Report on the Organic Monitoring Program of Baden-Württemberg 2021

Report from a day in the lab

The Federal State of Baden-Württemberg has been conducting a special monitoring program on organically produced foods since 2002. This monitoring is associated with Baden-Württemberg’s overall concept of promoting organic farming. Organic products are systematically tested for residues and contaminants, as well as other relevant issues. The goal of the organic monitoring program is to prevent fraud by better tracking down cases of improper labeling in this fast expanding market and to strengthen consumers’ confidence in the quality of organically produced foods.

 

Analytical Results from Organic Food Investigations

Detailed information (including results tables) can be found in the German version of the monitoring report.

 

Following is a translation of the topic “Residues from pesticides and specific contaminants in plant-based-foods”.

 

 

Residues from Pesticides and Specific Contaminants in Plant-Based Foods

Introduction

In 2021 a total of 371 samples of plant-based foods from organic cultivation were analyzed for residues of plant-protection substances and specific contaminants. The underlying spectrum of substances for which every sample is routinely analyzed comprises more than 700 components (active substances and metabolites or degradation products as well as particular con-taminants such as perchlorate, melamine and cyanuric acid). Including screening methods, this spectrum exceeds 1,000 substances.

 

 

Fresh Foods

As in previous years, fresh organic fruit and vegetables performed significantly better in 2021 than conventionally produced fresh products. There were no detectable pesticide residues in about 76 % of the organically grown samples (68 % in 2020; 77 % in 2019; approx. 60 % in 2018; 50 % in 2017; 65 % in 2016; approx. 60 % in 2015; 52 % in 2014; 60 to 77 % in 2013 and earlier). The findings for this reporting year represent a slight improvement (at a high level!) compared to 2020, but were similar to those of 2019.

 

The percentage of samples containing residues of multiple pesticides in 2021 was 8.7 %, which, although higher than in 2019 (6.4 %), was somewhat lower than 2020 and 2018 (11 % and 10.5 %) and significantly lower than the years before 2018 (15 % in 2017; 19 % in 2016 and 2015; 21 % in 2014; and 12 % in 2013). After a large spike in 2014, in part contingent on the expansion of the depth of investigations (the analytical spectrum), the numbers over the last five years have dropped significantly, returning to earlier rates.

 

Only trace amounts (< 0.01 mg/kg) of residues were detected, considerably lower than the concentrations usually found in harvested crops where pesticides had been used. All in all, the rate of violations in fresh, organically produced foods has stabilized at a low level over the last few years, and has dropped significantly since the beginning of the organic monitoring program more than 20 years ago. No samples of fresh fruits and vegetables in 2021 carrying the organic label were judged to be fraudulent due to the presence of high levels of pesticide residues. In the previous year (2020) two organic fruit samples (bananas from Ecuador and the Dominican Republic) and three organic vegetable samples (garlic from Spain, parsley and coriander from Germany) were judged to be fraudulent, due to the detection of increased levels of pesticide residues. In 2021 there were no cases of pesticide residue levels exceeding the legally valid maximum levels as stipulated in Regulation (EC) No. 396/2005.

 

The rate of violations in this reporting year for both organic fruit and organic vegetables was therewith 0 % (3.0 % and 2.2 % respectively in 2020; and 2.4 % and 1.0 % in 2019). The rate of violations for all organic fresh foods in the years from 2011 to 2020 was always well under 5 %, while the rates before 2010 were significantly higher, with numbers as high as 8.5 %. In this reporting year (overall rate of 0 %; 2.4 % in 2020), there were neither any accumulation of violations for organic fruits, nor any other irregularities in single cultures detected, as in past years. In the years before 2009 there were intermittent anomalies found: herbicides in broccoli and carrots from Italy, the fungicidal substance fosetyl in cucumbers from different countries, surface treatment substances and acaricides in citrus fruits, and sprout inhibitors in potatoes.

 

Average Pesticide Amounts in Fresh Foods

Average pesticide amounts found in the samples can be an indication of the presence of plant protection substances, as the following tables show.

 

Average pesticide residues per sample (in mg/kg)

Fruit	2014	2015	2016	2017	2018	2019	2020	2021
Organically produced samples	0.005	0.002	0.001	0.002	0.004	0.003	0.004	0.002
Conventionally produced samples (excluding surface treatment substances or preservatives, phosphonic acid and bromide)	0.42	0.35	0.43	0.45	0.40	0.45	0.44	0.48

 

Vegetables	2014	2015	2016	2017	2018	2019	2020	2021
Organically produced samples	0.001	0.002	0.003	0.003	0.008	0.002	0.004	0.002
Conventionally produced samples (excluding phosphonic acid and bromide)	0.32	0.49	0.46	0.36	0.46	0.41	0.29	0.40

 

The average amount of pesticide residues detected in all analyzed organic fruit and vegetable samples this reporting year was 0.002 mg/kg, comparable to previous years. Since, as reported, there were no anomalies regarding high levels of pesticides for either organic fruit or vegetable samples, it was not necessary to make extra calculations excluding such violatory cases. Such levels raise suspicion of fraud: the samples may have been either conventionally grown, a blend of organic and conventional, or not produced in compliance with organic regulations. The average sum amounts have remained low over the last years (see table).

 

The averages for conventionally produced fruit lay at 0.48 mg/kg (excluding surface treatment substances, phosphonic acid and bromide) and for vegetables at 0.40 mg/kg (excluding phosphonic acid and bromide). The reason for the higher amount of pesticide is due to the application of chemical plant protection substances that are authorized for conventional cultivation, the residues of which are often unavoidable in the treated plant cultures. A detailed body of regulations provides consumers with a measure of safety, however, as long as the maximum residue levels are not exceeded.

 

Since the use of chemical synthetic pesticides is not permitted in organic cultivation, very few samples, if any, tend to have residues over 0.01 mg/kg. The organic products differ significantly from conventional goods in terms of contamination from pesticide residues, which the organic monitoring program has clearly demonstrated over the past 20 years.

 

Processed Foods

The rate of violations (due to false organic labeling) among processed foods in this reporting year was 3.1 %, slightly higher than the rate of 0 % for fresh fruit and vegetables. This level has nevertheless remained at a constant low of 2.2 % to 7.0 % over the past few years (2.4 % in 2020; 2.6 % in 2019), whereas before 2011 it was generally > 8 %.

 

It must be considered, however, that from year to year short-term projects are carried out on specific processed organic product groups that have recently come into sharper focus. The comparability of violation rates from year to year and over the entire course of the organic monitoring program is therefore limited.

 

Individual anomalies (in single food groups) among the processed foods analyzed in 2021 were found in frozen herbs, dried fruits, and nuts. These involved one sample of frozen chives (unknown origin) due to an elevated quantity of chloridazon (herbicide) and/or its degradation product chloridazon-desphenyl; one sample of almonds (origin: USA) containing residues of glufosinate (herbicide); as well as one sample each of dried goji berries (origin: China) with residues of flonicamid (insecticide), dried figs (origin: Turkey) containing chlorpyrifos-methyl (insecticide/acaricide), and dried pineapple (origin: Ghana) with haloxyfop (herbicide). In this reporting year, as in the past two years, there was no accumulation of violations (from false organic labeling) in a particular food category. If the three individual types of dried fruit are considered as one main category, they constitute three of the five violations; all three originated outside the European Union, however. Last year (2020) there had been 3 violatory samples: frozen dill and parsley due to elevated quantities of chloridazone/chloridazone-desphenyl, and barley grass (dried powder) with residues of a growth regulator (dikegulac). In 2019 there were 4 samples in violation: 2x frozen herbs, also due to chloridazone/chloridazone-desphenyl and 2x dried herbs (bay leaves due to acetamiprid and oregano due to tebuconanzole).

 

One can also refer to the chapter on “Special Findings”, where results and data for special substances or projects and food groups that are excluded from these explanations are given separate attention. These require a separate observation, either due to their particularities in occurrence, application, possible modes of entry and analytics, or because they present new or separate problems.

 

When making a judgment regarding the amounts of residues in processed foods, drying and processing factors for the specific substances must be considered because the processing of the original product can lead to an increase or decrease of residues (see Info Box regarding processing factors).

 

 

In 2021 three of the analyzed samples (rate: 1.9 %) exceeded the valid maximum residue levels, verified, under consideration of processing factors. These included the above mentioned dried figs (chlorpyrifos-methyl), dried pineapple (haloxyfop), and a sample of dried moringa leaf powder (chlorantraniliprole and lambda-cyhalothrin).

 

Overview of Violations

The following table gives an overview of all organic samples analyzed in 2021 for residues of pesticides and their rate of violations, itemized by food group.

 

Overview of organic samples analyzed in 2021

Type of sample	No. of samples	Samples with residues > 0.01 mg/kg (2)	Average amount per sample, in mg/kg (2)	No. samples falsely labeled as „organic“		Samples >  MRL (3)
Vegetables (incl. potatoes and starch-rich plant parts)	136	2 (1.5 %)	0.002	-	-	-	-
Vegetable products	16	3 (19 %) (fresh product)	0.015 0.009 (fresh product)	1 (6.3 %)	Frozen Chives unknown origin (chloridazone, sum, or degradation product chloridazone-desphenyl)	-	-
Fruit	71	2 (2.8 %)	0.002	-	-	-	-
Fruit products	6	3 (50 %) (fresh product)	0,38 0,076 (fresh product)	3 (50 %)	Goji berries from China (flonicamid, sum), Figs from Turkey (chlorpyrifos-methyl), Pineapple from Ghana (haloxyfop, total)	2 (33 %)	Figs fromTurkey (chlorpyrifos-methyl), Pineapple from Ghana (Haloxyfop, total)
Fresh mushrooms	2 (1)	-	0.002	-	-	-	-
Legumes (dried), oil seeds, nuts,soy products	29	2 (6.9 %)	0.004	1 (3.5 %)	Almonds, sweet (whole) from the USA (glufosinate or degradation product MPPA)	-	-
Cereals and cereal products (flour)	38	1 (2.6 %)	0.002	-	-	-	-
Vegetarian and Vegan substitute products (drinks)	16	-	0.005	-	-	-	-
Baby food	17	-	0.001	-	-	-	-
Spices	9	1 (11 %) (fresh product)	0.016 0.006 (fresh product)	-	-	1 (11 %)	Cinnamon, ground from Sri Lanka (Diuron)
Tea (black and green)	3 (1)	-	0.014 0.004 (fresh product)	-	-	-	-
Plant powders (rosehip, broccoli, barley and wheat grass, moringa oleifera, red, brown and chlorella algae)	16	2 (13 %) (fresh product)	0.044 0.008 (fresh product)	-	-	2 (13 %)	2x Moringa oleifera leaf powder of unknown origin (propamocarb; flubendiamide, chlorantraniliprole, lambda-cyhalothrin)
Other (plant oil, fruit juice, wine grapes)	12	-	0.002	-	-	-	-
TOTAL	371	16 (4.3 %)	-	5 (1.4 %)	-	5 (1.4 %)	-

1) No calculated percentages for sample sizes < 5
2) With consideration of processing factors for the respective processed products and without consideration of the separately listed substances found in the section „Special Findings“, or the substances authorized for use in organic farming
3) MRL = Maximum residue level established by Regulation (EC) No. 396/2005 (exceedances with and without verification); formal objections due to substances in the chapter “Special Findings” are not included.

 

 

Special Findings

Residue data and results from special substances and food groups or projects that have been thus far excluded from the observations are presented in the following section. They require individual consideration, either due to unique characteristics regarding their existence, applications, possible modes of entry and analysis, or because they present new or special problems.

 

Nicotine

 

CVUA Stuttgart established a refined method several years ago with preliminary screening for analyzing the parameters of nicotine in plant-based matrices. In this reporting year a total of 371 samples from organic cultivation were analyzed for nicotine. Of these, under partial consideration of drying and processing factors, 9 samples (2.4 %) contained nicotine > 0.01 mg/kg, compared to 6 of 343 (1.8 %) in 2020; 13 of 358 (3.6 %) in 2019; 9 of 355 (2.5 %) samples in 2018; and 19 of 324 (5.9 %) samples in 2017. This rate is slightly higher than that of the previous year, but still significantly lower than in 2019.

 

This rate is half that of 2019, with almost the same number of samples analyzed. One of the samples (0.3 %), dried white beans from China, was in violation due to a verified exceedance of the maximum residue level of 0.01 mg/kg. There were no violations in 2019, but one sample (0.3 %) in 2018 and four samples (1.2 %) in 2017 exceeded the limit.

 

Not a single sample was found to have exceeded the maximum level with verification. In the previous year of 2020 there was one sample (0.3 %) in violation; in 2019, no samples, in 2018, one sample (0.3 %), and in 2017, four samples (1.2 %) exceeded the limit.

 

This year three samples (0.8 %) exceeded the legal maximum level within the margin of measurement uncertainty, albeit without verification (arugula/rocket from Germany, paprika powder from Spain, and abrown algae (alaria) from Norway). These cases were highlighted in a report drawing attention to the increased residue levels. In 2020 one sample (0.3 %) and in 2018 and 2019 two samples each (0.6 % each) were reported for violation.

 

It is important to note here that nicotine residues can have various paths of entry (see Info Box) that are to be considered and discussed.

 

An overview of the analyzed samples containing detectable amounts of nicotine, itemized by matrix, is presented in the following table.

 

Residues of nicotine in samples from organic cultivation (2021)

Matrix / Type of sample	Amount of nicotine [mg/kg]	Maximum residue level [mg/kg]
Arugula/rocket	0.012	0.01 (fresh arugula/rocket)
Paprika powder, ground	0.12	0.01 (fresh bell pepper)
Moringa oleifera leaf powder (2x)	0.082 / 0.22	0.5 (dried product)
Cinnamon, ground	0.36	4.0 (dried product)
Brown algae (alaria), dried	0.16	0.01 (fresh product)
Green tea (3x)	0.050 / 0.060 / 0.085	0.6 (dried product)

 

In 2017, due to conspicuous, low-level findings (< 0.01 mg/kg) of nicotine in plant-based foods, we carried out model trials to determine to what extent the consumption of tobacco could lead to the transfer of nicotine from a smoker’s hands to food (see the 2017 organic monitoring report.) The experiments showed that, shortly after having smoked a cigarette, measurable amounts of nicotine could be transferred from the smoker’s hands onto fruits and vegetables. The transfer of nicotine to moist foods was even higher, reaching the low-set legal maximum residue levels in some cases.

 

CVUA Stuttgart reports on possible contaminants and sources of contamination; however, since the mode of entry and/or the cause of detected nicotine residues is usually not known, the „organic“ labeling of such foods is not judged to be fraudulent. Nevertheless, an indication is made in the report that a documented, intentional application of nicotine containing plant protection substances would constitute such an offence.

 

Regardless of its mode of entry, however, nicotine is subject to the MRL established by Regulation (EC) No. 396/2005. Analyses of nicotine residues will continue in 2022.

 

Trimethylsulfonium cation (trimesium)

In 2021 all 371 samples of organic produce were analyzed for residues of the substance trimethlysulfonium cation (trimesium).

 

Trimethlysulfonium cation is listed in Regulation (EC) No. 396/2005 as a substance that forms as a result of the use of glyphosate. Trimesium is not formed as a result of the usage, however, but rather exists in plant-protection substances as an anti-ion to glyphosate; it is already in a completed formulation. Such types of pesticides are still authorized for use in non-EU states, but no longer within the EU. Due to its particular properties, this substance cannot be integrated into the investigative spectrum of the QuEChERS multi-method; it requires its own processing and analytical method.

 

Residues of trimethlysulfonium cation were detected in 16 (4.3 %) samples ((compared to 16 of 343 (4.3 %) in 2020; 11 of 358 (3.1 %) in 2019: 6 of 355 (1.7 %) in 2018; and 28 of 324 (8.6 %) in 2017)): Three (0.8 %) of these were verified to be over the maximum residue level (under consideration of drying factors). These included one sample of moringa leaf powder and two samples of green tea. Three (0.8 %) further samples, including one green tea and one each of moringa and rosehip powder, were nominally, but unverified, above the maximum level. The legal maximum level for all of the listed samples and matrices is 0.05 mg/kg.

 

The year 2020 saw 6 of 343 samples (1.7 %) in violation, but there were no anomalies for this substance in 2018 and 2019. In 2017 fully 10 of 324 analyzed samples (3.1 %) presented exceedances of the maximum level.

 

The following table shows an overview of the analyzed samples with determinable residue amounts, itemized by matrix.

 

Residues of trimethlysulfonium cation in samples from organic cultivation (2021)

Matrix / Type of sample	Amount of trimethlysulfonium cation [mg/kg]
Plant powders, dried: Moringa oleifera (5x) Maca tubers Rosehip	0.029 / 0.036 / 0.043 / 0.098 / 0.21 0.048 0.55
Fruit tea Green tea (3x)	0.035 0.055 / 0.16 / 0.29
Red beets (peeled, cooked) Tomato paste (2x concentrated) Paprika powder Dulse – red algae (dried)	0.017 0.017 0.039 0.025
Sunflower seeds (hulled)	0.013

 

There are indications, however, that the contaminant trimethlysulfonium (trimesium) found in tea and other dried foods occurs as a result of processing, during the drying procedure. The analytical results show that higher amounts appear mainly in dried samples. Further investigations and process controls are necessary, in order to determine whether an appropriate processing methodology could reduce the formation of trimesium that occurs via drying. Any enforcement actions in Baden-Württemberg will be curtailed until a final clarification can be made on this issue.

 

Reports on such findings indicate possible paths of entry and formation in the particular matrices. Since the path of entry or the source of the detected residues in these cases are usually not known (similar to the case of nicotine), the organic label will not be judged as fraudulent. Nevertheless, an indication is made in the report that the documented, intentional application of glyphosate containing plant protection substance would constitute such an offence.

 

Regardless of the path of entry into the specific food, trimethlysulfonium cation, as well as the aforementioned nicotine, falls under the applications area in Regulation (EC) No. 396/2005 and is subject to the maximum residue limits provided therein. Investigations into trimesium residues will continue in 2022.

 

Phosphonic acid / phosphonates / fosetyl

In this reporting year all of the 371 samples from organic culture were also analyzed for the fungicidal substances fosetyl and phosphonic acid. In Regulation (EC) No. 396/2005 these substances are registered as sum parameters of fosetyl (sum of fosetyl and phosphonic acid and their salts, expressed as fosetyl).

 

It is important to note, however, that residues from phosphonic acid can have various causes and therewith various (possible) paths of entry (see Info Box on phosphonic acid and fosetyl). Residues can thus stem from applications that don’t serve as plant protection.

 

Neither of these substances is integrated into the investigative spectrum of the QuEChERS multi-method due to their particular properties; they require their own processing and analytical methods.

 

 

The following table shows an overview of the samples with detectable residues, itemized by individual product groups or matrices.

 

Residues from phosphonic acid and/or fosetyl in samples from organic production (2021)

Matrix / Type of sample	Amount of phosphonic acid [mg/kg]	Sum fosetyl [mg/kg] (Sum of fosetyl and phosphonic acid, expressed as fosetyl)
Mango Kaki Mandarine Ginger, fresh (3x)	0.064 0.069 0.087 0.071 / 0.18 / 0.26	0.086 0.093 0.12 0 096 / 0.24 / 0.35
Buckwheat kernels	0.26	0.35
Lentils, dried (brown)	0.34	0.46
Almonds, sweet (2x)	0.37 / 6.1	0.50 / 8.2
Cinnamon, ground	0.67	0.90
Orange juice (100 %) Almond drink, unsweetened (vegan substitute product)	0.17 0.089	0.23 0.12
Tomato paste (2x concentrated)	0.72	0.97
Chlorella algea (powder, dried)	1.8	2.4

 

In 2021 a total of 15 of the 371 samples (4.0 %) contained residues, whereby a significant decrease can be seen over the past few years. The value from this reporting year, however, is significantly less than the already low values from the last two years ((23 of 343 samples (6.7 %) in 2020; 21 of 358 samples (5.9 %) in 2019; 8.7 % in 2018; 8.3 % in 2017; 14 % in 2016; 15 % in 2015; 19 % in 2014; and 24 % in 2013)).

 

These residues occurred in a variety of different matrices, from diverse countries of origin, and thus cannot be limited to single types of food or individual countries. There was a very wide range of detectable levels of phosphonic acid, from amounts of under 0.1 mg/kg to a peak value of 6.1 mg/kg in a sweet almond sample and 1.8 mg/kg in a sample of dried chlorella algae (powder). Residue amounts > 5 or even > 10 mg/kg, were found only seldom and intermittently, as in previous years.

 

Also of interest is the fact that only residues from phosphonic acid were found in all of the analyzed samples, whereas no residues of fosetyl per se were detectable. This points to the likelihood of a fertilizer application, as was also the case in previous years.

 

Because the source of the phosphonic acid residues can‘t be determined in the laboratory (see Info Box), 10 reports were submitted for samples containing residue amounts > 0.1 mg/kg (under consideration of processing factors) in order to highlight this issue among the producers, so that they would attempt to identify the possible paths of entry. This compares to 22 cases in 2020; 13 in 2019; 22 in 2018; 21 in 2017; and 43 in 2016.

 

None of the 371 analyzed samples (compared to 0.3 % or 1 of 343 samples in 2020 and 0.6 % or 2 of 358 samples in 2019) exceeded the valid maximum sum levels for fosetyl (sum of fosetyl and phosphonic acid and their salts, expressed as fosetyl) stipulated by Regulation (EC) No. 396/2005. It was also observed that the range of maximum levels for the sum of fosetyl is very wide, ranging from values of 2 mg/kg for many matrices, up to values as high as 2,000 mg/kg (!) in hops.

 

Chlorate and perchlorate

In 2021 all 371 samples from organic cultivation were analyzed for the environmental contaminants perchlorate and chlorate (see Info Boxes).

 

New legal maximum levels for chlorate of between 0.05 and 0.7 mg/kg (excluding food for babies and young children, at 0.01 mg/kg) and first time legally binding levels for perchlorate of between 0.05 and 0.75 mg/kg for matrices other than food for babies and young children (0.01 and 0.02 mg/kg, respectively) have been valid since July 2020.

 

Background information

Before the afore-mentioned time frame there had been a default maximum level of 0.01 mg/kg for chlorate and different reference values for perchlorate depending on the matrix, which, though not legally binding, were supposed to guarantee the marketability of the products.

 

The following table presents an overview of the analyzed samples with detectable amounts, itemized by food group or matrix. For reasons of clarity, only samples containing chlorate and perchlorate > 0.05 mg/kg (lowest valid maximum level at the time) are included in the chart.

 

The results of our analyses will be explained in the section following the table.

 

Quantities of chlorate and perchlorate in organic samples (2021)

Matrix / Type of sample	Quantity of chlorate [mg/kg]	Quantity of perchlorate [mg/kg]
Zucchini Spinach (2 samples) Kale Coriander, fresh Moringa oleifera, leaf powder, dried (7 samples) Barley grass, powder, dried Brown algae (alaria), dried Chlorella algae, powder, dried Cinnamon, ground Rosemary, dried, crushed Sesame, black Green Tea (3 samples) Oat drink (vegan substitute product) Hemp drink (vegan substitute product) Soy wieners, smoked, firm (vegan substitute product)	0.14 0.51       0.64 0.057 0.055 0.19 0.17 0.13	0.34 0.061 0.050 0.44 / 0.46 / 0.48 / 0.51 / 0.54 / 0.59 / 0.62 0.053 2.4 0.22 0.12 / 0.17 / 0.19

 

Quantities of perchlorate were detected in 58 of the 371 (16 %) analyzed organic samples (compared to 20 % in 2020; 17 % in 2019; 22 % in 2018; 23 % in 2017; 17 % in 2016; 20 % in 2015; 31 % in 2014; and 19 % in 2013). Residues of chlorate were detected in 41 (11 %) samples (compared to 14 % in 2020; 13 % in 2019; 11 % in 2018; 16 % in 2017; 12 % in 2016; 16 % in 2015; 20 % in 2014, and 26 % in 2013).

 

As was the case with phosphonic acid, these findings were also dispersed over a wide variety of matrices and countries of origin, and could not, therefore, be reduced to individual types of food or countries.

Similar to fosetyl and phosphonic acid, the properties of these two substances prevent them from being integrated into the investigative spectrum of the QuEChERS multi-method; they require their own processing and analytical method.

 

Chlorate and perchlorate have been routinely analyzed within the scope of the organic monitoring program since 2013. These substances will also play an important role in investigations in 2022.

 

 

Perchlorate

In this reporting year all of the analyzed samples were evaluated in line with the new legal maximum levels for perchlorate established by the EU Contaminants Regulation (EC) No. 1881/2006) that have been valid since July 2020. Only one of the 371 (0.3 %) analyzed samples, dried alaria brown algae in powder form, was noted for an exceedance.

 

In the previous year (2020), two samples of moringa leaf powder (0.6 %) would have also exceeded the maximum levels. These samples were collected and analyzed well before the date of validity for these new levels, however, so they were assessed as having exceeded the then valid EU reference value. These reference values were not legally binding, but would have ensured the marketability of the products. The conspicuous alaria brown algae sample would have also exceeded the reference value, had this been valid and applicable at the time.

 

CVUA Stuttgart addressed the issue of perchlorate as many as eight years ago. Since then, the levels of perchlorate residues found in plant-based foods have declined, given the reduction of its application via fertilizers.

Nevertheless, the Federal Institute for Risk Assessment (BfR) has recommended a further reduction due to toxicological concerns. These established and now EU-wide valid, legally binding maximum levels represent an important step and great success for consumer and health protection, of which CVUA Stuttgart played a significant role.

 

 

Chlorate

A total of 29 of the 371 (7.8 %) analyzed samples contained chlorate residues > 0.01 mg/kg (7.6 % in 2020; 7.0 % in 2019; 3.9 % in 2018; 6.8 % in 2017; 6.2 % in 2016; 11 % in 2015; 16 % in 2014). Although there are known possible paths of entry, it cannot be said with absolute certainty where the residues in a particular sample came from (see Info Box on chlorate). Until the end of 2019 samples with verified MRL exceedances (chlorate values > 0.02 mg/kg under consideration of processing and drying factors) were officially reported to be in violation.

 

At the beginning of 2020, however, the new maximum levels that would become valid in July of that year were already being applied. These lie between 0.05 and 0.7 mg/kg, with the exception of baby food (0.01 mg/kg). These maximum levels were valid throughout this reporting year of 2021, whereby none of the analyzed samples were found to be in violation due to a verified exceedance. Two samples did present residues above the maximum level, but these were not verified (1x sesame and 1x chlorella algae in powder form). For comparison, one sample of chia seeds was in violation for a verified exceedance in 2020.

 

In 2015 the European Food Safety Authority (EFSA) published new toxicological assessments regarding chlorate residues in food (acute reference dose of 0.036 mg/kg bodyweight and day). Based on these assessments, none of the samples analyzed in 2021 exceeded these health-based reference values. That means none exhausted the values by more than 100 %, and posed thereby no chronic or acute health problems.

 

 

More notable and interesting findings from reporting year 2021

Melamine in organic foods

Melamine is not a substance occurring in pesticides, but is rather a contaminant, for which a general maximum level of 2.5 mg/kg in food has been established, in accordance with EU Contaminant Regulation No. 1881/2006. Melamine is included in CVUA Stuttgart‘s analytical spectrum, so every sample is routinely examined for it. Melamine was detected in 18 of the 371 (4.9 %; 5.8 % in 2020; 9.5 % in 2019) organic samples analyzed in 2021, at levels above 0.01 mg/kg. The amount found in one of these samples (0.3 %; 1.2 % in 2020; 3.9 % in 2019) was above 0.1 mg/kg. This involved a sample of cucumber with 0.47 mg/kg. In 2020 there were two samples of moringa oleifera leaf powder with 0.24 and 0.26 mg/kg, one sample of garlic with 0.17 mg/kg, and one sample of arugula with 0.20 mg/kg. Although one sample of organic potatoes had been detected with residue levels of 6.3 mg/kg in 2019, which exceeded the above mentioned maximum levels, verified, and was thus reported for a violation, there was not one case from either 2020 or this reporting year.

 

Melamine can end up in food via, among others, fertilizers that release calcium cyanimide or which themselves contain melamine. It can also conceivably come from an application of the insecticide cyromazine, which forms melamine as a byproduct. Such fertilizers as well as cyromazine are not authorized for use in organic cultivation, however.

 

Chloridazon-desphenyl in frozen herbs and vegetables from organic cultivation

The by-product of the herbicide chloridazon was detected in one sample of organically grown frozen herbs (chives), two samples of frozen spinach and one sample of frozen peas. Although the MRL set by Regulation (EC) No. 396/2005 was not exceeded, the residue amount detected in the chive sample was significantly and verifiably higher than the orientation value for organic goods of 0.01 mg/kg. Moreover, the application of chemical synthetic plant protectors such as chloridazon is not permitted in organic farming in general. This sample was therefore judged to be fraudulent due to its organic labeling. One of the two frozen spinach samples exceeded the orientation value, albeit unverified, with a slightly higher amount. The quantities detected in the other two samples (spinach and peas) were under 0.01 mg/kg.

 

In the previous year (2020) the degradation product of the herbicide chloridazone was detected in two samples of frozen herbs (parsley, dill), two samples of frozen spinach, and one sample of frozen green beans, all from organic cultivation. None of these samples exceeded the maximum level set by Regulation (EC) No. 396/2005. Two of these samples (parsley, dill) did exceed, verified, the orientation value for organic wares of 0.01 mg/kg, however, and were judged to be fraudulent in view of their organic labeling. The three remaining samples (2x spinach, 1x green beans) all lay just under 0.01 mg/kg.

 

Quantities of chloridazon desphenyl were already detected in 2019 in three samples of organic frozen herbs (dill and chives). Two of these were reported as fraudulent in terms of the organic labeling; the third sample was referenced as containing slightly higher quantities.

Chloridazon is no longer permitted for use in the EU, but since the country of origin is (usually) not indicated on frozen goods it is possible that the herbs and vegetables also come from third countries.

 

Inorganic bromide in organic production

Higher levels of bromide (degradation product of the fumigant methyl bromide) are sometimes detected in our analyzed samples, both organic and conventional. Bromide can also occur naturally in soil, however, and there is indication that in areas near the sea or in former marine areas the naturally occurring quantities of bromide can be higher. Italy and other countries often refer to this as a possible source of bromide. Taking this fact into account, residue amounts of up to 5 mg/kg (orientation or threshold value) in fresh organic products will be accepted as having come from natural sources. In this reporting year 15 of the 371 analyzed samples (4.0 %; 4.4 % in 2020, 15 of 343 samples) presented with amounts of > 5 mg/kg.

 

In its assessment reports CVUA Stuttgart highlights cases where higher quantities of bromide residues in organic samples of > 10 mg/kg were detected (verified exceedance of the orientation value, under consideration of possible processing or drying factors). There were 11 (3.0 %; 1.2 % in 2020, 4 samples) such cases in 2021: green lentils (source unknown), spinach (Italy), 2x celery (Spain), tomatoes (Spain), lemongrass (Uganda), 3x moringa oleifera leaf powder (Kenya, India, unknown) and one sample each of dried dulse red algae (unknown) and dried alaria brown algae (Norway). The quantities detected in the two algae samples exceeded, verified, the legal maximum for fresh algae of 5 mg/kg, as established by Regulation (EC) No. 396/2005.

 

In 2020 there were four samples (1.2 %) with quantities > 10 mg/kg to report: 2x hulled sesame seeds and 1x basmati rice from India and green lentils from an unknown source. Moreover, the two sesame seed samples exceeded the legal maximum level of 20 mg/kg for sesame in accordance with Regulation (EC) No. 396/2005, although this was not verified due to analytical measurement uncertainty.

 

A fast and effective fumigant, methyl bromide has been long and widely used; however, it is very damaging to the ozone layer. Therefore, 175 countries made an international contract in 1987 (The Montreal Protocol) in which they pledged to significantly limit the use of methyl bromide as a fumigant and to apply alternative methods until 2015. Since 2015 the application of methyl bromide has been strictly limited worldwide. A reductionary trend in bromide residue amounts is therewith to be expected in the coming years.

 

Hydrogen phosphide (Phosphine) in organic products

These days food is imported to Germany from all over the world. In some cases the goods will have traveled a very long way in ships or other transporters before they arrive. In order to protect the goods from storage pests during transport the fumigant hydrogen phosphide is often used in the form of its phosphide salts in sea containers. The salts used in dispensers in solid form react with moisture in the air, creating hydrogen phosphide which, when released, kills the pests. Phosphine is also used in storage rooms, where dry or dried goods are stored.

 

Phosphine or hydrogen phosphide is not authorized for use in organic cultivation, so residues are not to be expected. Naturally occurring contamination from phosphine is neither known nor proven to date. There are discussions, however, regarding the possibility of (cross) contamination from residual dust of previously stored and treated or gassed goods that clings to the inner walls of containers or storage halls and which, when not properly cleaned, can be transferred to untreated goods.

 

In this reporting year CVUA Stuttgart analyzed 13 organic samples especially for residues of the fumigant hydrogen phosphine (sesame, nuts, lentils and rice). From 2017 to 2019 phosphine residues were found mainly in dried legumes (lentils) and cereals (rice).

 

Phosphine residues were detected in five of the 13 (38 %) analyzed samples (32 % in 2020; 33 % in 2019; 14 % in 2018; 12 % in 2017), which included lentils (3x), sesame, and hazelnuts. Four of these samples (31 %; 29% in 2020; 22 % in 2019) contained only low amounts of < 4 µg/kg (0.004 mg/kg), whereas one sample of red lentils from Turkey contained levels of 5.2 µg/kg (0.0052 mg/kg). This sample was referenced in an assessment report, due to its slightly higher residue levels. This lay, however, significantly short of the maximum level established by Regulation (EC) No. 396/2005 of 10 µg/kg (0.01 mg/kg). In 2020 there was such a case for basmati rice from Pakistan, which contained a slightly higher level of 5.8 µg/kg (0.0058 mg/kg), which was nevertheless also significantly under the maximum legal amount of 50 µg/kg (0.05 mg/kg).

 

In this year, then, as in 2020, there were no violatory organically grown samples to be found, either due to an exceedance of the maximum residue level or because of the fraudulent labeling of a conventionally grown product as organic. In 2019, however, a sample of lentils from Turkey was indeed registered as a violation.

In the years from 2019 to 2021 there were overall significantly more residues detected in organic food than in previous years. It is important to note, however, that the analytical limit of detection of the applied measurement methods was lowered in 2019, enabling much lower levels to be determined.

 

CVUA Stuttgart published a report (in German) on its internet website with background information on the subject of residues from the fumigant hydrogen phosphide in arid, plant-based foods as early as 2012.

 

Ethylene Oxide and 2-chloroethanol in organic products

Investigations, results and background information on this topic can be found in reports published by CVUA Stuttgart in the years 2020 and 2021 (10 December 2020, 28 July 2021 and 17 August 2021).

 

In this reporting year a total of 134 samples of organic produce were analyzed for residues of ethylene oxide and its degradation product 2-chloroethanol. Nine of these samples (6.7 %) contained amounts of 2-chloroethanol, ranging from 0.065 mg/kg in a vegan soy-based wiener substitute to peak values of 410 mg/kg, 733 mg/kg and 1,030 mg/kg in moringa oleifera leaf powders. Ethylene oxide itself was not detectable in any samples.

The nine samples with detectable residues included the following products: vegan soy-based wiener substitute, barley grass powder, milk thistle powder, turmeric powder, red maca root powder and moringa oleifera leaf powder (4x).

 

Five of these samples exceeded, verified, the valid legal maximum levels according to Regulation (EC) No. 396/2005. They were all judged to be unsafe foods due to the exhaustion of the toxicological reference values (4x health hazard, 1x unsuitable for consumption).

 

Authors

Marc Wieland, Kathi Hacker and Ellen Scherbaum, CVUA Stuttgart

 

Translated by: Catherine Leiblein

 

 

Report published on 03.08.2022 09:53:34