simple residue limit rules, particularly of a zero-limit rule, clearly is not in consistency with the above-mentioned standards for organic products. This policy tries to establish clear and differentiated rules, aiming at meeting consumers' expecta­tions for organic products.

3

Normative framework

EU-regulation

Annex III. 9: Products suspected not to satisfy the requirements of the Regulation

Where an operator considers or suspects that a product which he has produced, prepared, imported or been delivered from another operator, is not in compliance with this Regulation, he shall initiate procedures either to withdraw from this product any reference to the organic production method or to separate and identify the product. He only may put it into processing or packaging or on the market after elimination of that doubt, unless it is placed on the market without indication refer­ring to the organic production method. In case of such doubt, the operator shall immediately inform the inspection body or authority. The inspection body or authority may require that the product cannot be placed on the market with indications referring to the organic production method until it is satisfied, by the information received from the operator or from other sources, that the doubt has been elimi­nated.

Where an inspection body or authority has a substantiated suspicion that an operator intends to place on the market a product not in compliance with this Regulation but bearing a reference to the organic production method, this inspection body or authority can require that the operator may provisionally not market the product with this reference. This decision shall be supplemented by the obligation to withdraw from this product any reference to the organic production method if the inspection body or authority is sure that the product does not fulfil the requirements of this Regulation. However if the suspicion is not confirmed, the above decision shall be cancelled not later than a time period after having been taken. The inspection body or authority shall define this time period. The operator shall cooperate fully with the inspection body or authority in resolving the suspicion.

NOP

§ 205.504: A private or State entity seeking accreditation as a certifying agent must submit …

(6) A copy of the procedures to be used for sampling and residue testing pursu­ant to § 205.670.

205.670 (b): The … certifying agent may require pre-harvest or post-harvest test­ing of any agricultural input used or agricultural product to be sold, labelled, or re­presented as “100 percent organic,” “organic,” or “made with organic (specified ingredients)” when there is reasonable cause to believe that the agricultural input or product has come into contact with a prohibited substance. Such tests must be conducted by … the certifying agent at the … certifying agent’s own ex­pense.

(c) The pre-harvest or postharvest tissue test sample collection pursuant to para­graph (b) of this section must be performed by an inspector representing the Ad­ministrator, certifying agent, or applicable State program’s governing State official. Sample integrity must be maintained in transit, and residue testing must be per­formed in an accredited laboratory. Chemical analysis must be made in accor­dance with the methods described in the 16th edition of the Official Methods of Analysis of the AOAC International or other applicable validated methodology determining the presence of contaminants in agricultural products. (d) Results of all analyses and tests performed under this section:

(1) Must be provided to the Administrator promptly upon receipt; and

(2) Will be available for public access, unless the testing is part of an ongoing compliance investigation.

§ 205.671 Exclusion from organic sale.

(a) When residue testing detects prohibited substances at levels that are greater than the estimated national mean of detected residues for specific commodity/ pesticide pairs, as demonstrated by USDA’s Pesticide Data Program, or unavoid­able residual environmental contamination, as determined by the Administrator, the agricultural product must not be sold, labelled, or represented as organically produced. The … certifying agent may conduct an investigation of the certified operation to determine the cause of the prohibited substance residue.

(b) If test results indicate a specific agricultural product contains pesticide resi­dues or environmental contaminants that exceed the Food and Drug Administra­tion’s or the Environmental Protection Agency’s regulatory tolerances, the data must be reported promptly to the appropriate public health agencies.

JAS

Q & A on Inspection and Certification System of Organic Foods, MAFF, Nov. 2000: Q 93: If it is confirmed that the field has been affected by spray drift of any pesticide other than cited in the attached Table 2… the agricultural products in the said field are deemed not to be organic agricultural products.

National food laws (e.g. the German food law) establish maximum residue lev­els for particular commodity/pesticide pairs.

4

Terms, clarifi­cations, ab­breviations

Pesticides: all plant protection products not listed in Annex II (EU-regulation) or Notification 59 (JAS).

Fresh matter calculation

In accordance with general food laws, levels, as indicated in test reports, shall be calculated as fresh matter of the product/crop, by considering appropriate processing coefficients. Applicable processing mainly refers to all kind of concentra­tion during processing, such as drying, extraction or pressing.

Examples: tested residues of 0.05 mg/kg in dried apricots equal to 0.01 mg/kg in the fresh apricot matter, tested level of 0.04 mg/kg in dried tea equals 0.01 mg/kg in fresh tea matter.

Exception:

This rule does not apply for test results, which clearly suggest contamination after harvest.

Measurement insecurity

For levels below 0.1 mg/kg after fresh matter calculation, a measurement insecurity of normally 60% needs to be subtracted. Accredited laboratories need to indicate the applicable measurement insecurity in test reports.

Example: 0.05 mg/kg found in fresh apricots could, in the best of all cases, mean that the real level is only around 0.02 mg/kg (although, in the worst case, the real level could also be around 0.08 mg/kg). So the lowest possible value will be con­sidered.

MRL: Maximum residue level, as established by national food law for conventional food.

DL: Detection limit, as given by an accredited high quality laboratory for the re­spective substance.

5

Policy

5.1

Scope

This policy rules for raw materials and processed products and the producer, processor, and wholesale level, not for multi-ingredient products, nor for products, which have already been distrib­uted at the retail level. It will only be used for certification according to regulation (EEC) 2092/91 and JAS. For NOP, the procedure established in § 205.671 will be implemented (see 3).

5.2

MRL

MRL remain terms of reference for certification of organic products, especially limits set in this guide can not be higher than official MRL.

5.3

Residues between detection level (DL) and MRL:

Level of residues AFTER calculation to fresh matter and measurement insecurity

Action to be taken

DL < level < 0.01 mg/kg (or slightly above DL, if this is above 0.01 mg/kg)

No action, the product may be certified and can be sold as organic.

Levels below detection level or 0.01 mg/kg are regarded as analytical zero tolerance level.

0.01 < level < 0.025 mg/kg for harvest products

respectively 

0.01 < level < 0.05 mg/kg for vegetative matter of the crop (“leaf sample”)

Improvement actions: the operator and the inspector both shall inform about potential sources of contamination. The operator shall inform about corrective measures that will be taken.

Sanction: The product in the meantime remains certified and can be sold as organic.

0.025 < level < 0.1 mg/kg for harvest products

respectively 

0.05 < level < 0.1 mg/kg for vegetative matter of the crop (“leaf sample”)

Improvement actions: the operator and the inspector both shall in­form about potential sources of contamination. The operator shall inform about corrective measures that will be taken.

Counter or additional analysis may be required by the operator. CERES may require additional inspection.

Sanction: The product lot (=all product traceable to the same origin as the tested lot) in the meantime is suspended from certification and cannot be sold as organic. The final certification decision takes into consideration all relevant test results also from the previous years, inspection report findings and all findings from the investigation of the case.

For leaf samples the certification decision depends on further inspection findings and product testing results.

> 0.1 mg/kg

Improvement actions: the operator and the inspector both shall inform about potential sources of contamination. The operator shall inform about corrective measures that will be taken. This investigation and action taking must cover also all other certified products, which may be affected in the same way as the tested product, and it must be argued, why certain products are not affected in the same way.

Counter or additional analysis may be required by the operator. CERES may require additional inspection and testing.

Sanction: The operator is obliged to inform his/her clients about the detected residues. In the meantime, the product lot (=all product traceable to the same origin as the tested lot) is suspended from certification and cannot be sold as organic.

In case that the test result originates not from testing done by the operator or CERES, immediate testing by CERES shall be undertaken before the above mentioned sanction is implemented. In the meantime certification is suspended.

For leaf samples the certification decision depends on further inspection findings and product testing results.

5.4

Combinations of more than one pesticide

·         For each pesticide found, the abovementioned levels must be complied with.

·         For the total sum of pesticides levels found, a maximum of three times of the abovementioned levels may be tolerated. However, the total maximum must not exceed 0.1 mg/kg after calculation to fresh matter and measurement insecurity.

·         A range of more than 4 pesticides found, may serve as an example for a good reason for either suspension or de-certification depending on the amounts and nature of substances found.

5.5

Systematic contamination

In case that a series of test results show systematic contamination at 0.01 < level < 0.025 mg/kg in harvest products, it must be assumed that production methods or location of fields are not appro­priate for organic production. In these cases, the operator shall im­prove selection of fields and pre­ventive measures before such lots can be certified (if a series of test results show systematic con­tamination at levels be­yond 0.025 mg/kg, the case has to be treated "normally" according to the ta­ble above).

5.6

Dithiocarbamates

5.7

Bromide

Maximum level 5 mg/kg, higher levels may be accepted in case of evidence of high bromide levels in natural sources related to the crop.

6

Related documents

•     CERES Policy on Sampling Frequency for Pesticide Testing

•     Introduction to Sampling (Work Instruction)

•     Procedure for Field Sampling (Work Instruction)

•     Procedure for Post Harvest Sampling (Work Instruction)

•     Sampling protocol (Form)